HANG TIME HEADQUARTERS – We apologize in advance for the conflicting reports you’re going to hear in the days and weeks ahead about basically any and every NBA player, free agent or not, being pursued by this team or that team.
Hey, it’s that time of year, just a few months later than normal.
Of course, with a condensed free agency period/training camp all rolled into one, things are going to be a little wilder and crazier than usual. So again, be prepared to hear any and everything and just remember that until at least Dec. 9, it’s all talk …
PACERS CHASING RONDO?
Adrian Wojnarowski of Yahoo! Sports: As Boston Celtics general manager Danny Ainge aggressively pursues possible deals for Rajon Rondo, the Indiana Pacers have emerged as an intriguing suitor for the point guard, league sources told Yahoo! Sports. For the past few days, Pacers officials – and third-party surrogates – have been making calls and gathering information and insight into Rondo’s reputation as a teammate and leader, sources said. The Pacers and Celtics have discussed the preliminary framework of a deal, but two sources said Indiana would need a third team to provide Boston with the talent it wants to do a deal. The Celtics are likely trying to gather the necessary pieces to make a bid for Ainge’s ultimate target: New Orleans point guard Chris Paul, sources said. It was unclear if the Pacers had begun to reach out to broaden discussions, but there was an expectation they would do so. The Celtics have been gauging Rondo’s trade value for more than a year, and have held discussions with teams about him across the past few trade deadlines and NBA drafts. There have long been divides within Boston’s front office, coaching staff and locker room about Rondo. He can be moody, difficult and stubborn, and several league sources were dubious if the Pacers’ young coach, Frank Vogel, would have the stature to deal with Rondo.
NETS READYING OFFER FOR DWIGHT HOWARD
Marc Stein and Chad Ford of ESPN.com: The New Jersey Nets are prepared to offer a trade package featuring Brook Lopez and two future first-round picks to acquire Dwight Howard before the Orlando Magic center becomes a free agent in July 2012, according to sources close to the situation. Sources told ESPN.com this week that, to sweeten the proposal, New Jersey would likewise offer to take back the contract of Magic forward Hedo Turkoglu, who has three seasons left on his contract worth just under $35 million. Absorbing Turkoglu’s remaining salary would become financially feasible for the Nets after the expected release of swingman Travis Outlaw through the amnesty clause that will be included in the NBA’s new collective bargaining agreement and by including another smaller contract or two in the deal. No trade deadline for the 2011-12 season has been set in stone yet by the league office, but many team executives believe it will fall in March. Once the league officially re-opens for business, Howard’s future in Orlando is sure to be one of the season’s dominant story lines, along with Chris Paul’s future in New Orleans and the Nets’ attempts to secure a long-term commitment from star guard Deron Williams. It’s been an open secret around the league that the Nets’ dream scenario is pairing Howard with Williams, after they followed up their failed pursuit of Carmelo Anthony last season by trading for Williams just before the February trade deadline. It remains to be seen whether Howard will regard the Nets as a prime destination on par with the New York Knicks, even after they move out of New Jersey, but sources say that Russian owner Mikhail Prokhorov has long believed that teaming them up would convince both Team USA stars to commit their long-term future to the Brooklyn-bound Nets.
HANG TIME HEADQUARTERS – Rarely have so few words received so much scrutiny.
But if we didn’t know any better, the amnesty provision in the NBA’s new labor proposal (and that’s all it remains at this point, until the untangling process is complete) would appear to be the most important piece of the pending collective bargaining agreement.
It seems strange that something that will be utilized by such a small number of teams would be the focus of everyone’s attention. Yet when you realize the names that could potentially be impacted by the rule — Brandon Roy, Rashard Lewis, Baron Davis, Richard Jefferson, Mehmet Okur,Gilbert Arenas and several others — the intense examination of how the rule works makes much more sense.
HANG TIME HEADQUARTERS – Now that we have the hardest part of that pesky 149-day lockout behind us, it’s time to refocus and turn our attention to the future. And that means the next step(s) teams will take in the process to return the NBA to fully operational.
With the 66-game schedule being arranged and free agency and training camp to begin simultaneously on Dec. 9, we should be in store for some fast and furious personnel action around the league. But before we get there, we have details that must be dissected and discussed.
There are, however, plenty of opinions regarding how this tentative out-of-court agreement between the players and owners was reached and what sort of structure it will allow teams to function in …
Michael Wilbon of ESPN.com: The funniest thing about these five months of melodrama is that the NBA will begin the season precisely when and how it should anyway. Play should never for any reason commence before Thanksgiving and probably not until the first week of December, at the earliest. Truth is, a tripleheader on Christmas Day with Kobe, LeBron, D-Wade, Dirk and D-Rose, plus the Knicks in the Garden hosting the Celtics, is probably better than these two quarrelsome parties deserve. It’s as though they stumbled into beginning the NASCAR season with Daytona. Please, don’t tell me the Christmas Day games need a makeover for scheduling reasons. How do you get better than the Mavericks receiving their 2011 NBA championship rings in front of the Miami players? The Lakers are must-see holiday TV, so if LeBron and D-Wade aren’t available, who better to share the stage with Kobe than reigning MVP Derrick Rose and a conference finalist team? The last time we saw the allegedly revamped Knicks, they were going out like dogs to the Celtics; what better place to start anew with the most overrated franchise in American sports? So please, don’t let the NBA screw up its first call of the new season. These matchups are irresistible. Purposefully or not, the league couldn’t stage a more satisfying comeback. Even if those games are all moved to TNT, I’ll feel the same way about the Christmas Day return.
