NLRB ready to rule on Union's claim against NBA

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Re: NLRB ready to rule on Union's claim against NBA 

Post#121 » by Wizenheimer » Mon Oct 24, 2011 5:51 pm

floppymoose wrote:The 4.2 or 4.4 billion number is from various estimates of actual league revenue: BRI and also non-BRI. There is a few hundred million coming into the league that is not counted under BRI.


yeah:

13. What is included in Basketball Related Income (BRI)?

Basketball Related Income (BRI) essentially includes any income received by the NBA, NBA Properties or NBA Media Ventures. This includes:

Regular season gate receipts
Broadcast rights
Exhibition game proceeds
Playoff gate receipts
Novelty, program and concession sales (at the arena and in team-identified stores within proximity of an NBA arena)
Parking
Proceeds from team sponsorships
Proceeds from team promotions
Arena club revenues
Proceeds from summer camps
Proceeds from non-NBA basketball tournaments
Proceeds from mascot and dance team appearances
Proceeds from beverage sale rights
40% of proceeds from arena signage
40% of proceeds from luxury suites
45% - 50% of proceeds from arena naming rights
Proceeds from other premium seat licenses
Proceeds received by NBA Properties, including international television, sponsorships, revenues from NBA Entertainment, the All-Star Game, the McDonald's Championship and other NBA special events.

Some of the things specifically not included in BRI are proceeds from the grant of expansion teams, fines, and revenue sharing (e.g. luxury tax)
.


http://members.cox.net/lmcoon/salarycap.htm#Q13
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Re: NLRB ready to rule on Union's claim against NBA 

Post#122 » by Amish Mafioso » Mon Oct 24, 2011 6:01 pm

Well if they're ready to rule, why don't they **** rule already? :banghead:
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Re: NLRB ready to rule on Union's claim against NBA 

Post#123 » by erudite23 » Mon Oct 24, 2011 6:11 pm

Thugger HBC wrote:
erudite23 wrote:This is so funny.


There are people in this world, on this forum, that think the NBA should actually lose money just because that is where they bargained themselves to in the last deal.

What I don't understand is why on earth these people aren't retroactively killing the players for asking more than the 40% of BRI they had in 1970. I mean, seriously. The owners were giving on every point. Damn those players for failing to bargain in good faith. They should have been happy with their 10k a year salaries and having to work part time jobs during the off season. How dare they ask for the owners to give up what they had bargained for!.

Haha.

Just wondering...if the players made 10K, do you think the ticket price would be 10 bucks for courtside?

And why did these same owners agree to give the players 57% of BRI


Of course not. Owners are going to maximize the amount of money that they can generate. I don't know why fans get upset about that. It's like anything else. There's a market, and you price your product according to what you think the market will bear. I fully expect and am fine with the owners charging these outrageous prices for tickets. Their product is good enough that people will pay that much. And that is, essentially, the definition of "value" in America: what people will pay.

I don't expect them to save on player contracts so that they will pass the savings on to me. That's ridiculous. Do you expect Mercedes to reduce the price of their cars because they don't really cost that much to make? Huh? Its capitalism. You get what you can. Simple.


As for why the owners gave 57%, it was because that was the number that the agreed to based on what they felt they could get out of the deal. They decided that it was good enough that it wasn't worth fighting for more. Things change. Right now, its not good enough and they will not accept it. There is no loyalty to the previous deal.

What I'm pointing out, though, is the fact that players pushed for concessions from owners for years and years and years. All ownership did through the 50s, 60s, 70s, 80s and early 90s was give ground. Give more and more money to the players. Added benefits. Amenities. Everything.

Was anyone complaining about how the players were so greedy and saying "why should the owners give in to these demands? All the players will do is come back NEXT time and ask for a higher split and more of everything else."

No, they weren't. Because the owners were exploiting the players during those days. And a lot of ground needed to be made up to where players were actually getting a fair deal. Ownership gang raped players for 3 straight decades. It only started to become fair in the early 90s. Well, now the pendulum has swung too far the other way and ownership needs to take back some of what they've given up.

Yet people only see labor vs ownership and everyone naturally gravitates towards the players side because they know what its like to be the little guy getting f***ed on by the guys in suits. But that is not whats going on right here. Labor has negotiated their way into an overly advantageous spot and its hurting the establishment and hurting the product. That is the only reason I'm on ownership's side. I want the teams to be profitable so that we can see JUST BASKETBALL moves. Not have to sit and watch as our favorite teams trade away valuable assets because they need to save money so that they only lose $2m instead of $8m.

