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If the courts end the lockout, who determines the CBA terms?
Posted: Tue Nov 15, 2011 5:36 pm
by casrol
If players win the antitrust lawsuit, and the courts order the end to the lockout, who determines all of the terms of the CBA? Do the courts do?
Re: If the courts end the lockout, who determines the CBA te
Posted: Tue Nov 15, 2011 7:15 pm
by killbuckner
The NBA would. They could pretty much put any rules in place that they wanted to including their reset proposal. And the palyers would be unable to go on strike at that point- they would have to individually choose whether to accept the terms or not. And pretty much every single player would accept the terms of the new deal and go back to work. But what would then happen is that the plaeyrs would start new lawsuits challenging any rules that they considered to be illegal under antitrust law. So the owners could try and put in a hard cap but that would almost certainly be considered an unreasonable restraint on trade and the owners would have to pay triple damages on any money they saved if it were found to be illegal at trial. So the owners would have to be very careful about what rules they did choose to put in place.
Re: If the courts end the lockout, who determines the CBA te
Posted: Fri Nov 25, 2011 3:16 pm
by Frosty
There would be no CBA without a union.
The league can't impose most of the rules they want under a CBA if there is no CBA.