NBA Lockout: Players Reject "Ultimatum," Plan to Decertify

Today, Billy Hunter and the players announced that they would reject the latest offer of the NBA's Collective Bargaining Agreement, calling it an "ultimatum" and unanimously deciding that the best decision "for the players" is to serve a notice of disclaimer to disband as the NBA Players Union and become a trade association. 

Billy Hunter, NBPA Executive Director said the players weren't ready to accept the "ultimatum" where they had to "accept their (the owners) proposal or confront a roll back to 47 percent."

"We have negotiated in good faith for over two years, and we have done everything anyone could reasonably expect of us, particularly when you look at the number of give backs and concessions," Hunter continued, "but the players just felt they had given enough; that the NBA was not willing or prepared to continue to negotiate, that things were not going to get better, that the NBA was going to continue to reach and grab."

Martin announced that they had combined their counsel, Jeffrey Kessler with David Bioes, who was lead counsel for the NFL (the league, not the players) in their anti-trust suit. The players feel the best way to proceed is to convert the NBA Players Association into a trade association. 

Derek Fisher, president of the NBAPU, said that, "We as a group of players, after two years of making a genuine and concerted effort to close a collective bargaining agreement with our teams and with the leagues—we've come to a conclusion today that that process has not worked for us. It has not put us in a position to get that a fair deal that we've been working to try and complete."

According to Fisher, this was a unanimous decision—that every player rep was in favor of this action. 

What this means primarily is that this now will be an issue that is going to be carried out between lawyers and courts. 

A disclaimer, per Martin, said that the difference between a disclaimer and decertifying is that filing a disclaimer is immediate and doesn't require a vote. Martin expected the lawyers would file an antitrust suit within the "next two days" and possibly this afternoon. 

To decertify would take 45 days. This expedites the time process. 

Also, rather than an injunction, this would be asking the courts to ask for a summary judgment. Hunter indicated that the players may be seeking damages for the losses they had an incurred as a result of the lockout. 

If you're looking for the bottom line, what this means is that it's bad news if you were anticipating an NBA season.

The optimism that existed last season is gone. Talks have broken down completely and this is now a legal action.