Ira Winderman of the Sun Sentinel: An expected windfall for NBA contending teams in search of affordable talent could wind up short-circuited by the league’s soon-to-be-approved collective-bargaining agreement. The Sun Sentinel confirmed Sunday that instead of players being released under the league’s “amnesty” provision going directly to the open market, a bidding system has been put in place for teams operating below the league’s salary cap to add such players at a deep discount. ”That’s what the clause is in there for,” a party familiar with the impending process Sunday told the Sun Sentinel. “It’s so the Lakers can’t go in and scoop up all the players.” Under the amnesty program, a team can waive a player in order to remove his salary from its salary cap and luxury tax, while still paying out the balance of that contract. It had been widely assumed that such players then would immediately hit the open market. That could have positioned the Miami Heat to add players such as Baron Davis, Rashard Lewis, Brendan Haywood or Brandon Roy at the NBA salary minimum, with the players’ previous teams still paying their full salaries. (Team-by-team decisions on specific players, if any, to receive amnesty releases will not be announced until after the CBA is ratified.) However, in an outline of the proposed collective-bargaining agreement obtained by the Sun Sentinel, the NBA instead has instituted “a modified waiver process” that would allow teams operating below the salary cap to “submit competing offers to assume some but not all of the player’s remaining contract.” For example, while Lewis has two years at $44 million total remaining on his contract, a team currently operating below the salary cap could bid to pay Lewis $3 million in each of those years (with the Washington Wizards, who are expected to make Lewis available, then paying the balance of his salary). ”Some of it is still not 100-percent worked out,” a party familiar with the impending policy told the Sun Sentinel.
Ian Thomsen of Sports Illustrated: I will admit (and not just because it’s easy to look up online) that I didn’t think the NBA owners and players had it in them to reach agreement. I believed a majority on each side of the table wanted to save the 2011-12 season, but I also believed that process and protocol had got the better of them. They knew what they should do, but they didn’t know how to do it — that’s what I thought would be the epitaph on this lost season. But they turned out to be bigger than the overwhelming circumstances. This is not a perfect deal, and it is surely loaded with all kinds of unintended consequences. For all anyone knows, the efforts to limit the dominance of the richest franchises could wind up giving them more power than ever, should a hardened salary cap inspire the players to chase endorsement income in the absence of a big free-agent payday. There are going to be bad feelings all around, and you may see some players refusing to do any commercial or public service work for their teams as an act of protest for the deal they feel was shoved down their throats. For objective people, however, it does no good to exclusively blame the players or the team owners. Because each side needs the other. Together they built up the NBA, together they threatened to bring it down, and together they came to an agreement when they finally realized just how much they need each other. These negotiations could have meant the end for the NBA. What they wound up generating was not the solution to all of their problems. But it is a beginning. In this world, a beginning is something to be celebrated.
Adrian Wojnarowski of Yahoo! Sports: The NBA and Players Association are discussing the formation of a committee to study the age minimum for the league’s draft with the possibility that no immediate changes to the “one-and-done” rule will come in the finalization of the new collective bargaining agreement, a league official told Yahoo! Sports. “Only the agreement to have the committee may be part of the new CBA,” the source said. “I doubt it will have any affect on the 2012 draft.” This could mean the current class of star college freshmen, including potential No. 1 overall pick Anthony Davis of Kentucky, will have the opportunity to enter the 2012 draft. The draft’s age rule is considered one of several “B-list” issues that were tabled in settlement talks, but must be resolved in negotiations before the league and players can get a signed agreement. The NBA and its players must still negotiate several more issues, including drug testing and NBA Developmental League assignments. The shelving of the age minimum debate buys the league more time to deal with the high-profile and impactful issue. For now, the rule calls for American-born players to turn 19 during the calendar year of the draft and be one year removed from their high school graduating class. Since its inception, the rule has created an era in college basketball known as the “one-and-done,” where many top players have spent one year on campus before leaping to the NBA. Within the NBA, there’s a growing movement to create a rule similar to Major League Baseball, which requires college players to stay three years before becoming eligible for the draft. Some NBA teams have suggested a system in which the age minimum for the draft would be 20. Under that scenario, non-international players also would have to wait until two years after their senior high school class has graduated.
After 15 hours of negotiations Friday-into-Saturday –- and 149 days of lockout start to finish -– representatives of the NBA owners and players reached a tentative deal on settling their various lawsuits that should lead to a new collective bargaining agreement that will salvage a shortened 2011-12 season beginning on Christmas Day.
