The First Rule of Negotiating: Why the NBA Lockout Persists

Any lawyer would likely tell you that the first rule of negotiating a deal is to never negotiate against yourself. With respect to the NBA lockout, the parties have reached stagnation in negotiating a new collective bargaining agreement because the NBA is demanding that the NBPA negotiate against itself. Since the lockout began on July 1, one of the main sources of contention between the … Continue reading The First Rule of Negotiating: Why the NBA Lockout Persists

Jump Ball: Did the NBA Tip-Off Litigation Too Soon?

One day after meeting to discuss settlement of its labor dispute for the first time since the NBA locked out its players on July 1, 2011, the NBA filed a claim with the National Labor Relations Board (“NLRB”) and a lawsuit in federal court against the National Basketball Players Association (“NBPA”). The lawsuit, filed in the United States District Court for the Southern District of New York, was … Continue reading Jump Ball: Did the NBA Tip-Off Litigation Too Soon?

There is no “I” in Team: How Decertification Extends Labor Disputes and Weakens Post-Lockout Bargaining Strength

Yesterday, Ruling Sports discussed why the National Basketball Players Association (“NBPA”) should wait until November, at the earliest, to decertify.  Today’s focus is on how the decertification of players associations adversely affects the bargaining power of players after the conclusion of a labor dispute and extends the length of labor disputes. Labor unions, like the currently decertified NFL Players Association (“NFLPA”) and National Basketball Players … Continue reading There is no “I” in Team: How Decertification Extends Labor Disputes and Weakens Post-Lockout Bargaining Strength

Nuclear November: Why the NBA Players Association Should Wait to Decertify

When the clock struck midnight and the calendar page turned to July 1, 2011, the collective bargaining agreement (“CBA”) between the NBA and the NBA Players Association expired.  The expiration of the CBA entered into between the parties on July 29, 2005 led to a league lockout of players. Over the course of the past eighteen months, the two parties attempted negotiations in an effort … Continue reading Nuclear November: Why the NBA Players Association Should Wait to Decertify