No-no-no: David Stern Channels his Inner "Mutombo" to Preemptively Block NBPA

On Tuesday, Commissioner Stern ran up the "court" where he grabbed the first "Board"; National Labor Relations Board to be exact, to "block" the National Basketball Players Association (NBPA) from de-certifying as a Union. But enough for the flagrant foul worthy puns and onto what's going on in NBA Lockout Land. Stern decided to brush off his litigious rust that he fostered early on as the youngest Partner at Proskauer Rose, a white shoe law firm that has a significant sports law practice group, and preemptively strike and prevent the NBPA from decertifying. It seems as Stern learned from NFL Commissioner's Roger Goodell's cautious attitude toward the NFLPA decertification and wanted to stop it before it started. Goodell probably had a good understanding that it would take decertification in order to get the players back to the table. Goodell was rightfully optimistic that a deal would get done before risking any missed regular seasons games. You see, unlike the NBA, all of the NFL Franchises have been profitable. The lockout was just a way to reorganize how profitable the NFL could be and put the owners in a place where they could maximize profits for the longterm (i.e. 10 year deal.) In comparison, the NBA is not in great shape. Many teams have been taking losses the last few year to a point where almost half of the teams requested a credit extension from the League. That is not a good situation to be in when facing possible anti-trust litigation. Where as the NFL tweaked their salary cap structure, it seems that NBA Owners want to completely blow up their soft cap and start over again. This would be no easy fix in anti-trust violation settlement discussions. David Stern knew this and decided to nip it in the bud.

Players Stuff the Rush

Just as I imagined, NFL players are not moving so fast on a vote on the NFL Owner's ratified agreement, with many stating that the owners may have tried to sneak in some non-agreed to terms. Also, as I mentioned, the players are not so quick to recertify their union and they are not happy that the Owner ratified agreement would interfere with their decision to reform as a union. NFL Network Reporter Albert Breer Tweeted:

Just filed a story on a second email from NFLPA to player reps, breaking down issues with deal and, in particular, recertification timeline. Email says NFL's rough timeline violates fed labor law: "Those laws prohibit employers from coercing their employees into forming a union."

The players may not be unfounded with this claim, as Section 7 of the National Labor Relations Act provides that “[e]mployees shall have the right to self-organization, . . . to bargain collectively through representatives of their own choosing, . . . and shall also have the right to refrain from any or all of such activities..." The players may be able to make a successful claim that the deadline to re-certify violates Section 7 of the NLRA.

More to come...