After a meeting of player representatives from all of the NBA's teams today, the union announced that it was rejecting the owners' latest ultimatum and is planning a disclaimer of interest. In that, rather than the players voting to decertify the union, the union says it is no longer the bargaining unit. If the players are in a trade association rather than a union, then anti-trust laws apply to the owners. On the decision, union executive director Billy Hunter:
Hunter said the players have "negotiated in good faith for over two years" and felt "they've given enough." [...]
NBPA president Derek Fisher said the decision was unanimous.
"A lot of individual players have a lot of things at stake in their careers and where they stand, so we feel its important to all our players ... that we not only try to get a deal done for today, but also for the body of players who will come into this league for this decade and beyond," Fisher said.
The union has said it would accept many concessions, including major financial ones. As for the owners, Marc Stein of ESPN.com writes:
The owners want guaranteed profits and a more level playing field if they can get away with it … although I find the notion that owners think any business in 2011 is entitled to a can't-lose system to be one of the more outrageous things we've seen over four consistently outrageous months.
And Chad Ford writes that "The players are hurting because they're getting screwed. The owners are hurting because they didn't totally destroy the union."
While a disclaimer of interest worked for football players last spring, I'm a little surprised. Indications were that players were close to ready to file for a decertification vote, and in advance of the union's decision to disclaim interest, ESPN laid out reasons that decertification might be preferable:
- The threat of dissolving the union provides leverage. During the ensuing 45-60 days after filing a petition to decertify, the union will have a stronger bargaining position. A disclaimer dissolves the union immediately, eliminating the looming threat.
- A disclaimer of interest is more likely to be attacked in court as a sham.
- The league's federal lawsuit was filed in anticipation of a disclaimer of interest. If the union disclaims interest, the lawsuit will still be pertinent. If the players decertify instead, the lawsuit will become irrelevant.
Either a decertification vote or disclaimer of interest made the possibility of play beginning this season extremely unlikely, unless owners begin to bargain in earnest in response to this evidence that players are serious about not completely capitulating. So far, though, there's been no sign such a thing is likely.