I just want pure basketball. The only ones that wouldn't feel this way are the fans of teams who enjoy a decided advantage that gives them opportunities that wouldn't happen in a more fair system.

Its not about ownership vs labor to me. Or players versus owners. Or even black vs white. Its about being able to follow basketball for basketball, and never having to worry about the money side of it.

That is my favorite part of the NFL. Every team has the same resources to assemble their squad, and it doesn't matter where you're at, if you have guys that know how to build a football team, they will have success. I want that with my basketball team, too.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#124 » by BadMofoPimp » Mon Oct 24, 2011 6:14 pm

I think the Jordan era inflated basketball revenue which inspired the 57% split then the 2000's hit and the cost of running a franchise incredibly increased as well as player salaries. Thus, there had to be changes.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#125 » by turk3d » Mon Oct 24, 2011 6:39 pm

Legal definition of "good faith":

http://legal-dictionary.thefreedictiona ... good+faith
Honesty; a sincere intention to deal fairly with others.

Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably.

The term good faith is used in many areas of the law but has special significance in Commercial Law. A good faith purchaser for value is protected by the Uniform Commercial Code, which every state has adopted. Under sections 1-201(9) and 2-403 of the code, a merchant may keep possession of goods that were bought from a seller who did not have title to the goods, if the merchant can show he or she was a good faith purchaser for value. To meet this test, the person must be a merchant, must have demonstrated honesty in the conduct of the transaction concerned, and must have observed reasonable commercial standards of fair dealing in the trade. A buyer would likely meet these requirements if the purchase proceeded in the ordinary course of business. If, on the other hand, the purchase took place under unusual or suspicious circumstances, a court might conclude that the buyer lacked good faith.

Where a nonmerchant purchases property that the seller lacks legal title to convey, the issue of good faith is known both as the innocent purchaser doctrine and as the bona fide purchaser doctrine. If the purchaser acquires the property by an honest contract or agreement and without knowledge of any defect in the title of the seller, or means of knowledge sufficient to charge the buyer with such knowledge, the purchaser is deemed innocent.

In both commercial and noncommercial law, persons who in good faith pay a fraudulent seller valuable consideration for property are protected from another person who claims legal title to the property. If a court establishes the purchaser's good faith defense, the person who claims title has recourse only against the fraudulent seller. Strong public policy is behind the good faith defense. Good faith doctrines enhance the flow of goods in commerce, as under them, buyers are not required, in the ordinary course of business, to go to extraordinary efforts to determine whether sellers actually have good title. A purchaser can move quickly to close a deal with the knowledge that a fraudulent seller and a legitimate titleholder will have to sort the issue out in court. Of course, the purchaser will be required to demonstrate to the court evidence of good faith.

Good faith is also central to the Commercial Paper (checks, drafts, promissory notes, certificates of deposit) concept of a holder in due course. A holder is a person who takes an instrument, such as a check, subject to the reasonable belief that it will be paid and that there are no legal reasons why payment will not occur. If the holder has taken the check for value and in good faith believes the check to be good, she or he is a holder in due course, with sole right to recover payment. If, on the other hand, the holder accepts a check that has been dishonored (stamped with terms such as "insufficient funds," "account closed," and "payment stopped"), she or he has knowledge that something is wrong with the check and therefore cannot allege the check was accepted in the good faith belief that it was valid.

In Labor Law, the National Labor Relations Act of 1935 (29 U.S.C.A. § 151 et seq.) mandates good faith bargaining by every union and employer in order to reach agreement. In corporate law, the Business Judgment Rule is based on good faith. This principle makes officers, directors, managers, and other agents of a corporation immune from liability to the corporation for losses incurred in corporate transactions that are within their authority and power to make, when sufficient evidence demonstrates that those transactions were made in good faith. As in commercial law, the use of good faith in this case enhances corporate business practices, as agents of a corporation are free to act quickly, decisively, and sometimes wrongly to advance the interests of the corporation. Good faith insulates corporate officers from disgruntled shareholders.


from other sites:

http://www.investorwords.com/2207/good_faith.html
The observance of honorable intent in business relations and the avoidance of any attempts to deceive in assuming and performing contractual obligations.


http://www.businessdictionary.com/defin ... faith.html
Effort made, information given, or transaction done, honestly and without a deliberate intention to defraud the other party. However, good-faith does not necessarily mean 'without negligence.' Also called bona fides, it is implied by law into commercial contracts.


This next one is a legal definition which I think may be most applicable in this situation:
http://www.lectlaw.com/def/g011.htm
Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauded the other.

