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	<title>Comments on: Why the NBPA Is Playing Against a Stacked Deck</title>
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		<title>By: Brian Cronin (@Brian_Cronin)</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346878</link>
		<dc:creator>Brian Cronin (@Brian_Cronin)</dc:creator>
		<pubDate>Sun, 16 Oct 2011 06:23:13 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346878</guid>
		<description><![CDATA[Yeah, and that&#039;s the rub, right? 

What the players are asking for is closer to a &quot;fair&quot; deal and yet the owners are doing a fine job painting the players as the unreasonable ones.]]></description>
		<content:encoded><![CDATA[<p>Yeah, and that&#8217;s the rub, right? </p>
<p>What the players are asking for is closer to a &#8220;fair&#8221; deal and yet the owners are doing a fine job painting the players as the unreasonable ones.</p>
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		<title>By: rooster_douglas</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346876</link>
		<dc:creator>rooster_douglas</dc:creator>
		<pubDate>Sat, 15 Oct 2011 09:11:28 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346876</guid>
		<description><![CDATA[@ 10 highly, highly unlikely IMO. The main advantages to voluntary binding arbitration are that it is quick (compared with litigation or negotiation) and that it is cheap. It is hard to see the NBA owners, given their leverage and general attitude, taking the decision out of their own hands and letting a third party decide the outcome of the next 6-10 years of &quot;their&quot; league for either of these reasons, especially with how well the NBA is playing the PR game. Anything more than a cursory look at the dispute and the NBA&#039;s demands don&#039;t seem so reasonable. Further, the NBA would have to reveal most, if not all, of the financials they have been hiding.]]></description>
		<content:encoded><![CDATA[<p>@ 10 highly, highly unlikely IMO. The main advantages to voluntary binding arbitration are that it is quick (compared with litigation or negotiation) and that it is cheap. It is hard to see the NBA owners, given their leverage and general attitude, taking the decision out of their own hands and letting a third party decide the outcome of the next 6-10 years of &#8220;their&#8221; league for either of these reasons, especially with how well the NBA is playing the PR game. Anything more than a cursory look at the dispute and the NBA&#8217;s demands don&#8217;t seem so reasonable. Further, the NBA would have to reveal most, if not all, of the financials they have been hiding.</p>
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		<title>By: AlbanyKnicks</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346871</link>
		<dc:creator>AlbanyKnicks</dc:creator>
		<pubDate>Fri, 14 Oct 2011 23:19:52 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346871</guid>
		<description><![CDATA[How about binding arbitration?]]></description>
		<content:encoded><![CDATA[<p>How about binding arbitration?</p>
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		<title>By: rooster_douglas</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346866</link>
		<dc:creator>rooster_douglas</dc:creator>
		<pubDate>Fri, 14 Oct 2011 07:43:19 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346866</guid>
		<description><![CDATA[And @4 the nba hasn&#039;t committed any ULPs so the NBAPA won&#039;t be getting any payments for lost wages. Not even close. The NBA could even take this a step farther and legally hire replacement players with impunity.

And finally, decertification is not exclusively beneficial to the union. The second that the players decertify, the NBA can begin negotiating with individual NBA players, not just for the right to hire them to play but also for their merchandise and licensing rights. It is definitely a nuclear option; it would shake things up for sure, but it is definitively unclear which side would benefit more.]]></description>
		<content:encoded><![CDATA[<p>And @4 the nba hasn&#8217;t committed any ULPs so the NBAPA won&#8217;t be getting any payments for lost wages. Not even close. The NBA could even take this a step farther and legally hire replacement players with impunity.</p>
<p>And finally, decertification is not exclusively beneficial to the union. The second that the players decertify, the NBA can begin negotiating with individual NBA players, not just for the right to hire them to play but also for their merchandise and licensing rights. It is definitely a nuclear option; it would shake things up for sure, but it is definitively unclear which side would benefit more.</p>
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		<title>By: rooster_douglas</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346865</link>
		<dc:creator>rooster_douglas</dc:creator>
		<pubDate>Fri, 14 Oct 2011 07:27:38 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346865</guid>
		<description><![CDATA[@3 not releasing detailed financial statements is not a ULP. Bargaining &quot;in bad faith,&quot; i.e. not bargaining in good faith, is almost impossible to prove. Legally, two sides can &quot;bargain&quot; for eternity, with neither side conceding a single issue, and still be negotiating in good faith. You literally have to be brainless to in order to commit a ULP by not negotiating in good faith. Outside of explicitly stating you will not negotiate over a mandatory bargaining subject, it is literally impossible to not bargain in good faith. A party can take what they&#039;ve already offered and tell the other party circumstances have changed and offer them LESS and exceed their duty to bargain in good faith. Filing a ULP with the NLRB is exclusively a stalling mechanism for both sides. They never, ever are upheld, except in the most egregious of circumstances, and in the rare cases they are, nothing meaningful happens. Also, if the union decertified, they would lose their right to file a ULP in the first place, unless the NBA acted to thwart the players; attempt to unionize, or something similar. At this point in time, the NBA has a much stronger case for filing a ULP against the players than vice versa (based on their implicit threat to decertify if their demands are not met).

