Sorting through the mess that may have ended the NBA season
With Monday's NBA news, it's increasingly unlikely that hoops fans will see their favorite stars this year.
November 15th, 2011
04:00 PM ET

Sorting through the mess that may have ended the NBA season

It appears to be a whine-off between warring clans of out-of-touch rich guys. With the NBA owners and players both opting for bombast over balance in their overtures, it’s difficult to see exactly what happened Monday afternoon.

This much is certain: The NBA offered players a deal and threatened that if they didn’t bite, the deal would get worse. The National Basketball Player’s Association didn’t vote on the proposal, disclaimed interest in its union (ending collective bargain negotiations) and is threatening to file a class-action antitrust suit against the NBA. The chance of a 2011-2012 season is now slimmer than your likelihood of hitting a full-court sky hook blindfolded.

This much is uncertain: everything.

The players and owners lose a great deal of control in the courts. The range of possibilities is now vast. It could be as simple as a judge ordering both sides back to the bargaining table, or it could result in billions in damages that owners say could bankrupt the league and play out in the courts for years.

Remember, this isn’t a strike, and the players will make the case in court that the league lockout prevented them from playing, i.e. earning a paycheck. They will be represented, in part, by David Boies, an attorney with some lofty antitrust credentials.

Move past NBA Commissioner David Stern’s talk of “nuclear winter” and the players’ and NBPA ex-executive director Billy Hunter’s chatter about strong-arming and ultimatums, and it appears both sides played hardball a little too well.

ESPN’s Michael Wilbon said he was sick of the fiasco and alleged “both sides seem completely oblivious as to what’s happening in the real world.”

The real world, of course, is experiencing debt crises and other staggering blows to the economy. Unemployment and foreclosures are soaring. Protests abound, from the Middle East to Europe to Wall Street. It’s a tough time to curry empathy over six-digit game checks.

Negotiating for two years only to walk away from the table now is tantamount to “running 26 miles of a marathon and then sitting down on the pavement and refusing to complete the final two-tenths of a mile. For what amounts to pennies on the dollar, the owners and players are putting a basketball season in jeopardy … jobs, careers, reputations, legacies,” Wilbon host wrote Tuesday.

Sports Illustrated’s Ian Thomsen also felt scapegoats could be found among both players and owners.

“They will continue to blame and complain about each other. But any person of reason, watching from afar, is going to recognize blame on both sides of the table,” Thomsen wrote. “You may feel more anger for the owners or for the players, but if you are a fan of basketball then the bottom line is that you are angry with everybody who had anything to do with the fact that there is $4 billion in revenue on the table and they can't even talk any longer about how to share it.”

The one positive for basketball fans is that the players disclaimed interest in the union as opposed to decertifying it. As Rick Bonell of the Charlotte Observer reported, the decertification process could have taken time, where the disclaimer process is pretty speedy and allows the NBA to approach Hunter with another deal. It also allows the players to sue the NBA immediately.

According to Stern, the union threatened to disband in February and Monday's move took owners by surprise because the players could have disbanded in the summer. Point guard Deron Williams, who is now playing in Turkey, tweeted, "This is why I said we should have done this in July bc at least the process would have been underway… even over!"

It’s difficult to say which issues ultimately dissolved the talks because the sides are keeping their playbooks close to their chests, but one widely reported bone of contention was the revenue split.

Last year, players took 57 percent of the overall revenue. The NBA would like to see the divide closer to 50-50, but players reportedly wouldn’t go lower than 51 percent, according to CBS’ Ken Berger, who reported the sides were as many as 20 percentage points apart at one point in negotiations.

The league says, under its proposal, the players could swing 51 percent of revenue depending on league growth, a claim the players denied. In their counteroffer, the players said 1 percent of their 51 percent would go to retired players’ pensions and medical benefits, something the union funded in the past.

Other thorny issues were the soft salary cap and the luxury tax. A hard cap does not allow teams to exceed the salary cap for any reason, where a soft cap allows teams to exceed the cap to retain a player under the so-called Larry Bird rule. The luxury tax kicks in when teams exceed the soft cap by a certain amount.

Last season, the salary cap was $58 million and the luxury tax level was $70.3 million. Teams were taxed a dollar for every dollar they exceeded the threshold. The luxury tax money is generally split up among teams who did not pay the tax. Reports indicate the league wanted to raise the tax, while the players wanted it lowered.

There were many other complicated matters being argued, including reductions in minimum salaries and some rookies’ salaries, year-round drug testing, an escrow account to reimburse owners for money spent over the 50-50 split, exceptions to the luxury tax for certain players and sign-and-trade deals for taxpaying teams.

But the bottom line is the two sides couldn’t figure out how to split their enormous pie. While it might not break anyone’s heart to see millionaire ball players out of work or billionaire team owners dusting their stadiums for a season, reports are starting to emerge that the ramifications will be more widespread.

In addition to the arena workers, concessionaires, janitors, ushers, parking lot attendants and merchandise hawkers – average folks who pull minimum wage or near it as the players and owners make bank – CNN reported last month that the lockout’s effect will ripple beyond arenas.