The duty of each party to an agreement (and all officers, employees, or agents of each party) to act in a fair and equitable manner toward each other so as to guarantee each party freedom from coercion, intimidation, or threats of coercion or intimidation from the other.


This is a more technical description which defines the UCC (Universal Commercial Code) which all business in the US is regulated by:

http://www.law.cornell.edu/ucc/2/article2.htm

I think that this will be very significant if it ever makes it to court. The chances of that: the owners would have to be pretty stubborn imo to let it get that far although they've already let it get too far already imo.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#126 » by The Rebel » Mon Oct 24, 2011 8:17 pm

turk3d wrote:Legal definition of "good faith":

http://legal-dictionary.thefreedictiona ... good+faith
Honesty; a sincere intention to deal fairly with others.

Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably.

The term good faith is used in many areas of the law but has special significance in Commercial Law. A good faith purchaser for value is protected by the Uniform Commercial Code, which every state has adopted. Under sections 1-201(9) and 2-403 of the code, a merchant may keep possession of goods that were bought from a seller who did not have title to the goods, if the merchant can show he or she was a good faith purchaser for value. To meet this test, the person must be a merchant, must have demonstrated honesty in the conduct of the transaction concerned, and must have observed reasonable commercial standards of fair dealing in the trade. A buyer would likely meet these requirements if the purchase proceeded in the ordinary course of business. If, on the other hand, the purchase took place under unusual or suspicious circumstances, a court might conclude that the buyer lacked good faith.

Where a nonmerchant purchases property that the seller lacks legal title to convey, the issue of good faith is known both as the innocent purchaser doctrine and as the bona fide purchaser doctrine. If the purchaser acquires the property by an honest contract or agreement and without knowledge of any defect in the title of the seller, or means of knowledge sufficient to charge the buyer with such knowledge, the purchaser is deemed innocent.

In both commercial and noncommercial law, persons who in good faith pay a fraudulent seller valuable consideration for property are protected from another person who claims legal title to the property. If a court establishes the purchaser's good faith defense, the person who claims title has recourse only against the fraudulent seller. Strong public policy is behind the good faith defense. Good faith doctrines enhance the flow of goods in commerce, as under them, buyers are not required, in the ordinary course of business, to go to extraordinary efforts to determine whether sellers actually have good title. A purchaser can move quickly to close a deal with the knowledge that a fraudulent seller and a legitimate titleholder will have to sort the issue out in court. Of course, the purchaser will be required to demonstrate to the court evidence of good faith.

Good faith is also central to the Commercial Paper (checks, drafts, promissory notes, certificates of deposit) concept of a holder in due course. A holder is a person who takes an instrument, such as a check, subject to the reasonable belief that it will be paid and that there are no legal reasons why payment will not occur. If the holder has taken the check for value and in good faith believes the check to be good, she or he is a holder in due course, with sole right to recover payment. If, on the other hand, the holder accepts a check that has been dishonored (stamped with terms such as "insufficient funds," "account closed," and "payment stopped"), she or he has knowledge that something is wrong with the check and therefore cannot allege the check was accepted in the good faith belief that it was valid.

In Labor Law, the National Labor Relations Act of 1935 (29 U.S.C.A. § 151 et seq.) mandates good faith bargaining by every union and employer in order to reach agreement. In corporate law, the Business Judgment Rule is based on good faith. This principle makes officers, directors, managers, and other agents of a corporation immune from liability to the corporation for losses incurred in corporate transactions that are within their authority and power to make, when sufficient evidence demonstrates that those transactions were made in good faith. As in commercial law, the use of good faith in this case enhances corporate business practices, as agents of a corporation are free to act quickly, decisively, and sometimes wrongly to advance the interests of the corporation. Good faith insulates corporate officers from disgruntled shareholders.


from other sites:

http://www.investorwords.com/2207/good_faith.html
The observance of honorable intent in business relations and the avoidance of any attempts to deceive in assuming and performing contractual obligations.


http://www.businessdictionary.com/defin ... faith.html
Effort made, information given, or transaction done, honestly and without a deliberate intention to defraud the other party. However, good-faith does not necessarily mean 'without negligence.' Also called bona fides, it is implied by law into commercial contracts.


This next one is a legal definition which I think may be most applicable in this situation:
http://www.lectlaw.com/def/g011.htm
Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauded the other.

The duty of each party to an agreement (and all officers, employees, or agents of each party) to act in a fair and equitable manner toward each other so as to guarantee each party freedom from coercion, intimidation, or threats of coercion or intimidation from the other.