Details of what will become a new labor contract still were vague when the meeting ended after 3 a.m. ET at a New York law office. But the bones of a deal reportedly call for the players to receive a “band” share of basketball-related income ranging from 49 percent to 51 percent depending on the league’s growth (with a more reasonable shot at 51 than in previous offers). A laundry list of system issues, meanwhile, are intended to make the NBA more competitive across its 30 teams.
NBA commissioner David Stern and Billy Hunter, the former executive director of the players’ former union, met with reporters in an impromptu joint news conference shortly after the meeting.
“We’ve reached a tentative understanding,” Stern said, “that is subject to a variety of approvals and very complex machinations. But we’re optimistic that will all come to pass and that the NBA season will begin on December 25th, Christmas Day, with a triple-header.
“We’re very pleased that we’ve come this far. There’s still a lot of work to be done in a lot of places, with a lot of committees and player groups and the like. But we’re optimistic that it will hold and we’ll have ourselves an NBA season.
Stern said the owners’ labor relations committee would be briefed Saturday, with the agreement passing then to the overall Board of Governors. The commissioner said he expects both bodies to endorse the deal.
Said Hunter: “We’re going to turn it all over to the lawyers here and have them work out all the details. We’ll be able to then talk with you further as that process proceeds.” It could take a week to 10 days for the players to re-form their union and ratify a formal CBA.
Stern and Hunter did share a few details on the shortened season. A 66-game regular-season schedule, first reported by the New York Times Wednesday, is likely, pushing the start of a full playoff bracket a week or so later into spring. The plan is for training camps and free agency to both begin on Dec. 9, though details remained sketchy. All-Star Weekend in Orlando, initially set for Feb. 24-26, is expected to be preserved.
Technically, the talks that stretched from noon Friday into the wee hours Saturday were aimed at settling the antitrust lawsuit filed last week by the players when they dissolved their union. But the essence of that settlement will serve as the new CBA, assuming remaining “B-list” issues are worked out, lawsuits by both the players and the league (anticipating the union’s disclaimer of interest) get dismissed, the union gets re-formed with the league’s approval and the deal is ratified by both the NBA’s 30 owners and its 430-plus players.
The “A-list” issues, though, were the ones that had hung up the season, forcing what will be an opening night delayed by 55 days. They’re the ones that caused bargaining to break down Nov. 14 and they’re the ones that needed to be addressed to both sides’ satisfaction –- or tolerable dissatisfaction -– for the tentative agreement to get struck.
Finding middle ground on those was key. Among them:
– The mid-level exception for non-taxpaying teams will have a maximum length of four years every season (instead of alternating at four years, then three years). Starting salary can be as much as $5 million.
– There apparently will be a “mini” MLE for taxpaying teams, restricting the amount they can offer to free agents.
– A 10 percent maximum escrow tax will be withheld without the unlimited “true up” amount requested by the owners in their previous offer.
– Extend-and-trade deals –- as used by Carmelo Anthony and the New York Knicks last season –- will be modified but not eliminated in a new CBA. That could impact players such as Orlando’s Dwight Howard and New Jersey’s Deron Williams.
The mood has yet to strike us here at the hideout. Sure, we’ve got all the Turkey Day fixings ready for Thursday.
Inside our own little basketball world here, there is little to be thankful about these days. We’re thankful the entire season hasn’t been canceled (yet). We’re thankful there is still a scrap of hope that the sides will come to their collective senses and put an end to this dreadful lockout.
But without either side giving an inch in the coming days and weeks, we won’t have that scrap to hold onto. Time is running short and not even the holiday season seems to be affecting the mood of the major players in this drama.
Many of these owners know how damaging a lockout can be, having gone through the 1998-99 lockout. There are 33 active players living through the second lockout of their careers — Steve Nash, Jason Kidd, Kevin Garnett, Paul Pierce and Grant Hill among many others — an average of slightly more than one player per team. You’d think they would know exactly how costly this current fight will be on the collective psyche of fans that don’t care about the particulars and just want their game back.
