How would decertification change players options?

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d-train
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How would decertification change players options? 

Post#1 » by d-train » Wed Aug 10, 2011 6:12 pm

If the NBPA decertifies and the owners continue their lockout, what are the player’s options without the existence of a union and collective bargaining?

I say the answer is a case-by-case decision depending on whether the NBA team is honoring its contractual obligation to the player. As an example, if Lakers stop sending Kobe his paycheck, Kobe has a potential default of contract lawsuit against the Lakers, and Kobe has a duty to mitigate damages. Kobe has a duty to remarket his skills for the best price he can obtain. Naturally, the best way for Kobe to get top dollar for his services is to offer bidders a long-term commitment.

So, what happens if the NBPA decertifies, Kobe signs a 4-year contract to play in Europe, and the Lakers stop honoring their contractual obligations to its players who are under contract?

I say the Lakers forfeit their contractual hold on players while they remain liable for any deficiency in compensation owed to Kobe while he plays in Europe.
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Re: How would decertification change players options? 

Post#2 » by DBoys » Wed Aug 10, 2011 10:38 pm

d-train wrote:If the NBPA decertifies and the owners continue their lockout, what are the player’s options without the existence of a union and collective bargaining?

I say the answer is a case-by-case decision depending on whether the NBA team is honoring its contractual obligation to the player. As an example, if Lakers stop sending Kobe his paycheck, Kobe has a potential default of contract lawsuit against the Lakers, and Kobe has a duty to mitigate damages. Kobe has a duty to remarket his skills for the best price he can obtain. Naturally, the best way for Kobe to get top dollar for his services is to offer bidders a long-term commitment.

So, what happens if the NBPA decertifies, Kobe signs a 4-year contract to play in Europe, and the Lakers stop honoring their contractual obligations to its players who are under contract?

I say the Lakers forfeit their contractual hold on players while they remain liable for any deficiency in compensation owed to Kobe while he plays in Europe.


The NBA's stance seems to be two=pronged: either the NBA will be allowed to negotiate a CBA with themselves - ie, impose the best proposal it made the union under impasse standards - and go back to work ... or, Kobe and everyone else won't have a contract and it will be a free agency free-for-all.

If you want to know the answer to whether those will happen, you have to ask the 2nd court, which is where the NBA has filed the case asserting those options.

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