This is a more technical description which defines the UCC (Universal Commercial Code) which all business in the US is regulated by:

http://www.law.cornell.edu/ucc/2/article2.htm

I think that this will be very significant if it ever makes it to court. The chances of that: the owners would have to be pretty stubborn imo to let it get that far although they've already let it get too far already imo.

Thanks for the definitions, but what exactly have the owners done in bad faith? Nothing says they have to pay their employees what they want.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#127 » by UTJazzFan_Echo1 » Mon Oct 24, 2011 8:20 pm

I think the "bad faith" part could be attributed to the fact that the owners seemed to wait to really start negotiations until the threat of missing games, and eventually the cancelation of games, became a reality.

If you're purposely waiting until games get cancelled to create leverage, I believe you could call that "bad faith".
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Re: NLRB ready to rule on Union's claim against NBA 

Post#128 » by sp6r=underrated » Mon Oct 24, 2011 8:36 pm

I found this interesting file on bad faith negotiating.

http://labored.missouri.edu/research/pdf/2005-18.pdf
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Re: NLRB ready to rule on Union's claim against NBA 

Post#129 » by The Rebel » Mon Oct 24, 2011 8:51 pm

turk3d wrote:
The Rebel wrote:so who gets to decide how much of a bonus each player gets? Who is to decide what is considered a real cost, and a fake one? After all the players right now are arguing that only some of the NBA owners costs are real. What are the new investors going to get out of the deal? How many do you think are going to invest hundreds of millions without a solid percentage of the revenue going back into their pocket, and a large percentage of the upside for that kind of investment.

There's a couple of points here. You actually give two different scenerios so I'll try and address them one at a time. First off, if investors were to involve themselves (or if the owners were to be willing to "discuss" this rather than "dictate" what's going to happen (which is what real negotiations is) they were work it out (the owners would have the majority say but they would at least take player input and give it some consideration).

So the problem is not what the current owners want, but they are dictating to their employees what they are willing to give them? Welcome to the real world. You think new investors are going to give the players enough of a say to have any real power? Nobody is going to continually lose money on a company or in starting a league and give their employees a real voice in how the pay works out. Sorry in the real world that does not happen.
turk3d wrote:In the case where you have investors coming in and starting a new league, there's a couple of ways that could go: the new owners generate all the investment capital, they would have to come up with a "business plan" and all this would take time.

If it is there money they do not need a business plan, if they choose to that is up to them.
turk3d wrote:As for how much the players get (what the "split" would be) that would have to be "pre-negotiated" in other words before the leage even got started, it would have to be determined to be amenable to both sides (the players and the new owners), if not, then no deal. Another possibility in this "new league" is the players investing startup money of their own.

so who gets decide who does the books? And what the split is based on? there are plenty of ways to hide money and move it around.

As for the players putting up the money, considering there have been articles of agents having to arrange loans for players already, and that most of them have not made enough in their careers to make a consequential contribution to the startup, the money would still have to come from outside investors, who are still going to be the real owners.
turk3d wrote:This would give them more power (voting power) in the decision making process since that would give them an equity stake in the business. and in that way they would become true "partners" with the new owners.

So the players invest a little money, do you think the guys who put up the real money are going to give up a controlling interest of the company they are paying to start?
turk3d wrote:
The Rebel wrote:Most employee owned companies are actually owned by the employee's pension plan, and while they all get some form of stockholder vote, there are management teams in position to actually run the company, and even still those companies have major issues. One of the reasons is overpaying employees and too rich of benefit plans for former employees as incredible as that idea is. For those who want you can look up examples with Qwest communications and united Airlines. And that is with a share of each company being owned by outside shareholders as well, and government oversight due to being public companies. What happens when the players do not have to report to anybody?

Not true today. Most (at least the good ones) do it through stock plans (which is the right way to do it). It usually comes in when you hire into the company through options. Based on performance throughout the years you are given additional shares based on the companies profit and your performance. If it's profit based, then you won't have the problem of overpaying.

So the employees get stock from an existing company and end up owning and controlling the company. How are they going to get the stocks in a company that does not exist, or are you saying that they begin with nothing and as the league makes a profit the real owners begin to allow the players to get a few stocks from the company? Because that happens in the NBA, a few players have received small ownership percentages of the teams. Now not enough to allow the player a real voice, just like anybody with hundreds of millions on the line I doubt the owners are going to just hand the players a real vote on their decisions who have nothing.

