Thy Brothers Keeper: Chris Paul

Slowly…….the integrity of the foundation was rocked and a battle was waged by a divided front.  The lines were drawn in the sand and the loss was inevitable and the strategy of divide and conquer was in full effort despite efforts to have it avoided.  The National Basketball Players Association (NBPA) had crumbled under the pressure of the Labor Dispute of 2011 and infighting born from distrust.  Union Director Billy Hunter and Union President Derek Fisher were in the midst of their own personal war but the timing couldn’t have been more wrong.  As the owners led by NBA Commissioner David Stern were shredding the details of the previous Collective Bargaining Agreement, Derek Fisher was waging a personal campaign to take down the man who had successfully protected the players of the NBA since 1996.  Despite the fact that Hunter wasn’t perfect and Fisher had legit beef, the timing again was oh so wrong and the owners smelled blood which resulted in the players relenting on a deal that was considering one of the worst in modern history of NBA Labor Agreements.  The conflict left the owners richer, the players poorer, Hunter ousted, and Fisher continuing his battle with Hunter via the justice system.  It was as if a nuclear winter had engulfed the NBPA…….but there is hope.

Christopher Emmanuel Paul, considered by many as the greatest floor general in the NBA today, was  elected (August) to replace Derek Fisher as the President of the NBPA.  The election of Paul was truly a shocker as veteran Roger Mason Jr. was considered unchallenged for the prestigious position.  Mason Jr. would have represented the old guard, another journey who’s biggest claim to fame was the Presidency, another role player who wouldn’t strike fear in the hearts of the owners as the voice of the players akin to Michael Curry and Derek Fisher.  LeBron James flirted with the idea of running as Union President, Kobe Bryant would have been the owners worst nightmare in the role but it is Chris Paul who was born for this honor.  Chris Paul has always been “that guy”, the guy whose voice stands taller than his stature, the guy who was chosen by his peers to lead them off the court as well as on the court through the nuclear winter unleashed by the battle between Derek Fisher and Billy Hunter.

Only a few days into his presidency, Paul had reportedly lined up issues that he’d like to see changed, most notably HGH testing in the NBA, maintaining the current state of the NBA’s dress code and the elimination of flopping fines.  Those hot button issues and the potential of the their outcomes to swing in the favor of the NBA players would already set Paul a part from Derek Fisher who did virtually nothing in the role to advance the cause of the Union in the eyes of the owners.  Fisher driving force as Union President was personal gain, Paul’s is to serve and protect based on a foundation that was instilled in being as a child from his parents and grandfather “Papa Chilly”.  Paul would grow up spending summers working at his grandfathers Chevron service station rotating tires, changing air filters, and operating the register and even while in school, Paul demonstrated great leadership ability by being voted student class president during his high school years multiple times.

Chris Paul is without question the embodiment of what the NBPA needs as a leader, a franchise player  who’s prepared to go to battle and look out for his brethren.  With no secret agendas, Paul will set forth the motion of a united front, one that the NBPA hasn’t seen since the NBA lockout of 1998/99.  Is he thy bothers keeper?

“I think I have a lot of experience, being around and knowing what’s going on,” Paul said in the presser following his ascension to President. “Moving forward is not about me or any one person. It’s about the players as a whole. It’s going to take a lot of work, but we have a great executive committee, a great group of guys who are ready to move forward.”

The notice........has been served. 

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When Power Corrupts: The NBPA

I was always taught to never bite the hand that feeds you and it's a life lesson that's ingrained into my being.  When leagues are battling against unions in sports, the league usually wins but if the union isn't strong then the league can impose its will with much more force and that's what the NBA's Players union experienced during the summer of 2011.  During the last NBA lockout, The Hardwood Nation broke away from the media glossed lockout coverage and delivered the following truths to fans of the NBA all around the world:

1. The NBA Lockout was owner imposed
2. NBA Players never asked for more money
3. The owners wanted to crush the will of the NBA's Superstars
4. Union Director Billy Hunter and President Derek Fisher were at odds 

