NBA Economics 101: NBPA files Disclaimer of Interest, dissolves union.
So much going on today, I haven’t really had time to catch up myself let alone blog about it. Don’t have time to offer too much of my own views but here’s a run down of what’s going on written by some of the best NBA writers on the planet.
The gist of today’s news is that the player’ union (NBPA) has decided to file a disclaimer as opposed to decertify outright. Gabriel Feldman on Huffington Post with an excellent breakdown of what the differences are, how it impacts the process and why they both ultimately mean the same thing. You should follow him on twitter (@SportsLawGuy) until this lockout ends, he’s got all the info you will need.
What is decertification? Disclaimer of interest?
Decertification occurs when employees formally revoke the authority of their union to engage in collective bargaining on their behalf. Disclaimer of interest occurs when the union formally terminates its right to represent the players. Both procedures effectively dissolve the union and permit the employees to negotiate as individuals.
in my mind, dissolving the union and suing the NBA for anti-trust practices was going to happen if the owners, not the players, didn’t settle at some point. Even when the players agreed to come down to a 50/50 BRI split, the owners wanted to take more out of the system changes. You push to hard and one will eventually snap. And that’s what the NBPA did. Only strange event is that not all the members of the NBPA were polled on their opinion on the matter. Odd.
This in no way means the season is lost. In 1999, they kept negotiating until early January and they still salvaged a 50-game season. Zach Lowe on SI.com has more thoughts on this.
So, where do we go from here? The season, the NBA and the collective bargaining agreement are now in the hands of lawyers. ESPN’s True Hoop introduces us to them.
And Salary Cap and CBA expert Larry Coon tells us where we go from here:
By dissolving their union, the players theoretically shift the venue of the dispute from labor law to antitrust law. A lockout, which is legal under labor law, could be deemed an illegal group boycott under antitrust law. Hunter indicated that the players would seek a summary judgment (a determination made by the court without a full trial), asking the court to bring the lockout to a quick end.
The players are also being careful to avoid following in the footsteps of the NFL players, whose union also disclaimed interest. The NFL players (with Tom Brady as one of the named plaintiffs) sought an injunction — a remedy in the form of a court order — ending the lockout. However, a lower court ruled that a law known as the Norris-LaGuardia Act prohibits injunctions in labor disputes. Instead, according to Hunter, the players chose to seek a summary judgment.
A possible timeline of events is as follows:
• The players’ lawsuit will be filed this week.
• The owners will formally respond and address the players’ complaints in early December.
• If the players sue outside of New York, then the first battle will be over the venue of the lawsuit.
• Once the venue is determined, the stage is set for the initial skirmishes over discovery and the like. If the players follow through on their summary judgment strategy, it would happen at this time.
This could happen as early as January or February if the case is filed in New York, or somewhat later if the venue battle causes a delay.
Personally, I’m proud of the players for putting principles ahead of paychecks. A lot of the players have a lot to lose if the season is cancelled. Not just money, but a year of their playing prime. Players like Kobe, Duncan, Garnett and union president, Fisher have limited time to make money and win rings and they are putting it all on the line to help those that come after them.
Somewhere, Bill Russell is smiling.