By the way something I am wondering, why would the players agree to play for a league for a low starting wage, with the hope that it will eventually make them money through profits that may or may not happen, when they already have a league willing to pay them off of revenue. Especially when someone else is going to have the controlling interest and will decide what is considered profit and what is not.

turk3d wrote:If the company starts losing money, then no bonuses but you can still receive stock (which may not be worth anything at the time but has the potential to be worth something if the companies profits go up). If things get worse and not better, you still have the option when his contract expires, not renewing or negotiating a smaller one. If you don't have stock, then you can issue bonuses.

Once again the players taking less money with the hope that the new owners will decide to give them stock or bonuses when the league makes money. By the way you should look up some of the leagues history, not to mention straight business history, most large start up companies struggle to break even for the 1st 5 years, even the ones with good products and new ideas. the ones fighting against an established competitor is usually lucky to survive for 5 years, and given the history of rival sports leagues in the United States this bears out completely.

As for losing money, given that is the concept, the players would have taken a large paycut from the NBA's total revenue last year, and would never be able to make up the money.

turk3d wrote:
The Rebel wrote:while it sounds good in theory you are expecting someone to front a ton of money, for the players to own enough of a percentage of the league to be considered the owners, and allowing them to get the votes to decide what they receive from the profits in pay and benefits, while the guys putting in the money end up being out voted and getting next to nothing in return for their investment.

Of course not. Investors only invest if they believe they're going to make money. Players know this. That's why you negotiate the deal that works best for both. Right now the players don't have a league to play in. If someone were to come up and tell them, "Hey, we're starting a new league, are you interested?" what do you think they will say?


Right now the dominant league in the market place is losing $300 million a year, and needs the players to accept revenue splits of 50% to feel as if they even have a chance to break even, how much do you think a new league will have to give the players to make them join? You think the new owners are going to commit to paying 53% of the revenue that the players expect from the NBA?

let's look at reality shall we? Last year the NBA grossed $3.817 billion last year, paid the players $2.176 billion, and lost over $300 million. Using the basis of your idea let's run some numbers.
In this new league we will imagine they could just flat replace the NBA and keep the same revenue (which will never happen but for examples sake it is okay).
Now say the players agreed to take $1 billion in salaries, or $1.176 billion less then they currently get from the NBA.
this allows the league to make a profit of at most $876 million.
Now how much of that are the new investors going to want? how much are the players going to want? Does it matter? The players still have made less then they did last year in the NBA, and would still make less then they want from the NBA today. so are these new owners just going to set up a new league out of the goodness of their heart, just so the players can brag that they own a small piece? I personally would guess they would want some kind of ROI, but thats just me.

turk3d wrote:And due to their circumstance, don't you think the investors will have the advantage in the negotiations? Sure the players will lose something (some won't make what they'd probably make in the NBA although some could actually make more) but it will be better than what they're making while the league is shutdown. Who knows if it will be any less than what they'd be getting if they were to just bend over and give in to all the owners demands?


Bend over and give into the owners demands, where they would make more money today, could play by next month, and not have to worry about whether the league losses money. or make less now, hope that things change enough to give the new owners and ROI, while making up for the money they lose from leaving the NBA, for some that may be damn tough choice I guess, but it does not sound that hard to me. Give me the hundreds of million more, less time missed and waiting for startup, no risk.
turk3d wrote:Irregardless, in a league run by businessmen, the owners will always have the most power (especially if they're the ones putting up the money). The players just want a say in things which I think is reasonable.

Why should the players have a say in things? On what basis? Why would any new investors give the players any more of a say while they lose more money they the nBA owners are losing?
turk3d wrote:
The Rebel wrote:Here's a better idea, why not have the players put together the league with their own money, then sale stock in a public offering to raise the money to begin actually playing the games. Then maybe the owners who just love the game will not really care that much if they get no return on their investment. of course they then have to deal with government oversight, public audits, and an arena full of owners who may not be too happy with them. then every time they overpay themselves they can do another public offering and raise more money, I am sure there are plenty of suckers that will keep paying for stock so that the players can get their extreme benefits and 57% of revenue. Pretty soon we can all own penny stocks in a league bleeding money while the players retire on the beach laughing.

The same way those same suckers pay exorbitant amounts to go see NBA games? lol

True but do you see the SEC being happy when a league starts up with little to no investment from the people starting the league, then continually issuing more stocks, and sending out cash calls every year? Especially from one that high profile? Just wait until all the news channels through grandpa up on TV, you know the guy living on social security who buys a couple of shares for his grandkids. i can see it now, the old man bitching that he has to chip in a few bucks every year so that these players can make 60% more then they could anywhere else in the world. Talk about PR damage.
turk3d wrote:
The Rebel wrote:Although it they do not do the offering just right, or are forced to give the actual shareholders voting rights then they still will end up taking paycuts as the average shareholder doesn't seem to like investments where they have to meet money calls every time the company overpays on payroll and benefits, and they really do not like when companies continue to have public offerings every year making their original investment worth that much less.