As Slam magazine reports foreign teams are recruiting the NBA's newly unemployed, restaurants and shops near American basketball stadiums are bracing for the worst, with employers and employees wondering how much revenue they can draw without crowds flocking to games 41 nights a year.

Fran Berger, CEO of Farm of Beverly Hills near Los Angeles’ Staples Center, said she would have to cut some workers’ hours, and several stadium employees told CNN they feared they might not get the 1,100 annual hours needed to qualify for health insurance.

There’s also the fans, who notoriously dislike lockouts. During the lockout-shortened 1998-1999 season, television ratings and attendance dropped significantly and didn’t rebound for years.

The New York Times reported in a 1998 story that formerly hardcore fans were sickened by the squabbles between owners and players and had come to the conclusion that “basketball is disintegrating into a game of greed.”

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Filed under: Basketball • Courts • Lawsuit • NBA • Sports
soundoff (852 Responses)
  1. NBA Rocks

    Seriously, the people commenting on this are so dumb. News flash it has nothing to do with your lives, wallet or job. Both sides have the right to negotiate a better deal. Just like you have the right to ask for a raise or vacation. DOESN'T MEAN it's going to happen. Stop being so gad*amn butt hurt over people you don't know.

    November 15, 2011 at 7:12 pm | Report abuse |
    • Trent

      Clearly you did not read the article and you obviously don't understand how this affects other people besides the players.

      November 15, 2011 at 7:24 pm | Report abuse |
    • JW

      NBA Rocks? Try NBA Sucks – the players, agents and the owners. They have put so many people out of work. I will never go back watching or supporting the NBA. Bring on college game. I've had enough of these coddled, out of touch millionaires.

      November 15, 2011 at 7:36 pm | Report abuse |
  2. newport beach

    nobody cares about the first season anyway, just start with the playoffs

    November 15, 2011 at 7:12 pm | Report abuse |
  3. Brian

    Who cares? College Basketball is 10 times better

    November 15, 2011 at 7:13 pm | Report abuse |
    • ibrad

      And hockey is 10 times better then that!

      November 15, 2011 at 7:22 pm | Report abuse |
  4. Realist

    Who cares? cancel the next five years and I wouldn't care.

    November 15, 2011 at 7:13 pm | Report abuse |
  5. justacmmtr9

    Too many rich guys whining about not enough and pointing the finger at each other. What a bunch of morons. I can live without the NBA very easily. I will just watch overseas, college, or go play it with my kid more.

    November 15, 2011 at 7:13 pm | Report abuse |
  6. Steven

    No man can be forced to own and operate a business if he doesn't want to or if it doesn't make sense to him. The owners should take a page out of 'Atlas Shrugged'...just walk away. Disband the league, fold the teams, shut the doors. No business, no employees. Teams and leagues have folded throughout history. RIP NBA.

    November 15, 2011 at 7:14 pm | Report abuse |
  7. ADiff

    BFD.... Hard to care about a bunch of rich indulged actors.

    November 15, 2011 at 7:15 pm | Report abuse |
  8. Dennis

    Reminds me of our Congressmen. Bullheaded , overpaid, self serving, and useless.

    November 15, 2011 at 7:16 pm | Report abuse |
  9. kmmoo

    If they played basketball in the NBA then I might be upset that the season might be cancelled or the league disappear, but since they haven't played basketball for many years let them all go overseas and play whatever it is they play there. Just feel sorry for the average person who makes a living in the support operations that go on during the games.

    November 15, 2011 at 7:16 pm | Report abuse |
  10. goingfast

    you guys, the keepers of this great game, have taken it to the ground and their is where it will stay. now you morons, take those size 15's and go find jobs.......

    November 15, 2011 at 7:17 pm | Report abuse |
  11. jim

    eh, they can flip hamburgers at Burger King, have it their way !!! lalalallalala

    November 15, 2011 at 7:17 pm | Report abuse |
  12. ROBERT

    I wish I could tell my commander-in-chief I dont want to get shot at anymore because I'm not making enough money and the officers appointed over me make more then I do. I wonder if these clowns realize that all the millions of dollars they are arguing about is coming from people that work their butts off everyday to afford these over priced tickets. Greed has ruined sports. I defend their freedom and put my life on the line for 50,000$ a year,Paramedics save lives for 40,000$ a year, fire fighters run into places everyone is running out of for 30,000$ a year. These greedy SOBs make millions to play a sport and it still isnt enough..disgusting

    November 15, 2011 at 7:18 pm | Report abuse |
  13. matt houston

    These guys get millions for playing games. Corporations and vast energy and wealth is invested in their games...finding new talent etc....meanwhile, millions of Americans have no healthcare. Yeah, makes perfect sense.

    November 15, 2011 at 7:19 pm | Report abuse |
  14. John

    S.O.S. Mayday, Mayday............S.O.S.............(Selfishness on Steroids)

    November 15, 2011 at 7:20 pm | Report abuse |
  15. HebrewIsraelite

    So this where the racist disgruntled white males hang out at you damn devils.

    November 15, 2011 at 7:21 pm | Report abuse |
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