Union rejects NBA offer, files disclaimer
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Union rejects NBA offer, files disclaimer
Derek Fisher (above) and the NBA players' union are not willing to compromise on major issues. (John Minchillo/AP)
To follow this saga live, up-to-the-minute, click here: Deep Sixer.
The NBA Player's Association has rejected the NBA's most recent proposal. The union has elected to file a disclaimer and take the NBA to court.
The 2011-12 NBA season is now in serious jeopardy. The union has elected to dissolve and file a lawsuit against the NBA for unfair labor practices. Union president Derek Fisher and chief Billy Hunter said the disclaimer would be filed within a day or two.
Andre Iguodala, Elton Brand, Jason Kapono, Spencer Hawes, and Evan Turner represented the Sixers.
The union and all 30 player representatives from around the league met this morning in New York to review the NBA's latest proposal, which NBA commissioner David Stern said would be the owners' final offer before resetting the proposal back to 47 percent of basketball related income (as opposed to 50-50) and even stricter system regulations. Essentially, Stern and the NBA have said they are done negotiating: this latest proposal was the last, best proposal.
But it wasn't good enough.
The union gathered its members to take them in detail through the proposal. Today's meeting lasted approximately six hours. When the union was finished, the union leadership, surrounded by the attending players, officially announced they'd rejected the proposal and were dissolving the union and fiing a lawsuit for "unfair labor practices." The union has hired anti-trust attorney David Boies, who handled the NFL's case.
To read, in full, the proposal that the players just rejected, USA TODAY has secured a copy. If you click on this link, you can find the link to the 7-page proposal: Latest Proposal. If you'd like an easier to digest version, the NBA uploaded to YouTube this power point presentation: Snapshot of Proposal.
"It was a system under which we felt we couldn't function," explained Fisher.
Fisher also said, "We can't continue today ... this is where it stops for us as a union."
There is an outside chance Stern will come back at the union with an improved offer before the union files the disclaimer, but it's considered unlikely.
Instead of continuing to go back and forth with the NBA owners, the union has hit the nuclear button.
And put the 2011-12 season in jeopardy.
At 2:40 this afternoon, Stern went on ESPN's SportsCenter to react to the union's announcement of disclaiming and filing a lawsuit. Stern did not pull punches in his reaction to what he called a "negotiating tactic."
He called the move "irresponsible" and a "charade." Stern says disclaiming is "unwise" and is "not going to work" and that the union seems "hell bent on self-destruction."
"We're about to go into the nuclear winter of the NBA," Stern said.
--Kate
Each week, Kate will check in from the road and answer fan questions about the Sixers. Click here to ask Kate a question or e-mail her at kfagan@phillynews.com.
Comments (32)
If the players created a new league and Philadelphia had a team in this new league and the team wasn't named the Sixers I'm not so sure how much I'd support it. I can't decide if I'm a Sixer fan or a fan of the players. I have a long-standing sentimental connection to the team and its history and I've watched the team transform over the years slowly as players are drafted and retire etc. Anyway, I'm not gonna start watching hockey and I've never been a huge fan of the college game . . . Maybe I'll just watch "The Fish That Saved Pittsburgh" every night this winter . . .— Leegles- I look forward to watching lots of college basketball this season.— willll
- Kate, you were wrong. Why don't you admit it.— Drew777
- Stern and the NBA are getting exactly what they bargained for and we all lose. Just as Hunter and Fisher have to defer to Davod Boies and other lawyers,Stern should step aside and let a moderate owner and their lawyer take the lead. Thus, personalities will be put aside,reason will prevail and we'll get a season. Litigation will force the owners to disclose a lot more than they would like. Stern: subordinate your ego for the good of the fans and the cities and the league as a whole. Retire. You couldn't get a deal done. You won $280 million a year for ten years,almost $3 billion. You got other concessions. You wanted more,more,more... You failed us.— philsix6
- A reasonable suggestion Phil, however, Billy Hunter must also be included in list of those who should step aside since it's been his influence that has led the players and their reps to believe they have more power than the owners. Let a season or two (or three) slip by and see where everyone stands (or falls). — cb54
- Shut er down!— younged
- I'm going to cry myself to sleep tonight thinking about how I'll miss seeing Spencer Hawes grab both of his offensive rebounds this season.— Iron Giant
- Iron Giant, thank you, that was the best! I miss the NBA so much that I even want to see Hawes play. This sucks.— mjc1
- Owners should grant the players anything they want & only ask for 1 thing in return... No more guaranteed contracts!! That"s right!! You sign a deal & turn into a slug... You get cut!! I am sick of people like Stephan Marbury sitting in a suit behind the bench making Millions a year when they have no game anymore!! It straps franchises it makes the NBA as non-competitive as it is today!!— FetchDixon
- Whatever!...— DJ
Comment removed.- I actually am an NBA fan and a big Doug Collins fan. Been waiting for the Sixers season. But now I have changed my mind.