The tension between Union Director Billy Hunter and Union President Derek Fisher could be seen for miles.  Once strong allies, the pressure of delivering the best deal to their players grew on both but it was Fisher who caved first.  After months of tense negotiating sessions, it was Derek Fisher, who according to reports, was ready to deliver an owner friendly side deal to end the lockout and make himself out as the hero while Hunter fought for the principle in the matter and wanted to hold the owners to the agreement that they fought so hard to secure in 1998.  Mainstream media (ESPN) delivered to its fans NBA friendly lockout coverage due to the two entities being business partners.  During 2007 the NBA signed a contract with both ESPN and TNT that would pay the league $930 million a year through the 2015/16 season.  At the time of the signing, NBA Commissioner stated the following:

"I consider this to be a wonderful vote of confidence by our very sophisticated network partners who are making such a substantial and long-term commitment," NBA commissioner David Stern said.

The truth was never going to properly be told, there was too much money involved to keep it under wraps.  The NBA owners wanted the infighting in the union to continue because they knew that they could easily defeat a fracture union and it continues.  

After denying reports of tension, Union President Derek Fisher finally displayed his true colors by accusing Union Director of wrong doing and hired an independent firm to investigate Hunter.  Fisher also went as far as to threaten legal action against anyone in the media who spoke out against him i.e. Jason Whitlock of Foxsports.com.  So wait, you accuse someone of wrong doing but when your motives are called out you threaten legal action.......ok?

It was April 15th when Fisher hired the services of Paul, Weiss, Rifkind, Wharton & Garrison to investigate the Union's business practices in hope that he would find illegal wrong doing on the part of Hunter so that he could be ousted.  Nine long months later Paul, Weiss, Rifkind, Wharton & Garrison, released their finding to the world.  

Our first objective was to identify potential criminal wrongdoing.  After an 
exhaustive review of tens of thousands of pages of  documents, including years of Union 
financial records and emails, and after evaluating statements made by more than three dozen 
witnesses, we conclude that the evidence does not show that Mr. Hunter embezzled or stole 
money from the NBPA.  

But our inquiry was not confined to criminal misconduct.  We have 
concluded that, at times, Mr. Hunter took actions that were inconsistent with his fiduciary 
obligations to the NBPA, displayed poor judgment, paid little attention to the appearance of  
impropriety that his conduct could foreseeably create and did not properly manage conflicts of 
interest.  We cannot say that he alone was responsible in all instances for these missteps, for we 
believe that the NBPA lacked important systemic controls involving basic principles of corporate 
governance, including the management of self-dealing transactions, and that other Union 
representatives did not always satisfy their own responsibilities.  Yet as the chief executive 
officer of the Union, Mr. Hunter stands responsible for ensuring that such controls be put in 
place.  In this important task he failed.



Never told the Union’s Executive Committee or Player Representatives 
that his current employment contract, which was executed in 2010, was 

not properly approved under the Union’s By-Laws, even though by at least 

November 2011 outside counsel to the Union had told Mr. Hunter that the 

necessary approval had not occurred and remained necessary; 

Obtained the Union’s agreement to pay him $1.3 million for accrued but 

allegedly unused vacation time (146 days) without adequate independent 

review of underlying records and without securing independent advice for 

the Union on its obligation to make the payment; 

Involved family and friends in Union business as employees or vendors 

without full disclosure and the disinterested approval of the Union’s 

officers and directors; and 

Created an atmosphere at the NBPA that discouraged  challenges to his 

authority, including by allowing the Union’s former General Counsel, 

Gary Hall, to stop former Secretary-Treasurer Pat Garrity from speaking 

freely about conflicts of interest to the Executive Committee.