But while millions of people will spend Thursday carving that Thanksgiving turkey and watching NFL games with family and friends, enjoying every second, our game will remain dormant. Someone needs to wake up and breathe life back into the game. All it takes is one phone call to get the proverbial ball rolling …
Ken Berger of CBSSports.com: The NBA season is now in the hands of lawyers who can’t even figure out how to start a game of phone tag. That’s where we are. In a media briefing Monday to announce that the players have consolidated and refiled two separate antitrust claims into one class action in Minnesota, attorney David Boies lamented the slow response and virtual silence from the NBA since the actions were first filed last Tuesday. In fact, he scoffed at the league’s response — delivered to reporters via email from NBA counsel Rick Buchanan, and not commissioner David Stern — as evidence for why making a phone call to begin settlement talks would be “a waste of time.” ”I think they’ve made pretty clear, including by the statement that they just made, that they’ve got no interest in talking to us,” Boies said at his Manhattan office. “It takes two people to negotiate.” But it only takes one person to pick up the phone and dial a number to get the ball rolling. And Boies said neither side had done that as of Tuesday, at least not at the highest levels of the law firms involved — the law firms that now hold the future of a sport in their hands. Legal protocol says that Stern can’t really call former union director Billy Hunter, and the attorneys for either side can’t call one of the clients on the other. It’s a tangled web they’ve woven, one that has made tracks in four district courtrooms in three states since the NBA first sued the players in August. As to whether the players’ attorneys should call the NBA’s attorneys, or vice versa, there is protocol for that, too. The players have sued the NBA, and thus it is incumbent upon the NBA to respond. The league has until Dec. 5 to formally respond to the lawsuit in the U.S. District Co in Minnesota. Or, its legal representatives can at any time pick up the phone and call Boies or any of his associates working on behalf of the players to initiate settlement talks. This would not only bring the league closer to stopping the clock on potential damages, but also would start the clock on possibly having a basketball season.
Howard Beck of The New York Times: The N.B.A. will argue that the players’ disbanding of the union is a sham perpetrated solely as a bargaining tactic, and that the antitrust laws should not apply. Boies said the primary goal remained a quick settlement that would save the 2011-12 season. “If the league’s approach is to ignore this litigation and try to go into a state of denial and hope it goes away, I think that will not be in anybody’s interest,” Boies said. “I don’t think it’s in our interest, I don’t think it’s in their interest. It’s certainly not in the fans’ interest.” Boies said he originally considered filing the lawsuit in Minnesota, which is in the Eighth Circuit, before choosing Northern California, which is in the Ninth Circuit. Both jurisdictions have a history of player-friendly rulings, with one notable recent exception. Last spring, the Eighth Circuit Court of Appeals rejected N.F.L. players’ bid for a permanent injunction to end that league’s lockout. Boies represented the N.F.L. in that case. The Minnesota court provides two advantages over the Northern California courts, Boies said. It generally has a less congested docket, and it has a history of moving cases along swiftly. Although antitrust cases can sometimes take years to resolve, Boies said he believed he could get a declaration of summary judgment much sooner, perhaps in three months. “This is not a complex antitrust suit,” Schiller said, adding, “It’s not going to take years. It’s going to take months, if not weeks.”
Chris Sheridan of Sheridanhoops.com: The next logical step in the illogical NBA lockout is for David Boies to call Jeffrey Mishkin, or for Jeffrey Mishkin to call David Boies. The latter attorney, Boies, who represented Al Gore against George W. Bush in the 2000 U.S. presidential election, now represents NBA players, and Mishkin is the outside counsel for NBA commissioner David Stern and the owners. It would take approximately 2 minutes for their secretaries to put that call together. And after obfuscating and posturing for the better part of an hour in a meeting with reporters Monday night, Boies finally yielded to the relentless logical questioning of yours truly, put his hands to his temples for 13 seconds and then said he may just go ahead and make that phone call sometime in the next day or two. “Some lawyers say to pick up the phone is a sign of weakness,” Boies said. “But if you’re weak, you’re weak, and if you’re strong, you’re strong. It doesn’t make you weak or strong by your calling or not calling. On the other hand, until they’re prepared to say something other than what they just put out in this statement, the question is, why are you calling?” This particular episode of peacocking … oops, I mean news briefing … was designed to be a show of strength from the players’ new lead attorney, an epic billable hour ($1,225 is Boies’ going rate) of rhetorical posturing about how the NBA owners are now in really, really big trouble because they are leaving themselves open for triple damages — about $6 billion if the entire 2011-12 season is missed.
Marcus Thompson II of the Oakland Tribune: Warriors rookie Klay Thompson, drafted No. 11 overall, crossed that bridge last week when his beloved Washington State Cougars took on rival Gonzaga. Watching from home, he said had he known the lockout would have come to this, “it probably would have affected my decision” to leave college early. Whether they should have stayed college isn’t the only nagging question. Should they go overseas? Should they borrow money or tough it out? It is common practice for rookies — especially first-rounders, millionaires-in-waiting — to get a loan from their financial adviser. Some, like Thompson, however, don’t want to accumulate debt. So he’s “living like a broke college student” while staying at home with his parents. Tyler is living with his brother in Cupertino. The hard part about the waiting, they say, is they have no idea when it will end. Eventually, they’ll get paid, get to play on the big stage. Until then, their time is filled trying not to go insane. ”They need to work out,” Oakland-based agent Aaron Goodwin said. “Take a class or two online. Do some work towards finishing their degree.” Both Warriors rookies said they work out daily. Preparing for camp, whenever it starts. Training for their debut, whenever it comes. Tyler, who’s been training at Cal, said he is embracing the center position. He’s trying to get in the best shape possible and work on his low-post game. Thompson trains at various spots in Southern California and plays pick-up with various NBA players in the area. Still, he acknowledged the monotony of it all. ”It’s de-motivating,” Thompson said. “Not knowing when the season is starting. Not knowing how long this will go on. We’re doing the same thing every day. I’m not going to lie. It’s hard to stay motivated.”
