Will There Be An NBA Season?

The NBA players this week voted to "disclaim" their union this week, as opposed to de-certification. This thing has reached a point now that even unnamed sources right out of Commissioner Stern's office are saying the season is lost. At this point the outcome of an antitrust lawsuit on behalf of the players would seem the only hope of forcing the owners into real negotiating.

ESPN's Lester Munson writes: "Among the rhetoric being exchanged on Monday was this from David Stern about the union's move to disclaim: "It's just a big charade and it's really irresponsible given the timing of it." Is the commissioner right or wrong?

He is wrong. Stern may wish the players' action was a charade, but it is a serious legal action against an obvious monopoly that is using its total control of the market to take money and benefits from players. Stern and the owners have been worried about this since they began their lockout. The timing shows only that the players patiently negotiated until they realized the owners were asking for too much.

It is complicated, but the players have concluded that there is no chance to reach an acceptable bargain with the owners until they, the players, have more leverage. The antitrust lawsuit should give them that leverage. It could lead to an injunction that would stop the lockout. It could lead to discovery of accurate financial data from the owners. And it could lead to billions of dollars of damages for the players if they suffer the loss of a season. With these possible outcomes, many players and many of their agents have been demanding that the union take this step. It is the path that allowed NFL players to achieve free agency and massive increases in salaries and benefits when bargaining collapsed during their negotiations in the early '90s."

The players actually have to file an antitrust suit to force the owners into honest negotiation and disclosure of the real financial picture of the league. That they have been holding back in their negotiations with the players is now apparent; and here I was ready to jump down the players throats! They are still culpable in their endless greed, but the owners do not have clean hands either.

If the players can force the owners to negotiate in good faith - in the face treble damages in a federal case, we may yet see pro basketball this season, but I am not holding my breath for that.