Considered what would have been a risky investment  of millions of 

dollars in ISN Bank, a failing financial institution, without disclosure to 

the Executive Committee that his son Todd was then  a director of the 

bank, and spent more than $80,000 in due diligence  expenses before 

abandoning the transaction; 

Approved a payment by the Union of approximately $28,000 to cover 

personal legal fees incurred by Charles Smith, the  former Executive 

Director of the National Basketball Retired Players Association 

(“NBRPA”); 

Made questionable choices when charging travel expenses to the Union, 

which at a minimum create the appearance that he has taken undue 

advantage of the discretion he possesses to travel  to destinations of his 

choosing; 

Pursued speculative and, for the Union, atypical business ventures as 

potential investments; 

Spent Union funds on luxury gifts for Executive Committee members, 

including nearly $22,000 for a watch he gave to Derek Fisher in 

June 2010; 

Failed to observe principles of proper governance at the Union, including 

by neglecting to ensure that the NBPA’s By-Laws were followed and 

appropriate systems were put in place to safeguard against possible misuse 

of Union funds, conflicts and similar risks; and 

Ran the NBPA Foundation (the “Foundation”), a separate entity through 
which the Union supports various charitable organizations, without regard 

for its by-laws or governance standards applicable to non-profit entities. 

It took 9 long months and $4 million spent by the NBPA for the conclusion that Billy Hunter didn't commit anything criminal, hired his son's law firm to receive  the "family discount" on the Union's end and used $22,000 to buy former partner and one time friend Derek Fisher a luxury watch.  This seems to be much to do about nothing and it's ridiculous in its core.  Make no mistake about this was an unnecessary power struggle, one that didn't have to happen.  

If anyone has done anything shady here it's Derek Fisher.  Does one remember when Fisher played for the Dallas Mavericks for a grand total of 9 games earlier this season before abruptly walking away?  Any player on the Players Union must be an active player in the league for any given season....translation....Fisher used the Mavericks to maintain his position of power on the NBPA Executive Committee for another season to finish his unwarranted his on Billy Hunter.

Maurice Evans, 34, was the Executive Vice President of the NBPA and third on the totem pole behind Hunter and Fisher.  He was perhaps Hunter's greatest supporter on the executive committee and he recently spoke with Jason Whitlock about the apparent power struggle and the desire of Derek Fisher to see Hunter relieved.  Evans also touched on why he thinks he's not currently employed in the league after 9 years of being a reliable role player.  

“I give (Derek) a round of applause for being able to pull off this stunt and pull the wool over everyone’s eyes,” Evans said. “If he wants the union that bad — let him and Ron Klempner and Jamie Wior — they can have it....Without a doubt, I know me not being in the league has something to do with my support of Billy Hunter.....I’m fully comfortable not playing in the NBA ever again....They excommunicated your boy,” Evans said. “They took my tickets, took my little status as executive vice president.”

Evans didn't hold back the punches and even went for the jugular of Derek Fisher and how he used the Mavericks as I mentioned earlier.  

“They were able to circumvent (the system) by putting him on a team for a day and a half so he could be reinstated as president,” Evans claimed. “I don’t know who (are) the powers that be to put that in place, but D. Fish was only on the Mavericks this year so they could pull this stunt off, so they could get Billy Hunter out of office.”

Once the NBA Lockout of 2011 had ended, The NBPA executive committee voted 8-0 to have Derek Fisher removed from his position of power as many worried about his relationship with David Stern.  If Fisher was voted out, how was he able to maintain his position, shouldn't that be investigated as well?

“Of course (the players) have questions about Derek,” Evans said. “But Derek has done a great job of being on the offensive and only pointing the finger at Mr. Hunter. (Derek) has been busy throwing darts and throwing dirt at (Hunter) that nobody has ever taken the time to stop and ask what is Derek’s motive. What really went on in Dallas that he left to go and say now all of sudden he has family issues, he misses his family?  Now all of sudden what really happened? We voted him out 8-0 as president and yet he still stayed on, didn’t blink twice and came back with Paul-Weiss, and now they’re running the union.”

The members of the NBPA will meet Saturday afternoon and determine the fate of Hunter without Hunter being there to defend himself.  Last week Hunter wasn't allowed to enter his office in New York and was escorted away.  This is a mess and there's wrong doing on both sides.  Derek Fisher should not be allowed to have the final say in the fate of Hunter and Fisher himself should be held accountable to attempting to throw the NBPA under the bus during the Lockout of 2011 and also for this witch hunt. Using treacherous tactics and wasting $4 million of the NBPA's money to find no illegal wrong doing is absurd and a complete misuse of time and resources.  If Hunter is indeed removed later today, Fisher must be removed as well and the entire NBPA must be reformed as a more stable and united core because if not the owners will run rough shot over the NBPA again and the results could prove disastrous for the game that we love.  