Kurt Helin of ProBasketballTalk.com: Hope of a partial season springs from the fact in the next few weeks (likely after Dec. 5) we can expect the judge to order more mediated negotiations between the two sides, PBT was told. Mandated mediation is commonly part of anti-trust lawsuits, essentially a chance for the judge to make sure the two sides really want to go down this path. To give the sides one more chance to settle their differences without a judge involved. (It is possible one side picks up the phone and calls the other to ask for a negotiating session, but that is the less likely scenario. The owners have said they wouldn’t do that and players attorney Boies said he would not because the league is not receptive.) A judge likely will order mediated negotiations by the middle of December if not before, according to the source. Talks would start soon after. This would be similar to the talks when federal mediator George Cohen sat down with the sides last month. The one key difference would be the level of pressure on both sides to figure this out — the players do not want to lose a season of salary ($2.2 billion), the owners do not want to lose a season of revenue (at a much higher percentage for them than the last deal), plus neither side wants to damage the game by costing a full season. What is the point of fighting over how to divide up the revenue pie if the pie itself gets smaller? In addition, the threat of summary judgment — which would certainly be a huge loss for whichever side did not convince the judge of its case — is another motivation for both sides to figure this out.
Lee Benson of the Deseret News:Derek Fisher isn’t unique or alone. He simply serves as a convenient and highly visible example of the serious dysfunction that is the NBA, a place where for decades well-paid, well-fed employees have constantly snapped at the hands that feed them. Here in Utah we’ve been watching it up close and personal since the Jazz first arrived in 1979. It’s been like living next door to the expensive house on the hill where the parents continually and lavishly spoil their children. They give them whatever they want, treat them like royalty — and in turn the children behave like ungrateful brats. We’ve all watched as salaries have increased like Argentinian inflation, as amenities that range from plush practice and playing facilities to charter jets have grown exponentially, as players have become so pampered they don’t even drive their own Escalades to the arena and wouldn’t think of paying full-price for anything. (And as the price of tickets and concessions rise year after year.) And yet, it’s never enough. Right now, the average NBA salary is $5.1 million, the median NBA salary is $2.4 million (half of the players make more, half make less), and the least anyone can make is $500,000 (the rookie minimum). And the players are revolting at the owners’ notion that they need to scale back because there’s a Great Recession going on, almost a 10th of America is unemployed … and by the way, two-thirds of the league’s franchises are losing money every year. In a way you can’t fault the players. Isn’t this how the overindulged always behave? By the same token, the owners have only themselves to blame. They purchased their season of discontent through their decades of constant pampering and acquiescence.
Michael Lee of The Washington Post:Andray Blatche may have missed out on his first NBA paycheck of the season last week – and might lose out on $6.4 million if the NBA lockout wipes out the 2011-12 campaign – but that hasn’t stopped him from trying to make Thanksgiving special for some families in need. Blatche plans to join Roger Mason Jr. and the National Basketball Players Association on Tuesday to hand out 100 turkeys on a first-come-first-serve basis at the Laurel Boys and Girls Club from 6 p.m. to 10 p.m. Blatche has given away turkeys through his charity foundation in the past, but he rarely had the opportunity to connect with people since he was busy playing for the Wizards. But already this year, Blatche has given turkeys to single-parent mothers, breast cancer survivors and battered woman in his hometown of Syracuse, in South Carolina and Florida. He also volunteered over the weekend at a round-robin basketball challenge sponsored by the Maryland-National Capital Park Police. “I’m at a point in my life where I’m straight,” Blatche said in a recent telephone interview. “I’m just doing what me and my family believe in, which is giving back and always count your blessings. That’s why I’m out here doing as much stuff as possible. Even though it’s not the season, I’m still continuing to do what I’ve been doing.” Blatche has been a steady presence over the past few months at the Laurel Boys and Girls Club, where he has worked out with trainer Joe Connelly four to five days a week. Mason and Wizards teammates John Wall and Hamady Ndiaye have also trained with Blatche in recent weeks. “They let me work out there, so I’m showing some love back,” Blatche said of his turkey giveaway.
Iman Shumpert for the New York Post: Friday night, I headed out to Bridgeport, Conn., to play in another charity game for us locked-out players. The people who came out — maybe 2,000 — provided us plenty energy with cheers and competitive boos. I decided to sit out the last part of the game after going up for a dunk and feeling an awkward pain in my knee. I could have kept playing, but decided just to ice it to ensure I was OK. Nothing major. I think it was due to not warming up at half because I was hanging out with fans and doing photos and autographs, which is partly why we were there. Some of the many participants were Tyreke Evans, Sam Young, Josh Selby, Wes Mathews, Nolan Smith, Howard Thomkins and Travis Leslie. My team won, 171-169. The best part for me was getting a chance to connect with more Knicks fans praying for a season! It was a great turnout. The last couple days, I’ve spent time in the studio where Tupac was shot — Quad Recording Studios in Midtown. Definitely a magical feeling in that sort of work environment. I did a collaboration with Billz, an up-and-coming, unsigned Brooklyn group. This Thanksgiving, I have a lot to be thankful for. The lockout has given me a chance to for once have a lot of down time to spend with family and friends.