It may not necessarily be shares (or at least in a public offering, probably would make more sense if it were private) and it doesn't even have to be stock based (could be a hybrid of some sort). The point is there are ways to do this so it benefits both sides (not just one) if both sides were to come to the table with honest intentions and look for equitable solutions.


Sure it could be private, but then you are looking for sophisticated investors, people who are going to look for higher returns on their money then the family man who buys a share just to have it. for the players to even come close to getting what they want from this new league that they expect from the NBA, the investors are not going to get a ROI, meaning it is still one sided, just like the players have had from the NBA for the last few years. Every startup league throughout the history of the United States has lost money the 1st few years, and most of them start out paying less for their players then their competition already in place. Fact is it is a high risk venture, and one that the investors are going to want tighter control on costs, and to pay less in payroll then 57%

Realistically a new league would not provide the same 1st class travel, medical equipment/personnel, or the same pay for players, would require billions in startup costs, and would still lose money the 1st 5 years. given that how would the players make out better short or long term? Why would investors want to invest in the league?

Not to mention if the union members all started their own league not only could the NBA end the lockout, forcing the players to honor their contracts, but they would open themselves up to severe court penalties, as it would not be hard for the NBA to prove they were not negotiating in good faith.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#130 » by The Rebel » Mon Oct 24, 2011 8:52 pm

UTJazzFan_Echo1 wrote:I think the "bad faith" part could be attributed to the fact that the owners seemed to wait to really start negotiations until the threat of missing games, and eventually the cancelation of games, became a reality.

If you're purposely waiting until games get cancelled to create leverage, I believe you could call that "bad faith".


The owners have met with the players several times over the last year or two, once again nothing says they have to move off their demands.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#131 » by The Rebel » Mon Oct 24, 2011 8:55 pm

sp6r=underrated wrote:I found this interesting file on bad faith negotiating.

http://labored.missouri.edu/research/pdf/2005-18.pdf


So what exactly has the league done?
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Re: NLRB ready to rule on Union's claim against NBA 

Post#132 » by BadMofoPimp » Mon Oct 24, 2011 9:45 pm

The possibility of creating a new league by the players would be virtually impossible on many fronts. At least in the NBA they have the best doctors and trainers in the country which lowers the cost of insurance. Insurance carriers would be skepticle providing cheap insurance on a fledgling league. The insurance per player alone would be astronomical.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#133 » by turk3d » Mon Oct 24, 2011 10:03 pm

BadMofoPimp wrote:The possibility of creating a new league by the players would be virtually impossible on many fronts. At least in the NBA they have the best doctors and trainers in the country which lowers the cost of insurance. Insurance carriers would be skepticle providing cheap insurance on a fledgling league. The insurance per player alone would be astronomical.

There's a lot of truth to your statement but I have a question part of it: If the league shutdowns permanently, what do you think all those unemployed doctors, trainers (and everyone else associated with the NBA who are out of a job) going to do?

You think that they might take a job with a new league (even if it pays them less than what they were getting paid on their current jobs as most think the players would do) which I'm sure will be way better than their unemployment benefits that only last 6 months? The bottom line here to me is that even though the players will lose,

I think the owners will lose even more as their businesses will now become defunct If they were losing as much money (as some including the league claim) then they should just bow out already (which they would if they were losing as much as they claim). I think contraction might be part of the solution (dump bad franchises and in particular dumb owners).

We need more owners who have a real concern for the game than who are just in it for a profit (although I'm not suggesting that profit shouldn't be a part of the equation, but I feel that is taken care by having good management in place. Truthfully, if that's all you're looking for, there's much better investments out there than sports franchises.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#134 » by PistolP » Mon Oct 24, 2011 10:13 pm

http://eye-on-basketball.blogs.cbssports.com/mcc/blogs/entry/22748484/32918087

Good podcast here about the NLRB ruling. Summary:

The players have filed a charge which the NLRB is reviewing. If the NLRB sides with the players they will then issue a complaint, which will have to be reviewed by an Administrative Law Judge. This would mean a new process of fact gathering and review. If the ALJ finds a violation by the owners, then the owner's will have a chance to appeal. Subject to appeal, the case will be sent to a federal judge who can then decide to issue an injunction. That whole process will definitely take a full season (with basically a tiny chance, if any, of making it through all the layers).

