Posts Tagged ‘Ron Klempner’

LeBron James’ Latest MVP: Most Vocal

 

Any doubts that this is LeBron James‘ NBA and the other players currently are just participating in it should have been shelved last weekend. No, not by what the reigning Most Valuable Player and runaway favorite again for the 2012-13 award (sorry, Charles) did in the All-Star Game on Sunday, though his 19 points, five assists and three 3-pointers in 30 minutes weren’t shabby.

James made his greater impact the day before, when he led the discussion – some have referred to it as part interrogation, part rallying cry – of fellow union members at which National Basketball Players Association Billy Hunter was relieved of his duties.

Insiders marveled immediately at how forceful both the Miami Heat supertar and Brooklyn Nets veteran Jerry Stackhouse were, among the 35-40 players in the hotel meeting room, in vetting the recent investigation into Hunter’s nepotism and conflicts of interest and in moving the group toward a cleaner, more player-driven organization.

The vote of team player reps to oust Hunter was unanimous, 24-0 (not all teams were represented). The reconfigured executive committee, several of whom stood behind union president Derek Fisher when the outcome was announced, featured a handful of new members (including Stackhouse) along with some holdovers.

But it wouldn’t have gotten to that point in the span of a couple of hours, if not for James and Stackhouse challenging the business audit conducted by law firm Paul, Weiss, then challenging their peers to take the union back.

The New York Times quoted one person in the room as saying, “It was spectacular.”

“It’s a misperception that we try to fight, that this was the first meeting LeBron has attended or this was the first time LeBron said something,” said Miami teammate James Jones, the NBPA’s secretary-treasurer. “LeBron’s always talking about how we can improve our game and the issues surrounding our game. Because he’s one of this league’s brightest faces and brightest stars.”

Star power matters in situations like this, not just when national media is focused on a lockout and collective-bargaining talks. James and other big names such as Dwyane Wade, Kevin Garnett and Paul Pierce made their presence in Manhattan known in the fall of 2011, when the NBA was shut down and sliced from 82 games to 66 in 2011-12 before an agreement was reached.

But dealing with internal strife matters, too, as does the reorganization and the strides that can be made during times of labor peace. It’s not just for the 10th or 12th men on NBA rosters (Chris Paul was the only perennial All-Star on the exec committee.)

“I want to be educated,” James told NBA.com late Thursday night, after the Heat’s drubbing of the Bulls in Chicago. “Not only so I’m educated individually but so I can relate to my teammates and my teammates can relate it to their friends in the league. So we all can be more knowledgeable about it and not be caught off guard – that’s what happened. Everybody asks about [the Hunter crisis] and when you don’t have an answer, that doesn’t look good.”

If others were impressed with him, James said he was impressed with Stackhouse, 38 and 18 years into an NBA career that might not continue beyond this spring. The Nets swingman wasn’t just vocal – he accepted a VP spot on the union board. Stackhouse also was working the visitors dressing room at Barclays Center Friday, along with NBPA attorney Ron Klempner, talking with members of the Houston Rockets.

“That shows a lot,” James said of Stackhouse’s commitment. “He’s almost finished with his career and it’s not about him. It’s about the collective.”

Fisher and the other players took no questions from reporters last week after reading a statement of less than three minutes announcing Hunter’s dismissal. But Jones said the 8-0 vote against Fisher last spring, seeking his resignation, was set aside at the meeting when the case against Hunter was made clear to those players in attendance. “What happened in the past is in the past,” Jones said. “Derek is our president and we’re all behind him.”

The Heat reserve also said that it wasn’t true that most NBA players are ignorant of or disinterested in union business until trouble looms. “It’s not like we’re trying to keep 20,000 members involved,” Jones said. “We’ve got about 450 . It’s a misconception that they’re not involved.”

Still, many critics have cited Fisher and others for allowing Hunter’s questionable decisions – hiring family members, directing NBPA investments, paying certain improper expenses and the limited oversight of his contract extension – to occur on their watch. Even Fisher said after the meeting, “Going forward, we’ll no longer be divided, misled, misinformed. This is our union and we’re taking it back.”

That, James said, was his motivation last weekend.

Hunter, 70, is expected to mount a legal challenge, pending the results of criminal investigations into the matter. Or he may simply seek a settlement of the $10.5 million he says is still owed to him. The union might turn to an executive search firm to find a replacement for Hunter, unless Klempner seeks the position permanently and is a consensus choice.

“We haven’t got to that point yet,” James said. “We cleaned our house with the firing of Billy, releasing him. Right now we are getting things in order. But we are not going to take a step back. We’re going to push forward and make sure we have more of an emphasis on the players.

“We feel like that’s something that should be done – the players’ voices mean something. In the past, it wasn’t the players that we heard so much.”