Presentation to NBPA Mid Winter Meeting 2013

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A Nuclear Winter: The NBA Lockout of 2011

      "We are about to go into the nuclear winter of the NBA."   David Stern

After the news surfaced yesterday afternoon that the players had rejected the latest proposal from the NBA and was headed towards a dissolution of the Players Union, NBA Commissioner David Stern took to the airwaves with an 11 minute interview on ESPN, the worldwide leader in sports.  Quite frankly, Stern can take to the air whenever he desires based on the fact that ESPN, Turner Sports, and ABC Sports are all partners of the NBA, not the players, but the NBA entity.  During the "winter" months, a significant chunk of their programming is dedicated to the coverage of the NBA, use NBATV as an example which is owned by Turner Sports, the majority of their NBA coverage now is based on the greatest playoff games which can't feature any current player in the NBA due to the lockout, can you say plan b.  Knowing that the media outlets mentioned above are partners, wouldn't one come to the conclusion that since Stern
is the head of the snake, then they are all promoting his message and not the message of the soon to be defunct Players Union?  

David Stern

The NBA ran a massive media public relations fest in the days leading up to yesterday, spreading the owners side of the story and forcing the will of David Stern onto mindless viewers.  Headlines showered the Internet in bold lettering stating that the players had rejected the latest proposal but I implore you to take a moment and think of this.  During negotiations there's the two entities and they are supported by their lawyers, a proposal is created and brought to the table by both sides, both sides can accept or reject said proposal, both sides can modify said proposal until an agreement between both sides is reached.  I question why it is that the media always broadcasts when the players have rejected a deal but never when the owners have rejected a deal.....take a second and let that soak in.  Have you ever once heard about the owners rejecting a NBPA proposal?  A fair and balanced message is not being sent out and it's swaying the public opinion in a negative manner thus the truth is out there, you just have to actually do a little work to find it.  Foxsports columnist Jason Whitlock has spoken the truth about this current lockout since its inception and not just the players point of view, he has covered all angles.  Myself and The Closer have shed light on some of the injustices of the lockout and The Real NBA has seen record growth over the off-season due to our complete coverage of the lockout......the truth is out there.

What does a "Disclaimer of Interest" mean for the future of league?

Fisher and Hunter

By filing a disclaimer of interest, the Players Union is dissolved and it allows the players of the NBA to file an antitrust lawsuit against the league with the federal court and the players have stated that they will file the suit within the next 48 hours.  Billy Hunter and Derek Fisher addressed the players last night with a letter explaining the legalities of the current process.  The court proceedings could be lengthy and that has brought many to the conclusion that the entire season will be lost but even with that said there's still a small window of opportunity for the two sides to come together, make a deal and allow us, the fans to at least enjoy a 50 game season.  There is a faction of players who are willing to take the route of decertification which would give Billy Hunter and David Stern 45 days to continue to negotiating a deal until the future of the union comes to a vote.  Instead of one antitrust lawsuit, decertifying the union would allow for all 450 players to bring lawsuits against the league individually which would put an incredible amount of pressure on the owners and David Stern.  

At this point in time no one knows what the future holds for the NBA so I am not going to pretend as I do.  I will only say that I believe in what's right and if the players had gone on strike for more money I would have been on the side of the owners without hesitating but what we have here is highway robbery plain and simple.  I stand by the players 100% and if the season has to be canceled in order for this injustice to be fixed then so be it.  All the players have asked is to just play under a system that's fair, not a system that only has the interest of the owners in mind.  The league was built off of the productivity of the players past and present, Wilt-Russell, Magic-Larry, MJ against the greats of the 90's and today the game is driven by future Hall of Famers like Kobe, Wade, James, Howard, and Paul.  They are fighting the good fight and not just for themselves but for players past and present.  They won't cripple the future for the current rookies and players to come nor will they spit on the players of the past who'd sacrificed and battled the NBA in past labor negotiations.  The current NBA players are the caretakers of the game and are shouldered with the responsibility of protecting their contemporaries past, present, and future.  This too shall pass for the NBA and its players shall have life once again.