HANG TIME HEADQUARTERS – No offense to Billy Hunter or Derek Fisher, the two men who have been the public faces of the players’ side of the NBA lockout for months now.
But Paul Pierce is the man most of us have wanted to hear from in recent weeks. His name has been tossed about as some sort of rebel in this entire process, the one veteran star brave enough/crazy enough to push for decertification when few others had the gumption to go there.
Pierce has been portrayed as some sort of modern-day NBA version of Robert Roy McGregor and one of the main culprits in the process reaching its breaking point last week with the disbanding of the union and the filing of multiple federal lawsuits. But how you view him is all about perspective, and which side of this argument you are sitting on.
“I’m optimistic that we will have a season,” Pierce told Yahoo! Sports by phone Saturday. “People ask me that every day when I leave the house if we are going to have a season. I’ve been probably saying, ‘Hopefully in a couple weeks,’ the last two months. That’s how optimistic I am. I just feel like something is going to happen.
“There is going to be something that turns the light on for both sides and gets this thing going. I think there is too much at stake for both sides. The [popularity] that the game is building nationally and worldwide … it’s crazy that we are at this place right now.”
Pierce doesn’t downplay his role in the whole disclaimer/decertification movement on the players’ side. And from what he told Spears he absolutely was the driving force behind informing his fellow players about their options regarding that course of action.
“I told my agent to just take a peek,” Wade said in an interview with The Associated Press. “It’s time. There’s a possibility that we’re not going to have a season. We’ve got to see what’s out there, what the possibilities are. I want to play competitive basketball this year. I’ve missed a year of basketball in my life before. I’m not trying to miss another. I don’t have too many years of basketball left.”
“We’re just discussing it,” Goodwin said. “We’re in discussions and it’s definitely a consideration, but we’re not in the final stages.”
No one want to see some mass exodus of NBA stars at such a crucial time in these labor talks, and despite all of the legal proceedings going on around the country on behalf of both sides, we very much consider this an ongoing situation.
But we agree with most optimistic fringe in the belief that there is more than enough time on the calendar to turn this thing around and salvage some sort of an abbreviated season.
HANG TIME HEADQUARTERS – Opinions on the current state of affairs between the NBA and its players are flying in every direction and from all manner of so-called expert, with the emphasis on the “so-called’ portion of the equation.
The blame-game is still in the first quarter with everyone from former union director Billy Hunter and NBA Commissioner David Stern to the attorneys for both sides and the hundreds of players that comprise(d) the union all being identified in one way or another as the main culprits for this fiasco that has cost us games through at least Dec. 15, and counting.
But we are admittedly in unfamiliar territory here. No one is quite sure where this process goes from here … because we’ve never been here before.
So we figured a little perspective is needed. And in trying times, that perspective might come from unexpected places. We found one of those places on this morning’s playback of NBA TV’s Game Time from Tuesday night.
David Falk, once a super agent and the man that helped guide the likes of Michael Jordan during the zenith of his career, provided a sobering perspective on where things stand right now in this labor dispute:
Speculation about the 2011-12 season, and if and/or when it might get stated, remains the hottest topic on the minds of most. Hopeful is the magic word being used here at the hideout.
HANG TIME HEADQUARTERS – In a matter of hours Monday, the NBA’s labor impasse went from maddening to certifiably ridiculous thanks to raging emotions on both sides of a nasty fight.
What’s that phrase Kobe Bryant uttered a few weeks ago? It’s the same one NBA Commissioner David Stern used yesterday in the aftermath of the union rejecting the league’s proposal for a new collective bargaining agreement and disbanding (read up on the details here), the first step in an anti-trust lawsuit being filed by the trade association formerly known as the union.
“The union decided in its infinite wisdom that the proposal would not be presented to membership,” Stern said. “Obviously, Mr. [union attorney Jeffrey] Kessler got his way and we are about to go into the nuclear winter of the NBA.”
Raise your hand if you’ve had enough of this already.
We spent 137 days waiting for something that could have come July 1. If this affair was going to end up in the courts with one side suing the other, we only wish it had come right away instead of months later, when it seemed the sides might be working their way to an uneasy alliance for the greater good of the game.
Instead, we’re left with the prospect of that aforementioned nuclear winter.
– 4:53 p.m.: If you’re like most of us, one minute you love Twitter. And the next … well, you know what’s on the other side of that line.
As huge a role as the social networks have played in this saga since July, you had to know they’d be on fire in the aftermath of today’s decision by the players to disband the union and reject the owners’ latest proposal for a new collective bargaining agreement.
SI.com‘s Point Forward blog captured the moment in all of its enigmatic splendor shortly after the decision came down. Click here to enjoy it/punch-a-hole-in-the-wall (careful, that wall doesn’t give much).