Doesn't sound like the players have much leverage here, even if the NLRB came back this week and issued a complaint against the owners.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#135 » by turk3d » Mon Oct 24, 2011 10:18 pm

The Rebel wrote:
sp6r=underrated wrote:I found this interesting file on bad faith negotiating.

http://labored.missouri.edu/research/pdf/2005-18.pdf


So what exactly has the league done?

I think that this is an excellent description of what I was talking about. The bottom line is that if it goes to court, this is what the court will have to decide (once it get there, it's out of the owners and the players hands pretty much which is why if you think you may be on the losing side, you might not want to go there). No one really knows the details of what's gone on (going on) these past years and today. We can all just speculate.

As for what the owners have done (or might have done) based on the article I'd suggest the following are all possible examples of "bad faith" bargaining (of course it would have to be proven):

An important decision of the National Labor Relations Board identified seven distinct indicators of surface bargaining. While this list is not dispositive, it provides a good summary of the types of elements that will suggest a finding of surface bargaining. These common tactics include:
a. Delaying tactics,
b. Proposing unreasonable bargaining demands,
c. Implementing unilateral changes in conditions of employment,
d. Direct-dealing, or implementing steps to by-pass the union,
e. Failure to designate an agent with sufficient authority to negotiate,
f. Withdrawal of proposals after tentative agreement has been reached on those items,
g. Arbitrary scheduling of meetings
I believe based on what I've read that the owners are guilty of at least some of these. Also according to the article the following case is something that might apply to this situation:

Some of the tactics outlined in the Atlantic Hilton case are potential unfair labor practices independent of a showing of bad faith. For example, unilateral changes cannot be implemented unless a bargaining impasse has been reached. Other independent unfair labor practices that may be evidence of bad faith include

a. Failure to provide information, or unreasonable delays in providing required information,
b. Insistence to the point of impasse on settlement of nonmandatory subjects of bargaining,
c. Refusal to sign an agreement after the union accepted a comprehensive employer proposal,
d. Threats, discriminatory discharges, or other violations of § 8(a)(1) or 8 (a)(3), that are designed to undermine the bargaining process.

There are a number of precedents which I think would be applied regarding these types of cases and I'm sure they'd be used. Maybe the owners know something I don't (perhaps they do) because I wouldn't want this to go to litigation. The players (although for less, at least most of them) will be able to find other sources of basketball related income (as proven by the fact that some already have) but what about owners who have essentially shut down their businesses? Doesn't make any sense to me whatsoever.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#136 » by thelead » Mon Oct 24, 2011 10:49 pm

turk3d wrote:The players (although for less, at least most of them) will be able to find other sources of basketball related income (as proven by the fact that some already have) but what about owners who have essentially shut down their businesses? Doesn't make any sense to me whatsoever.


I don't think most owners are worried about losing the year... to semi-quote/paraphrase Chris Rock, the players may be rich but the owners are wealthy. The owners make their money in other businesses.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#137 » by BadMofoPimp » Mon Oct 24, 2011 10:54 pm

turk3d wrote:The players (although for less, at least most of them) will be able to find other sources of basketball related income (as proven by the fact that some already have) but what about owners who have essentially shut down their businesses? Doesn't make any sense to me whatsoever.


I think 75% of them find viable work that makes about 1/3rd of what they average overall in the NBA. That may be generous at best. Then, one has to think about insurance also.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#138 » by turk3d » Mon Oct 24, 2011 11:25 pm

thelead wrote:
turk3d wrote:The players (although for less, at least most of them) will be able to find other sources of basketball related income (as proven by the fact that some already have) but what about owners who have essentially shut down their businesses? Doesn't make any sense to me whatsoever.


I don't think most owners are worried about losing the year... to semi-quote/paraphrase Chris Rock, the players may be rich but the owners are wealthy. The owners make their money in other businesses.

Then why should they be sweating this even? And I'm not sure it's all owners. I don't care how wealthy you are, you don't just shutdown your business unless you're bankrupt and if they are, what are they waiting for?

Something just doesn't jibe as far as the owners go, it doesn't compute. I'm sure a lot of the players have other businesses/investments as well. It's just hard to establish who. what and how much. There sure has been a lot of activity by the players outside of the NBA, especially recently. This claim that the players are the ones who'll be hurt more just doesn't ring true.