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Read the latest NBA Proposal to the players

Latest NBA Proposal

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50/50: The NBA Lockout of 2011

Film 50/50

   What does one think of when they hear the phrase 50/50?  Do they think of the percentage that 50/50 represents, yes or no, right or wrong, or even life or death?  Do they think of the film that opened on September 30th that featured the likes of Joseph Gordan-Levitt and Seth Rogen which was based on the life of the film's screen writer Will Reiser who had a bout with cancer?  At this point in time neither of those things come to mind if someone were to ask me what 50/50 represented and yes I do acknowledge that this month we are celebrating Nation Breast Cancer Awareness Month as both of my parents have had their own bouts with that terrible disease.  What comes to mind when I hear 50/50 is the owners of the NBA forcing the players of the league to accept a 50/50 split when it comes to Basketball Related Income "BRI" in exchange for allowing the players to resume their careers in the NBA.

One thing that I would like the casual NBA fan to understand is that this isn't a player strike.  The players of the NBA would rather
be out playing basketball as evident by the number of exhibition games that have taken place throughout the summer.  A few months back when I wrote Perception or Reality I had every reason to believe that the owners, the caretakers of the game, would come to an agreement with the Nation Basketball Players Association "NBPA" without any form of significant blood loss but I just found out how wrong I was.  The majority of owners are driven by the urge to turn a profit rather than supply the fans with the game we love.  The reality is that this lockout is about Greed as the Closer so eloquently stated with his piece The Lockout is Called Greed, but it is the greed of the owners and not the players.  Instead of the owners taking personal responsibility for their own actions by just showing restraint, they have painted this picture of the greedy player who'd rather sit out a season than take a 50/50 split.  At this point in time where 22 of 30 NBA franchises allegedly incurred financial loses, the players earn 57% of BRI and they have offered to lower that percentage to 53% during recent discussions between the Owners and the Players union with each 1% representing about $40 million dollars.  With that said, the players have already given up about $160 million dollars.

Adam Silver

Just a mere hour ago, word broke on twitter via Ken Berger of CBS that the NBA has refused to meet with the Players Union before Monday's deadline of having regular season games lost if the players don't agree to a 50/50 split of BRI beforehand.  In many facades of life, a 50/50 split may sound fair but consider this for a moment, how fair is a 50/50 split when it is being divided between 30 owners and 450 players?  The Players  Union is trying to set a meeting up at this very moment but the owners are being extremely closed mind at this time, again they are the supposed to be the caretakers of the game we love but there's more.  The average career of a player in the NBA is 4.5 years and to that player, the non superstar, the lockout means even more;  a 50/50 split would represent about $280 million in loses for the players over the course of their playing career.  As of now, the first two weeks of the regular season are scheduled to be canceled Monday when the league office in New York reopens and NBA Deputy Commissioner Adam Silver recently commented on today's news:


“What we told the union was that we were not prepared to negotiate over the B.R.I. split beyond the 50-50 concept that had already been discussed.......the league was prepared to continue negotiating over the many other issues that remain open”

The issues that remain open are the salary cap system, the length of future contracts, and the luxury tax.  

Perhaps the saddest thing of all in this situation is that the owners of the NBA are taking advantage of the public interest, most of the casual fans could care less about the NBA and there's more sinister causes behind that at play but in a time where America is facing it's largest economic crisis in decades, public interest in the plight of the players is vacant.  The sentiment is that players should sell their collective souls to the wants and desries of the owners and gravel at their feet, begging for their jobs back.......I think not!  Just a week ago during a negotiating session it was widely reported that Dwyane Wade of the Miami Heat had a heated exchange with NBA Commissioner David Stern and asked him not to speak to the players as if they were his children.  