It comes from Seattle native and rookie Isaiah Thomas shouting out another diminutive guard from the Emerald City (which boasts one of the deepest NBA rosters in the league these days), Nate Robinson:
Welp, since we ain’t playing hoop in the NBA ima sign up for a 6ft and under league back at the crib u down @nate_robinson lol?
It’s not nearly as funny as it would have been four months ago!
NEW LABOR LEADERS SPEAK
– 4:27 p.m.: It didn’t take long to track down the men heading up the players’ fight in what has shifted from negotiations to a lawsuit.
Both union attorney Jeffrey Kessler and his new partner David Boies answered questions for reporters in New York after the union presser earlier this afternoon. Their answers shed some interesting light on where this process is headed (text courtesy of our friends at TrueHoop.com):
Since the decertification didn’t work for the NFL, how much better is this disclaimer?Boies: Well, remember, in the NFL case, the disclaimer …. although it was ruled valid by the district court, was never really decided by the court of appeals. The point, too, in the NFL case, was whether or not there could be an injunction. As you heard in there, we are not going to seek an injunction. While we’re going to go back, and we’re going to look at legal options, you heard Billy say that one of the things the players are not going to do is go seek an injunction here.Why not?Boies: Well, my view, and this is one that Jeffrey and I may have a different view on, is that under the Norris-Laguardia Act it’s very difficult to get an injunction. That doesn’t mean you can’t have damages. And in fact, the whole point of the Norris-Laguardia Act was to stop injunctions and force the these kinds of disputes into the damage arena.Even if you could get an injunction — let’s say Jeffrey’s wrong and I’m right on this — it would be, obviously, a drawn-out process. And I think what the players are focusing on right now is what is the fastest way to get this resolved.
Kessler: If you look at it from a player’s standpoint, collective bargaining has totally failed. So rather than exercise their labor law rights to futility, they’ve decided to free up all players to exert their antitrust rights to triple damages. And we think — not we, the players — think that is the best protection for NBA players going forward.
How do you go about deciding who the plaintiffs will be?
Kessler: We’re not going to talk about any legal strategies or tactics.
Is there any indication, knowing how the NBA has been bargaining, that this will bring them back [to a more reasonable bargaining position]?
Boies: I have no expectation about that one way or another. I’m involved in this a few hours, OK?
I would hope that, in the face of a disclaiming union, where there’s no hope of collective bargaining, that the owners would reconsider whether, under these circumstances, it makes sense to continue to boycott. But I have no idea what their strategy is.
This is clearly uncharted waters for all involved, to a large extent. but these are the men that will lead the fight from the players’ side going forward. It would be wise to study up on them and their extensive histories in the litigation field.
PROPOSAL REJECTED, ANTITRUST ACTION TO BE FILED
– 2:19 p.m.: In the words of union executive director Billy Hunter, the “collective bargaining process has completely broken down” and the players have refused the league’s latest proposal. They have already begun the process to disband union. But they have not decided to decertify, there is a difference.
The players are filing a disclaimer of interest, an antitrust action against the league within the next two days. In basic terms, they are taking the league to court.
This decision puts the 2011-12 season in jeopardy and obliterates any hopes of the 72-game season that would have begun on Dec. 15 which was in the proposal the players rejected.
Hunter says players were not prepared to accept NBA Commissioner David Stern‘s ultimatum, saying they thought it was “extremely unfair.”
Stay tuned to NBA.com and NBA TV for more details.
MEETINGS OVER, PRESSER IN MINUTES ON NBA TV AND NBA.COM
– 1:47 p.m.: Meetings over!
Brace yourselves folks and tune into NBA TV and live here at NBA.com to see where things stand after the player reps’ review of the current proposal from the league.
… NOT SO FAST MY FRIENDS
– 1:37 p.m: We thought things were wrapping up in New York when we saw some tweets suggesting that the end of the meeting might be at hand.
But Asch informed us it was a false alarm. Someone mistook a break in the action for the end of the meeting. Oh well, back to what you were doing folks.
“I want to answer this diplomatically. The next time we meet to discuss anything, we’ll be discussing the 47 percent proposal. This is it … we’ve been negotiating this for 2½ years. The owners authorized a revised proposal, and they said if it’s not acceptable and they want to keep negotiating, we present them with a 47 percent, flex cap proposal. They know it.”
This was in response to Mahoney’s question Saturday night asking whether or not the league would accept any tweaks for further negotiations.
“If the players are going to make the concessions to address over $300 million a year in a shift in revenue from the players to the owners, the one thing the players should get back is flexibility, freedom, freedom of choice and a more vibrant and free-market system, because it’s a zero-sum game,” Bartelstein said. “Instead, they’re ratcheting down the system in the name of competitive balance, and that’s completely disingenuous.