And there’s no better time, with relative labor peace until at least 2017.

“Yeah, that’s why you get started now,” James said. “So at least you have a plan by the time it’s time to talk again.”

Has Time Run Out On Embattled Hunter?

HANG TIME SOUTHWEST – Time appears to be running out on Billy Hunter.

The National Basketball Players Association has accused their executive director of the greatest sin — forgetting his lone task to serve the best interests of membership. On Friday, the NBA Executive Committee put Hunter on indefinite leave of absence.

That decision was announced in a news release in which NBPA president Derek Fisher said that “immediate change is necessary.”

Hunter has been embroiled in controversy since the end of the lockout. But the heat’s been raised in particular over the last couple weeks since an independent law firm’s unsavory findings raised a number of ethical issues, including whether Hunter’s multi-million-dollar contract did not have proper approval from the players representatives, and widespread nepotism.

In the last few weeks, Hunter has scrambled to save his job, including firing family members that he hired to work for the union.

Ron Klempner, currently serving as NBPA Deputy General Counsel, will be appointed Acting Executive Director until further decisions can be made. The executive committee has formed two new committees, the Interim Executive Committee and Advisory Committee, to move the organization forward.

Fisher released this statement:

Unfortunately, it appears that Union management has lost sight of the NBPA’s only task, to serve the best interests of their membership.  This is the reason I called for a review almost a year ago.  The findings of that review confirm this unfortunate truth and we must now move forward as Players.  Immediate change is necessary and I, along with the Committee Members, are committed to driving the process as difficult as it may be.  We ask for the cooperation, trust and patience of the Players, their representatives and some of our hard working NBPA staff as we navigate through this situation.  But rest assured that our goal is to do what is right for the Players and we will emerge stronger than before.

The eight-month review by the firm Paul, Weiss, Rifkind, Wharton & Garrison LLP urged players to consider whether they want to keep Hunter as the union’s executive director when they meet in two weeks in Houston during the All-Star break.

By putting Hunter on a leave of absence now, he will be unable to address the NBPA membership when it gathers in Houston.

The report found no evidence of illegal use of union funds, but it did reveal that Hunter withheld knowledge that his contract was never properly approved by player representatives, that he used poor judgment with his hiring practices to award jobs to family members and that he spent improperly on travel and gifts.

Hunter, 70, took over the top position with the NBPA in 1996.

In as little as two weeks from now, he could be out, which certainly seems to be the direction this is headed.

At that point, what would be next for Hunter? Could he face jail time in the wake of ongoing criminal and civil investigations by the U.S. Department of Labor and U.S. Attorney’s Office for the Southern District of New York?

Again, the independent law firm review suggested Hunter did nothing illegal, but stated: “No matter the explanation, when viewed collectively, his choices created the appearance that he operated the union in part for the benefit of his family and friends. The appearance of favoritism has damaged the union. Mr. Hunter’s pattern of involving friends and family in union business contributed to a deep rift among the NBPA staff.”

The report found:

  • Hunter hired his daughter and nephew, permitted a daughter-in-law to remain on staff, and spent more than $80,000 of union funds to evaluate an investment in a banking firm that employed his son
  • Hunter also spent more than $100,000 of union funds to purchase gifts for executive committee members, including a $22,000 watch for Fisher in June 2010, and that he made “questionable choices” when charging travel expenses to the NBPA

At the very least, it appears Hunter will be looking for a new job and the NBPA will have a new person in charge down the road when the next round of collective bargaining agreement negotiations heat up.

We Have (The Makings Of) A Deal!

– For labor updates, follow: @daldridgetnt | @AschNBA

NBA.com’s Labor Central

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.

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Labor Talks: Our Own Black Friday

– For labor updates, follow: @daldridgetnt | @AschNBA

HANG TIME HEADQUARTERS – The biggest shopping day of the year holds new meaning for those of us that choose to sit out this annual stampede on discounts across the country.

This is Black Friday in the NBA as well, the day the owners and players get back to the task of trying to save the 2011-12 season and finally end the lockout in time for us to celebrate with some games on Christmas.

We appreciate the way both sides have gone about their business this time around, quietly resuming talks instead of using the cameras to send their messages back and forth.

Of course, the tenor changes today with union president Derek Fisher reportedly joining the fray in New York with the clock ticking on the aforementioned Christmas Day start to a 66-game regular season, per Adrian Wojnarowski of Yahoo! Sports:

After deliberating for 24 hours, Players Association president Derek Fisher flew to New York on Thursday night to prepare for Friday’s labor settlement meeting with the NBA, a league source told Yahoo! Sports.