Derek Fisher & Dwyane Wade

As insignificant as it was to some, it was a power statement for the players.  In all my years of following the NBA, I've never seen nor heard of someone firing back at Stern, especially to his face as Wade had done.  After news of the exchange broke, Media Personality Bomani Jones tweeted that D-Wade is a G because he knows as do I that no one has stood up to Stern during his tenure as NBA Commissioner.  What made Wade's stance so powerful is that he represents the selfless NBA player who'd sacrifice for the benefit of winning.  Wade could have earned the "Joe Johnson" contract of $119 million over six years but instead he made the sacrifice of around $19 million to allow the Miami Heat to sign Lebron James as well as Chris Bosh in an effort to win another NBA title, a title that Joe Johnson is still searching for.  Wade is arguably the third greatest shooting guard in the history, only behind Kobe Bryant and of course Michael Jordan and there he was standing up to perhaps the most powerful commissioner in sports.....David Stern.  In a room with players Lebron James, Carmelo Anthony, and Paul Pierce, it was Wade's voice that resonated the loudest, coincidence, I think not.  Wade was not only protecting himself, a franchise player but he was also protecting the role players of the NBA, the little guys, the hard workers such as teammate Udonis Haslem.  His voice needed to be heard, his passion needed to be felt.  

In various life situations I often ask myself, What's the endgame?  As of now we know, the first two weeks of the regular season will be canceled come Monday if some miracle doesn't happen between now and then and it's widely believed that the players are willing to sit out the season rather than take a deal that they are being strong armed into accepting.  So how will this all end?  At this point in time I only have one answer; as Al Michaels once famously asked "Do you believe in miracles?", my answer would be a resounding yes I do!   

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Fisher's letter to the NBA Players in response to the Agent's letter

Guys,

I write to you from New York where we have had the most recent negotiating sessions, the latest one today. I wanted to keep everyone in the loop on the events of the past few days and since my last update.

Before I update you though, I must comment on a letter that has been brought to my attention and drafted by a handful of agents representing you. The letter which I personally read this morning is to their players and had planned to release this afternoon/evening. Your agents represent you, there's a loyalty there and I can appreciate that. I'll never question it, the work they do for you, or the decisions you and they make together. The letter however includes misinformation and unsupported theories.

As you would imagine, the agents are not aware of my seeing this ahead of its release. As a player myself, I know that each player should read everything we can. My emails, media reports, letters from their representation, to form an opinion on the situation. Educate yourself, ask questions, do it all. But not all of what you read is fact, you know this, I know this.

One issue I need to again be very clear on...nothing can be accepted without a vote by the players. If and when there is a proposal that we feel is in the best interests of us as players, each of you WILL have the opportunity to vote in person. It's in the union bylaws, it's not up for negotiation. You will have the

opportunity to see the full proposal before you agree, you will be able to challenge it, question it, anything you feel appropriate in order to know that this is the best deal for you and your fellow players.

As far as the negotiations, quite a few guys came out for the meeting on Friday. We met as a group first where we updated the players on the league and owner's position which I have briefed you on previously. Everyone in the room was in agreement, we have been more than fair in our proposals.

We then continued into the meeting with David Stern, Adam Silver and the Labor Negotiations Committee including: Jeanie Buss, Peter Holt, Clay Bennett, Jim Dolan, Larry Miller, Robert Sarver, Bob Vanderweide, Glen Taylor and Mickey Arison.

It was there that we discussed details of proposals and continued to reiterate our position on several key economic and system issues. At the conclusion of the day's meetings, yet again, it was agreed by the players present, we will continue to negotiate in good faith but what we have offered thus far is fair and reasonable.

Talks continued Saturday and again today in smaller groups.

Tomorrow, as you may have read, will be another larger negotiating session. Everyone in the regional meetings, Friday's player meeting, and throughout this process has been in support of the position the NBPA has taken. We go into tomorrow's meeting strong, remaining steadfast on the issues we will not be able to move away from. Anyone saying different is not privy to the meetings and is uninformed.

Keep the questions, comments and suggestions coming. Stand united.