“A negotiation is supposed to be about making trades,” Bartelstein said. “The biggest part of any negotiation is the dollars. That’s the biggest part of this negotiation. The players are giving the owners the dollars. If the owners are concerned about competitive balance, it can absolutely be handled through revenue sharing. And the myth they’re putting out there that they can’t share losses, there’s no truth to that argument whatsoever. Revenue sharing has nothing to do with sharing profits and losses. It’s about making sure low-revenue teams can have more revenue so they can be more competitive and you can have a better product. That should be done through revenue sharing, not through getting concessions from the players.”
These are scraps we’d rather were not a part of this negotiation, but this is where we are!
SCOLA ROCKS THE VOTE
– 10:37 a.m.: Whatever the player reps decide today, there is no mistaking Luis Scola‘s position on the lockout talks. The Rockets’ big man wants the latest proposal put to a vote of the entire union.
At this point I believe that all the players should vote. not only the 30 reps.
Hard to disagree with him at this point. If nothing else, hearing from the entire union (rank and file, middle class and stars alike) would give us all a much better measure of where they stand on this latest proposal.
– 9:46 a.m.: In addition to the player reps and executive board members in attendance at the meeting in New York today, our very own Steve Aschburner is on the scene with camera (phone) in hand.
Asch spotted Russell Westbrook (red hoodie) and Luc Mbah a Moute heading into the hotel:
The players arrive at the hotel in New York ready to dissect and debate the NBA's latest proposal.
If the players were to vote to accept the terms of the owners’ current proposal, the litany of B-list issues – including contraction, drug testing, Developmental League assignments and draft age eligibility – would still have to be agreed upon.
There’s a growing belief that Stern doesn’t have the ownership support to pass the very proposal he’s been pushing all weekend, and that owners would ultimately kill this deal with the list of non-negotiable B-list issues the players would oppose. This way, the league can say it worked hard to cut a fairer deal with players, but in the end, the owners will get the draconian ‘reset’ proposal that many of them have wanted all along.
“A lot of teams – more all the time – don’t like the deal on the table,” one high-ranking league official said.
That’s going to be an interesting discussion going on in that room this morning. We’re imagining this one turns into a pretty long day for all involved.
If they reject the proposal (read it for yourself in a PDF version of it here) without even taking a vote, as they did the last one, we’re floating into treacherous territory. And honestly, no one wants that.
The player reps need to go over this thing with BluBlockers. They need to study every word, absorb every nuance and then decide what comes next. But they don’t need to go into that room with their minds made up before examining the proposal.
What they do after that is a bit tricky. They could review the proposal and then pass it on to their membership for a full vote, and then we’ll have to await word on that outcome. They could also review it, add their own revisions and then try to send it back to the league (though NBA Commissioner David Stern made it clear over the weekend that he is done negotiating).
Whatever happens, it’s going down today.
And the one nagging thing that’s impossible to shake from our collective psyche here at the hideout is whether or not these men, these proud players, are ready to risk the $4 billion in revenues (and all of the other periphery revenue associated with just one NBA season) for the promise of something better than what is one the table right now?
By any measure, the proposed deal would be a major win for the owners. The players are being asked to take a $280 million pay cut, with shorter contracts, lower raises and tighter restrictions on the top-spending teams. But league officials insist that the deal is not nearly as bad as the rumor mill suggests.
“It’s of grave concern to the league that there is an enormous amount of misinformation concerning our proposal, both on Twitter and in the more traditional media,” Adam Silver, the deputy commissioner, said Saturday night. “We believe that if the players are fully informed as to what is and is not in our proposal, they will agree that its terms are beneficial to them and represent a fair compromise.”
Beck did attempt to add a little more gravity on what’s to come in the new NBA, but this is more conjecture on the part of all involved, since no one is sure that a new collective bargaining agreement can deliver on any of the things this proposal is designed to bring. But union executive director Billy Hunter and union president Derek Fisher are responsible for making very clear to the player reps what is on the table, not what everyone has heard is included.
(Stern used this memo to make that specific point to the players directly.)
The escrow system would assure that owners would be reimbursed for however much they exceed the negotiated amount of basketball-related income allowed to be spent on player salaries.
In the current seven-page proposal, a copy of which was obtained by ESPN The Magazine, the players have a choice of selecting a 50-50 split of BRI or a 49-51 band.
If teams spend more than the allotted percentage, they not only retain the 10 percent of each salary held in escrow, but if that 10 percent doesn’t cover the excess then the additional funds can be deducted from a one percent of BRI dedicated to “post-career player annuity and player benefits.”
If the excess still hasn’t been satisfied, future benefits and escrow funds can be utilized to cover it. In essence, it assures the owners that no matter how much they spend in any one season, they will not have to pay more than the stated percentage.
Another source of contention from the players side, according to sources, are triggers that would implement a hard cap on any non-taxpaying teams that use an exception to sign a player.
Great. More mixed signals. That’s all we need this morning.
And that’s why today, we know you’ve heard this before, ranks as the biggest day of the lockout so far. This could be the day all this madness goes away. Or it could be the day when the real fireworks begin. We’ll know one way or another in a few hours.