Quixote - I don't want a season and I want the players to have to take 25% next season. I want them to get crushed. I want them crawling back begging. The NBA players don't live in the real world. They have been pampered their whole lives and need the very cold shower of reality poured on them.
I think they players just think the fans are dying to see them and the owners are going to cave in. The reality is we're going to do just fine without them. They are going to realize they just aren't as important as they think they are. Once they lose the fans they lose everything, because it is the fans that pay their salaries not the owners.— PhillyJimi - I can't disagree with you, cb54. Hunter didn't have nearly as much leverage as he once believed. On the other hand, Stern should have given more when dealing with Kessler and Hunter. Now, he has Boies to face in a deposition and possibly,in court. Stern can still quickly give on a few issues now or lose the season and all of the global good will. The very weak franchises are now toast IMO thanks to Stern. They can't take a lost season.— philsix6
- Why can't the owners take a lost season? If you were losing money now this year you're just not making money. That is a lot better then losing money.
Understand global good will means nothing for the owners or the players. It is all about the fans the fans pay both the owners and the players salaries. Considering the economic situation I think the owner's offer was very close to fair. NBA players are already considered to be spoiled and the public isn't going to be very sympathetic in favor of the NBA players who had (note:past tense) the highest average salary in US pro sports.
I have a feeling the owners might dig in cancel the season and crush the players by offering a deal next year that isn't anything close to the deal they had on the table this year. The lawyers are the only ones that are going to make money.
— PhillyJimi - I hope Kate and move her outstanding basketball knowledge to what promises to be a very interesting college season- mens and womens.If not that, then I hope PNI can use her talents somewhere.— Tired of Journos
- Why shouldn't the players play a season on their own? It wouldn't work for teams that have built their own arenas, but these owners mostly make their host cities put up the land, stadium and access roadways. Why shouldn't those arenas be open for use, regardless of what contracts the team owners have with the stadium owners.
Unlike a conventional union, in sports the players are the machinery, so locking them out can't keep them aweay from the assembly line.— Steve Maloney - Players are so DUMB....Every NBA player would have made MILLION this season....instead they will vote to make ZERO...how dumb is that?— frank105
- I agree with you frank105,they make nothing now.It is not like they grew up in rich families and all they know is a life of wealth.They have become spoiled and under the false belief that their talent is worthy of great sums of money in a realistic sense when it is not.They are are just jocks.They do nothing to further science,medicine,education, or any worthy thing.They are just entertainers who I think are overpaid and overglorified like other entertainers.When I was young I worked for what was offered at certain times.The players have had it to good for to long now.The reality of todays economic climate is catching up to the spoiled brats now.I will not miss the NBA.Most games are not worth watching anyway.Maybe one out of ten games is worth my time to watch the last few seasons.— Andrew Grier
- I agree with you frank105,they make nothing now.It is not like they grew up in rich families and all they know is a life of wealth.They have become spoiled and under the false belief that their talent is worthy of great sums of money in a realistic sense when it is not.They are are just jocks.They do nothing to further science,medicine,education, or any worthy thing.They are just entertainers who I think are overpaid and overglorified like other entertainers.When I was young I worked for what was offered at certain times.The players have had it to good for to long now.The reality of todays economic climate is catching up to the spoiled brats now.I will not miss the NBA.Most games are not worth watching anyway.Maybe one out of ten games is worth my time to watch the last few seasons.— Andrew Grier
- Interesting how so many posters assumed that the players would fold when they started missing paychecks. Oops! Is not happening. Nobody likes ultimatums. Stern and the owners created this mess by greatly overexpanding, thereby markedly diluting the product, by giving the players 57 percent in the last CBA, by giving huge long-term guaranteed contracts to mediocrities, by the Larry Bird rule, by moving the focus away from great team play to star power (thanks as well to ESPN), by pushing referees to coddle star players, by creating a system where the most significant trades are for expiring contracts. Now they want to change everything overnight, primarily to appease the small-market owners. Whether one likes it or not, the NBA needs the big market teams to succeed, particularly for advertising revenue, TV revenue and revenue from all the new technological outlets. There are far too many teams, far too many tedious, meaningless games between lousy teams, particularly with an 82-game season. If Stern really wanted more competitive balance with exploding fan interest and great revenue from regular season games, not just playoffs, he should reduce the NBA to 20 teams, expand the rosters to 15 players, and thereby create far more powerhouse franchises with excellent players at every position and with far more exciting games, even over an 82-game season.— chuckw
- Frank105
I agree! The 50-50 is a good deal for everyone. At some point you have to come to your senses and cut your losses and move on...What a great job/career/etc. How can you throw it away???— jjmac777 - Comment removed.