Derek

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Agents letter to NBA Players: NBA Lockout 2011

Dear Player,

I am writing to you because the negotiations between the NBPA and NBA owners are at a critical
stage.  You must take action and protect your rights.
Your Voice Must be Heard
Any deal you and the owners agree upon will have a major impact on you, your family, and your
career.
·      Educate yourself on the specifics of the negotiations and proposals that have been made.
·      Demand a full vote by all players on any proposed deal between the players and owners.
·      Contact the NBPA to ask questions and speak out about the issues that will directly impact
you and your family.
The Current Proposal Hurts Your Earning Potential
The NBA demands deep cuts and major “givebacks” that will cripple your earning potential and
the earning potential of every future NBA player.
·      The NBPA offered to reduce the players’ share of BRI from 57% to 52%.  This will result in
a transfer of over $200 million per year or a minimum of $500,000 per player back to the owners.
o   This results in at least 8% or more of your salary being withheld by the owners each season

through the escrow withholding.  This applies to all contracts, including contracts signed before
the lockout.  You may never receive this money back.
·      The owners demand mandatory reductions in all player salaries in addition to the escrow
withholding, including “claw backs” from all existing contracts by as much as 10% per year.
o   With an 8% escrow and a 10% “claw back,” each player will likely return 15 - 20% of his
salary to the owners at the end of each season.
·      A reduction of the players’ share of BRI to 52% will result in severe restrictions on free
agency and your ability to obtain your true market value.
o   Every NBA team’s Salary Cap will be significantly reduced, leaving teams with much less
Salary Cap room to sign free agents.
o   Teams will possess all of the leverage because there will be fewer teams competing for your
services.
o   Players will compete against each other for shorter and smaller contracts than the contracts
that were available under past systems.
o   A reduced salary cap reduces the Maximum Salary.
o   The NBA demands a reduction in the Mid-Level Exception salary and contract length as
well as new limitations on Bird rights.  This will severely restrict usage of these very important
exceptions and harm your ability to negotiate a fair contract.
Refuse Any Deal that Excludes the Players from the Explosive Growth of the NBA
The owners demand a long term deal with the players but do not want to share in the tremendous
growth and success of the league over the past six seasons.
·      Over the past six seasons:
o   The NBA enjoyed record attendance, sky-rocketing television ratings, and ever increasing
television rights deals;
o   NBA franchise values have continued to escalate and set records (compare the sales of the
past six years to previous sales); and
o   International growth is rapid and constant with a growing worldwide television audience and
more games played internationally.
·      During the 2010-11 season, the NBA experienced its highest revenues ever.
·      Demand to see the complete financial records of the owners over the past six seasons,
including their related entities (such as regional sports networks and arenas).
Never Respond to Ultimatums or Threats– Stand Strong for Your Principles
The owners will threaten a doomsday scenario, but you must not yield to their ultimatums or
threats.
·      The NBA seeks unprecedented and unjustified changes to the collective bargaining
agreement.
·      Do not acknowledge “scare tactics” and fight to achieve your goals.  You fought your entire life to reach the NBA and must not let your right to receive fair compensation be taken from you
now.
·      Careers are short with limited time to maximize your earnings and limited opportunities to
share in the money you help generate for the league.  If you don’t fight to preserve your rights
now, you will pay the price in each pay check you receive for the rest of your career.
·      It is your career, your family, your income, your future. What will you do?
Participate in the Process and Protect your Individual Right to Bargain
When the time comes, you must demand that the NBPA submit any proposed agreement to a vote
by all NBA players and provide every player with a reasonable amount of time to review and
consider the proposed deal. We urge you now to become involved and educate yourself.
Knowledge is power!
  Contact the union to educate yourself and fight for what is important:
·               No further reduction of the percentage of BRI received by the players.
·               Maintain existing structure of the Bird and Mid-Level Exceptions.
·               No reduction in Maximum Salary from existing levels.
·               No reduction in Contract Length from existing levels.
·               No changes to Unrestricted Free Agency and improve Restricted Free Agency.
Any deal must include these points.  Remember, it is not about when or how fast a deal is
reached, it is about taking the time to secure the best deal.
We are here to support you. We welcome the opportunity to address any questions or concerns
you may have.

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