The threat of decertification is real because it would force the NBA to negotiate with the players individually, rather than collectively, and it would threaten their antitrust exemption, but the NBA could delay this with litigation for at least 2-3 years, minimum.]]></description>
		<content:encoded><![CDATA[<p>@3 not releasing detailed financial statements is not a ULP. Bargaining &#8220;in bad faith,&#8221; i.e. not bargaining in good faith, is almost impossible to prove. Legally, two sides can &#8220;bargain&#8221; for eternity, with neither side conceding a single issue, and still be negotiating in good faith. You literally have to be brainless to in order to commit a ULP by not negotiating in good faith. Outside of explicitly stating you will not negotiate over a mandatory bargaining subject, it is literally impossible to not bargain in good faith. A party can take what they&#8217;ve already offered and tell the other party circumstances have changed and offer them LESS and exceed their duty to bargain in good faith. Filing a ULP with the NLRB is exclusively a stalling mechanism for both sides. They never, ever are upheld, except in the most egregious of circumstances, and in the rare cases they are, nothing meaningful happens. Also, if the union decertified, they would lose their right to file a ULP in the first place, unless the NBA acted to thwart the players; attempt to unionize, or something similar. At this point in time, the NBA has a much stronger case for filing a ULP against the players than vice versa (based on their implicit threat to decertify if their demands are not met).</p>
<p>The threat of decertification is real because it would force the NBA to negotiate with the players individually, rather than collectively, and it would threaten their antitrust exemption, but the NBA could delay this with litigation for at least 2-3 years, minimum.</p>
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		<title>By: iserp</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346830</link>
		<dc:creator>iserp</dc:creator>
		<pubDate>Thu, 13 Oct 2011 13:17:45 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346830</guid>
		<description><![CDATA[http://espn.go.com/new-york/nba/story/_/id/7088249/amare-stoudemire-new-york-knicks-says-players-talked-starting-own-league

This levels the field. If the top tier stars decide they are being pushed too far by greedy owners, they just can decide to start their own league. They would probably lose money, but so are the owners of the profitable teams by locking the season. A 8 / 12 league team with the top stars would attract lots of attention and TV interest; and the owners would face that they are killing the golden goose. At this point, it is more about pride than about money, since all the quantities disputed are pocket cash in the hands of millionaires (billionaires).]]></description>
		<content:encoded><![CDATA[<p><a href="http://espn.go.com/new-york/nba/story/_/id/7088249/amare-stoudemire-new-york-knicks-says-players-talked-starting-own-league" rel="nofollow">http://espn.go.com/new-york/nba/story/_/id/7088249/amare-stoudemire-new-york-knicks-says-players-talked-starting-own-league</a></p>
<p>This levels the field. If the top tier stars decide they are being pushed too far by greedy owners, they just can decide to start their own league. They would probably lose money, but so are the owners of the profitable teams by locking the season. A 8 / 12 league team with the top stars would attract lots of attention and TV interest; and the owners would face that they are killing the golden goose. At this point, it is more about pride than about money, since all the quantities disputed are pocket cash in the hands of millionaires (billionaires).</p>
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		<title>By: taggart4800</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346829</link>
		<dc:creator>taggart4800</dc:creator>
		<pubDate>Thu, 13 Oct 2011 12:50:11 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346829</guid>
		<description><![CDATA[I have always questioned Sterns stance in all this. he has put an awful lot of work into cultivating the league and I can&#039;t begin to believe he would be happy throwing this away by losing a season. I understand that he is technically an owner now but I am not sure his heart is in these negotiations. Maybe I am very wrong.