- Arghh, I'm forgetting the names of the players!— gubbers97
- With the Eagle's season going down the tubes, it would have been nice to see Jrue and Turner developing together this season. I mean you never know. Sad day for NBA fans, and a great day for irrational NBA haters.— wilmington
- I doubt there will be a season. Neither the players or the owners get it. People like me have just gotten so we DON'T CARE.— Mongoterry
- Players think they have a good product.........L O L ! Does anybody out there give a dam if this league goes down!— larryv
- 33% for the owners, 33% for the players, and 34% for the fans. Sounds fair to me.— drog
- On the bright side, 1) I don't have to watch those awful Sixers play, 2) Droopy Dog aka Andre Iguodala won't be getting a salary 3) Many corporations will lose out on opportunities to advertise their worthless products, mainly cars/trucks and beer, and 4) Maybe this will help bring about a much needed NBA contraction of 2-4 teams... NBA.. its FAN-Tastic!— Ashburn072
- I agree drog. They can use the remaining 34% to drop ticket prices.— xing
- I too think the players over played their hand and now will get CRUSHED! Who knows where this is headed, but it looks like no hoops until Nov, 2012 at the earliest. The owners can go on for years without games - while the players will only get one year older and one year poorer!— pzales
- Kate, look for the players to take it to a west coast court to deal with this issue, the western US will be more favorable to the players. If there are no games next year at all then I too will be shocked, but this could be resolved late Janurary - early Feb. I'm still expecting some key people to step down but the worst is really over. Now you won't have the two sides teter totering over issues which was a smoke screen from the begining. both parties would have done better to have turn it over to the courts a long time ago.— rayzoe
- Stern easily had the upper hand and overplayed it. He recovered the so-called $300 million loss through reduction of 57% to 50%. Salaries would have been reduced,there would have been fewer guaranteed salaries,shorter contracts, lower automatic increases etc. We could be playing now. The teams that allegedly lost money could be recovering with the $3 billion + in concessions made by the players. Harris and partners could be building our franchise. But, Stern then pushed for more draconian changes
in the system and directly berated the clients/players even though they had representation.
Gall,arrogance,stridence,overreaching are losing strategies, Mr. Stern. Subordinate your ego. Call Hunter today. Tweak. Go home still way ahead of the players with that deal. Play ball. Retire.— philsix6
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John Mitchell is in his second year covering the 76ers for the Inquirer after joining the paper in November 2011. He covered the Washington Wizards for the Washington Times from 1998 to 2008. He's also worked at the Philadelphia Tribune, the Wilmington News Journal, Courier-Post, Trenton Times and Elmira Star-Gazette.Born and raised in West Philadelphia - not too far from Will Smith - he graduated from Overbrook High School the same year the 76ers won their last championship. He's a proud graduate of Howard University and the proud father of two sons, Jared and Jordan.
ABOUT MARC NARDUCCI
Marc Narducci has served in a variety of roles with the Inquirer since beginning in 1983. He has covered the 76ers as a backup and a beat writer. In addition, Narducci has covered everything from the Super Bowl to the World Series and a lot in between. Narducci also has a true passion for South Jersey scholastic sports, which he has covered for many years.
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