Players file suits against NBA owners over the lockout – NBA Labour Dispute Update
NBA players have officially filed two antitrust lawsuits against the owners after decertifying the National Basketball Players Association (NBPA). The players filed one complaint in Minnesota while another was filed in the Northern
District of California.
Both were shrewd choices by the players’ union lawyers, who chose the Minnesota district court because it has a history of being favourable to unions, and ruled in favour of the NFL players just recently.
The federal court in San Francisco too is a smart choice. It comes under the jurisdiction of the 9th U.S. Circuit Court of Appeals, which is considered to be the most liberal of the 13 circuit courts.
Players took the drastic step after negotiating with the owners for almost two years over a new Collective Bargaining Agreement. When the old one expired, NBA Commissioner David Stern, with backing from the owners, locked them
out on July 1st.
Both sides continued negotiations during the lockout but with the stoppage already in its 5th month, Stern issued an ultimatum to players that they did not take kindly to. His take it or leave it offer for starting the
season in December in return of massive concessions was rejected by the players, who then decertified and have now filed the lawsuits.
Players’ attorney David Boies said it was that the union still wanted to keep negotiating, but Stern pushed them over the edge.
"Here you had an ultimatum from the owners that made absolutely clear that the collective bargaining process was over," he said, adding that Stern's threat is quoted in the lawsuit. "That's not collective bargaining, and so you
have a very distinct set of facts here."
The lawsuits mean that the battle is not one about bargaining anymore, it is now a legal one. Although the players believe they have a solid argument to make in court, Boies accepts that a judgment would not be coming anytime soon.
That does not bode well for an NBA season being played at all.
"Nobody can tell you how long it's going to take. We all know it's possible to delay lawsuits for a while, but I think it is in everybody's interest to try to resolve this promptly," said Boies, speaking on behalf of the California
filing. "The longer it goes on, the greater the damages that the teams will face, the greater the damages that the players will suffer, and perhaps most important of all, the longer basketball fans will be deprived of basketball."
The players though could win massive damages if the courts rule in their favour, more than enough to offset around $2 billion in losses they would suffer if the season is cancelled. They have filed treble charges, which means they
are seeking three times the amount owed to them for the 2011-2012 NBA season.
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