Yes, they both will be hurting but I tend to think it will be worse for the owners, since some of the players (not sure how many, conflicting reports) are still receiving paychecks and although I've heard that the Owners have some kind of a deal where they're still getting TV revenue from the networks I'm not exactly sure what that is and how long it might last. If true, I'm sure the networks are just thrilled with that.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#139 » by floppymoose » Mon Oct 24, 2011 11:28 pm

BadMofoPimp wrote:I think 75% of them find viable work that makes about 1/3rd of what they average overall in the NBA. That may be generous at best. Then, one has to think about insurance also.


Irrelevant. There are a whole lot of people in the world who's income is decimated if you take away their best occupation. That doesn't mean they should all be paid according to their worth in their second-best occupation.
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Re: NLRB ready to rule on Union's claim against NBA 

Post#140 » by The Rebel » Mon Oct 24, 2011 11:28 pm

turk3d wrote:
The Rebel wrote:
sp6r=underrated wrote:I found this interesting file on bad faith negotiating.

http://labored.missouri.edu/research/pdf/2005-18.pdf


So what exactly has the league done?

I think that this is an excellent description of what I was talking about. The bottom line is that if it goes to court, this is what the court will have to decide (once it get there, it's out of the owners and the players hands pretty much which is why if you think you may be on the losing side, you might not want to go there). No one really knows the details of what's gone on (going on) these past years and today. We can all just speculate.

As for what the owners have done (or might have done) based on the article I'd suggest the following are all possible examples of "bad faith" bargaining (of course it would have to be proven):

An important decision of the National Labor Relations Board identified seven distinct indicators of surface bargaining. While this list is not dispositive, it provides a good summary of the types of elements that will suggest a finding of surface bargaining. These common tactics include:
a. Delaying tactics,
b. Proposing unreasonable bargaining demands,
c. Implementing unilateral changes in conditions of employment,
d. Direct-dealing, or implementing steps to by-pass the union,
e. Failure to designate an agent with sufficient authority to negotiate,
f. Withdrawal of proposals after tentative agreement has been reached on those items,
g. Arbitrary scheduling of meetings
I believe based on what I've read that the owners are guilty of at least some of these. Also according to the article the following case is something that might apply to this situation:

Which ones? that is a nice list, but I have yet to see you provide any kind of proof or even directly personally level a charge against the owners and I have seen no proof in the media. It is easy to fill out a legal charge for lawyers, the case is made in the proof, which I have yet to see any example of.

turk3d wrote:
Some of the tactics outlined in the Atlantic Hilton case are potential unfair labor practices independent of a showing of bad faith. For example, unilateral changes cannot be implemented unless a bargaining impasse has been reached. Other independent unfair labor practices that may be evidence of bad faith include

a. Failure to provide information, or unreasonable delays in providing required information,

What have the owners not provided when a document was requested? it was widely reported the league turned over all financial documents as soon as requested, I have yet to hear of the union even requesting anything else.
turk3d wrote:b. Insistence to the point of impasse on settlement of nonmandatory subjects of bargaining,

When did the league do this? now remember nonmandatory subjects means things that are not part of the agreement.
turk3d wrote:c. Refusal to sign an agreement after the union accepted a comprehensive employer proposal,

When has the league refused to accept an agreement from the union after the owners proposed it?
turk3d wrote:d. Threats, discriminatory discharges, or other violations of § 8(a)(1) or 8 (a)(3), that are designed to undermine the bargaining process.

What threats or discrimination has the league participated in? Telling the union that there will be a lockout for years does not make is a threat meant to undermine the process, especially when it is prefaced that the league needed to make major changes to remain feasible, and there would be a lockout to get it, as Hunter basically said.
turk3d wrote:There are a number of precedents which I think would be applied regarding these types of cases and I'm sure they'd be used. Maybe the owners know something I don't (perhaps they do) because I wouldn't want this to go to litigation. The players (although for less, at least most of them) will be able to find other sources of basketball related income (as proven by the fact that some already have) but what about owners who have essentially shut down their businesses? Doesn't make any sense to me whatsoever.

Anybody can quote a couple of examples and say I think the owners did some of those things. But please tell me what precedents they broke? What have the owners done that is illegal? i can file a lawsuit against you today alleging hundreds of things, but reality is the burden of proof is on the me for filing the lawsuit, and I have yet to see any kind of proof that the owners have not used good faith.

By the way you may want to listen to the recording from NBC in the post directly above yours, a NLRB expert agrees it will be very hard for the players to win, but they filed the lawsuit to try to gain leverage.
Here is a link in case you missed it.
http://eye-on-basketball.blogs.cbssport ... 4/32918087

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