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Tuesday, November 15, 2011

How far out "nuclear winter" of the lockout?

NBA players have decided to continue the negotiating tactics of football like them to end the lockout. the players union dissolved by the resignation of the dome ( disclaimer of interest ) players are now a trade association and away from be covered by the standard (collective agreement) have decided to use the law (anti-trust law) with two renowned lawyers in charge of the negotiation by basketball players: Jeffrey Kessler and David Boies. Or what is the same: the lawyer who represented football players in its application to the NFL anti-trust and the lawyer who represented the owners and the league in this tedious process.

With this move, breaking the players' union seek to pressure the owners and the judges, according to the present state where the case can be positioned more on the side of the players. But David Stern, NBA commissioner, has warned that "it is a negotiating tactic irresponsible" and that has led to the arrival of "nuclear winter" to paraphrase Kobe Bryant.

Nevertheless, it is expected that before the judges take the matters into lockout, owners and players meet again in search of an agreement to end the lockout as happened in the NFL. Billy Hunter said that "one day or two" a group of players present demand and from there will have to wait for the judges. Have chosen the ' decertification 'union would have been in place about 45 days before the entry of the judges and this time the owners have been able to negotiate. Now, when choosing the process of ' disclaimer ', burn time and you miss a hot potato to the owners.

And now, what are the steps in the nuclear winter? The renowned Gabriel Feldman explains clearly the purpose sought by the players union extinct with this movement: "With the anti-trust lawsuit with the owners of the NBA players look for two things: First, a court injunction that blocked the lockout and force the owners to reopen the League. Second, if they are able to do, seek financial compensation for the economic and financial losses resulting from the lockout.

"That the two great adversaries in the strips between NFL players and owners agree that the NBA lockout is illegal speaks for itself," said Kessler told the AP.

With the two experts from each side of the NFL on his part of the NBA players rely on being in good hands because they know perfectly well what was the process followed by the football players when on 11 March, the trade union (NFLPA ) informed the NFL that failed to represent the players. The dome resigned way 'disclaimer of interest' , as has happened in the NBA. Also, NFL players have ratified this decision in an informal vote that would have been equivalent to the dissolution of the union via 'decertification' . Next, the players created a new committee to represent them as a partnership and not as a union. In the NBA will follow the same steps.

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