Tuesday, August 2, 2011

NBA Files Lawsuit Against Players and File Unfair Labor Charge

by Kevin L. Davis (@EsquireSports)

Remember how I said the meeting yesterday had to be seen as good news?  Scratch that.  The owners and David Stern have now filed a lawsuit against the players as well as filing a charge with the National Labor Relations Board against the Players accusing them of unfair labor practices, specifically for failing to bargain "in good faith" and of "impermissible pressure tactics" in labor talks.

From the information that has been made available to the general public, it seems the league has little chance of success with either of these proceeedings.  Why do I say that?  

First off you must as I'm sure many of you remember, these negotiations didn't take the turn into the current bitterness until David Stern famously told the Players that he knows where “the bodies are buried” in the NBA....because he had buried some of them himself.  Sounds to me that Stern and not the Players started that.

Also you must remember why the league is currently locked out.  The Players had no problem with the old CBA, and would still choose to play under it if given the option.  We're only in lock out mode now because the Owners opted out of the deal and chose to impose that course of action.

I believe the Owners understand that there is a very small likelihood of winning these suits, but are only doing this to try to prevent the NBPA from filing an anti-trust suit against the NBA with the threat of voiding out the Player's contracts if they do pursue a suit.

So as I said, the chance of success for these suits seems low, but they do signal just how far apart the Players and Owners are.  Bad sign.

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