USA - No end to lockout, players to disband

NEW YORK (NBA) - Players have decided to disband their union instead of accepting the latest offer by team owners aimed at ending the NBA lockout.

League operations have been shut down since July 1, since the expiration of the old Collective Bargaining Agreement (CBA), and the latest proposal would have allowed for a 72-game season.

But the players rejected the deal that would have seen a 50-50 split of Basketball Related Income (BRI).

The BRI is close to $4billion.

The decision to disband lets individuals sue the league for potential anti-trust violations and also takes the process of forging a new CBA from the negotiating table to the courts.

Both sides have argued that they have made concessions.

While the players appeared ready to accept the BRI split, other issues have kept the two sides apart.

"The collective bargaining process has broken down," National Basketball Players Association (NBPA) chief executive Billy Hunter said at a press conference.

"We have filed a notice of disclaimer on commissioner (David) Stern and the NBA ...

"The players feel that they're not prepared to accept any ultimatums.

"They thought it was extremely unfair on the part of NBA ownership management to give them an ultimatum, (that) they had to accept their proposal or confront a rollback (of BRI) to 47%."

The NBPA is now in the process of converting to a trade association.

All of the players are to be represented in a class-action suit against the NBA by Jeffrey Kessler, the lawyer representing them through most of the process, and David Boies.

Boies represented the NFL during its recent labor dispute with the players.

NBPA president Derek Fisher said of negotiations: "We've come to the conclusion that that process has not worked for us. It has not put us in a position to negotiate a fair deal that we can complete."

"We feel that's the best way for the players to get their due process," Hunter said of the litigation.

There had been threats of decertification but instead, the players have opted for a “disclaimer of interest” and that allows antitrust suits to be filed immediately instead of having a 45-day waiting period that would have been required had the union decertified.

The union could be swiftly reconstituted  if the NBA were to become less demanding in its position.

"It's just a big charade,” Stern said of the players’ decision to disband.

“To do it now, the union is ratcheting up I guess to see if they can scare the NBA owners or something. That's not happening."

Stern said he believes the 2011-12 season is now in real danger of being lost.

FIBA