His appearance in this week’s negotiations – along with that of several other key Players Association officials – figures to run the risk of validating the league’s charges that the disbanding of the union was a “sham” negotiating tactic. Nevertheless, the belief that the end of the five-month lockout is within reach this weekend inspired Fisher to make the risky move to join the talks.

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In The Aftermath Of Doomsday …

HANG TIME HEADQUARTERS – The frayed emotions and exhausted looks on the faces of basketball lovers worldwide should be impossible to hide this morning.

Now that the doomsday fears have been realized, and the first two weeks of the NBA’s regular season have been canceled, we’re all left with the uneasy feeling of what faces the chopping block next as the lockout digs deeper into the fall.

We can dispense with all of the pleasantries now and get down to brass tacks. Forget about when the season starts. Most fans are wondering this morning if there will be a season. The unthinkable a few weeks ago has become our new reality …

Something To Salvage?

Ian Thomsen of Sports Illustrated: Can the season be saved? The answer is yes, so long as the NBA owners are willing to negotiate into January, as they did to resolve their previous lockout in 1999.

Understand that two weeks of NBA games have been wiped away, and that more cancellations are to come. Nothing important is likely to change over the next two weeks that will enable basketball to be played in late November or early December.

On and on it will go, with both sides looking back to the salvation of the ’99 lockout. That resolution a dozen years ago may have influenced these extended talks that failed Monday night in New York. As much anxiety as both sides were feeling to reach an agreement this week, they weren’t experiencing the ultimate pressure that will be felt later this winter when the entire season is at risk. “The problem,” said a former league official who was involved in the negotiations that shortened the 1998-99 season to 50 games, “is that people tend to look at early January as the drop-dead date.”

He was worrying that the absolute final offer from either side may not emerge for another 12 weeks. Not until the final days of this calendar year will the owners fully understand the consequences of losing a full season during a recession, while more than 400 players find themselves confronted with the likelihood of a full year without an NBA paycheck.

In many ways these entire negotiations have gone according to form. It is not the formula anyone would have desired, but it has been entirely predictable. The owners lock out the players July 1, with little negotiating done for most of July and August, followed by sudden urgency to make a deal that can save the full season.

Lost Games Part Of The Plan?

Ken Berger of CBSSports.com: On the sidewalk out on 63rd Street, sirens wailing and knucklehead cameramen jostling for position and cursing each other, here was Billy Hunter living in his own movie. Regular-season games lost on his watch, and on David Stern‘s, just as they’d discussed two years ago.

“It goes back to a comment that David said to me several years ago, when he said this is what my owners have to have,” Hunter said Monday night, after the first two weeks of the 2011-12 NBA regular season were canceled. “And I said, ‘Well, the only way you’re going to get that is, you prepare to lock us out for a year or two.’ And he’s indicated to me that they’re willing to do it. So my belief and contention is that everything that he’s done has demonstrated that he’s following that script.”

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Labor Talks: In the Midnight Hour

HANG TIME HEADQUARTERS – Perhaps “no comment,” officially, is the best thing anyone could say at this late stage of the NBA lockout.

After more than five hours of closed-door negotiations in New York Sunday night, the two sides agreed to stay quiet about what was said and resume negotiations Monday at 2 p.m. ET.

“We don’t have any comment at all, other than we are breaking for the night and reconvening tomorrow afternoon,” NBA Commissioner David Stern told reporters after emerging from the meeting, which was scrapped as of late Friday night only to be revived over the weekend.

The continuation of talk is better than the alternative. Stern issued a Monday deadline for a new labor agreement to be reached before the first two weeks of the regular season were canceled. Union executive director Billy Hunter was scheduled to fly to Los Angeles this morning for a previously scheduled regional meeting with players, but will instead be back in the meeting room alongside union president Derek Fisher and the rest of their negotiating team.

“We’re not necessarily any closer than we were [going into] tonight,” Fisher told reporters when he hit the New York sidewalk shortly before midnight.

Stern, Deputy Commissioner Adam Silver, owners Peter Holt of San Antonio and Glen Taylor of Minnesota, and senior vice president and deputy general counsel Dan Rube met with Hunter, Fisher and union vice president Mo Evans. Attorneys Jeffrey Kessler and Ron Klempner were also present.

Getting all of them in a room together just two days after both sides agreed that they would not meet without the precondition that the players accept a 50-50 split of BRI was a victory in itself. The introduction of the 50-50 split is what shut down talks Tuesday, when the players rejected the notion outright. According to Sports Illustrated‘s Chris Mannix the subject was not discussed at all during Sunday’s session, which focused solely on … .

We won’t find out exactly where things stand until someone speaks about it in-depth, and preferably on the record. (Both sides agreed not to do so, according to Ken Berger of CBSSports.com.) But the clock continues to tick on Stern’s deadline.

The regular season is scheduled to begin Nov. 1 …