Secondly I always thought the league were playing a dangerous game when they were pushing so hard that the agents got involved. Negotiating with sportsmen is one thing but negotiating with fellow business men is a totally different ball game, especially when they possess a nuclear option such as desertification.]]></description>
		<content:encoded><![CDATA[<p>I have always questioned Sterns stance in all this. he has put an awful lot of work into cultivating the league and I can&#8217;t begin to believe he would be happy throwing this away by losing a season. I understand that he is technically an owner now but I am not sure his heart is in these negotiations. Maybe I am very wrong.</p>
<p>Secondly I always thought the league were playing a dangerous game when they were pushing so hard that the agents got involved. Negotiating with sportsmen is one thing but negotiating with fellow business men is a totally different ball game, especially when they possess a nuclear option such as desertification.</p>
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		<title>By: Jim Cavan (@JPCavan)</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346827</link>
		<dc:creator>Jim Cavan (@JPCavan)</dc:creator>
		<pubDate>Wed, 12 Oct 2011 20:14:57 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346827</guid>
		<description><![CDATA[&lt;blockquote cite=&quot;comment-346826&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-346826&quot; rel=&quot;nofollow&quot;&gt;latke&lt;/a&gt;&lt;/strong&gt;: Billy Hunter refuses to even threaten decertification. My guess is that’s because were the union to decertify, he wouldn’t have a job anymore.&lt;/blockquote&gt;

More than likely. Problem is the only critical mass you have on this front is from the agents, who aren&#039;t exactly going to be win any PR battle themselves.]]></description>
		<content:encoded><![CDATA[<blockquote cite="comment-346826">
<p><strong><a href="#comment-346826" rel="nofollow">latke</a></strong>: Billy Hunter refuses to even threaten decertification. My guess is that’s because were the union to decertify, he wouldn’t have a job anymore.</p></blockquote>
<p>More than likely. Problem is the only critical mass you have on this front is from the agents, who aren&#8217;t exactly going to be win any PR battle themselves.</p>
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		<title>By: latke</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346826</link>
		<dc:creator>latke</dc:creator>
		<pubDate>Wed, 12 Oct 2011 19:59:51 +0000</pubDate>
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		<description><![CDATA[Yeah, it&#039;s true that for the entire situation to be resolved through litigation would take a long time. However, as has been pointed out (no time to find the link right now), players could sue owners for lost wages due to their unfair practices, so in the long run there&#039;s a possibility that players wouldn&#039;t lose any salary at all, although it would take them a while to receive it.

I see decertification kind of like the NBPA&#039;s version of a doomsday device ala Dr. Strangelove. If you have it and you speak convincingly of your willingness to use it, in spite of hte fact that it will cost everyone big time, it is an excellent deterrent and would keep the owners from acting as though they could walk all over the players. Billy Hunter refuses to even threaten decertification. My guess is that&#039;s because were the union to decertify, he wouldn&#039;t have a job anymore.]]></description>
		<content:encoded><![CDATA[<p>Yeah, it&#8217;s true that for the entire situation to be resolved through litigation would take a long time. However, as has been pointed out (no time to find the link right now), players could sue owners for lost wages due to their unfair practices, so in the long run there&#8217;s a possibility that players wouldn&#8217;t lose any salary at all, although it would take them a while to receive it.</p>
<p>I see decertification kind of like the NBPA&#8217;s version of a doomsday device ala Dr. Strangelove. If you have it and you speak convincingly of your willingness to use it, in spite of hte fact that it will cost everyone big time, it is an excellent deterrent and would keep the owners from acting as though they could walk all over the players. Billy Hunter refuses to even threaten decertification. My guess is that&#8217;s because were the union to decertify, he wouldn&#8217;t have a job anymore.</p>
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		<title>By: Jim Cavan (@JPCavan)</title>
		<link>http://KnickerBlogger.Net/why-the-nbpa-is-playing-against-a-stacked-deck/#comment-346825</link>
		<dc:creator>Jim Cavan (@JPCavan)</dc:creator>
		<pubDate>Wed, 12 Oct 2011 19:52:12 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=8380#comment-346825</guid>
		<description><![CDATA[To continue:

Unfortunately, I think decertification is a legitimate option at this point. Now I haven&#039;t read too much into what exactly qualifies as unfair labor practices in the eyes of the NRLB, but you&#039;d have to think at least some of the league&#039;s behavior -- not releasing more detailed financials, bargaining in bad faith, etc. -- might warrant action. 

Obviously, although that might result in a long-term fix for the players (and arguably the league as a whole), the months-long litigation process would likely end up eliminating the entire season.]]></description>
		<content:encoded><![CDATA[<p>To continue:</p>
<p>Unfortunately, I think decertification is a legitimate option at this point. Now I haven&#8217;t read too much into what exactly qualifies as unfair labor practices in the eyes of the NRLB, but you&#8217;d have to think at least some of the league&#8217;s behavior &#8212; not releasing more detailed financials, bargaining in bad faith, etc. &#8212; might warrant action. </p>
<p>Obviously, although that might result in a long-term fix for the players (and arguably the league as a whole), the months-long litigation process would likely end up eliminating the entire season.</p>
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