The NBA filed two claims today against the National Basketball Players Association: an unfair labor practice charge before the National Labor Relations Board, and a lawsuit in federal district court in New York. The unfair labor practice charge asserts that the Players Association has failed to bargain in good faith by virtue of its unlawful threats to commence a sham “decertification” and an antitrust lawsuit challenging the NBA’s lockout. The federal lawsuit seeks to establish, among other things, that the NBA’s lockout does not violate federal antitrust laws and that if the Players Association’s “decertification” were found to be lawful, all existing player contracts would become void and unenforceable.
“These claims were filed in an effort to eliminate the use of impermissible pressure tactics by the union which are impeding the parties’ ability to negotiate a new collective bargaining agreement,” said NBA Deputy Commissioner and Chief Operating Officer Adam Silver. “For the parties to reach agreement on a new CBA, the union must commit to the collective bargaining process fully and in good faith.”
Update: In response to the above, here is a statement from NBPA Executive Director Billy Hunter regarding the legal actions filed by the NBA: “The litigation tactics of the NBA today are just another example of their bad faith bargaining and we will seek the complete dismissal of the actions as they are totally without merit. The NBA Players Association has not made any decision to disclaim its role as the collective bargaining representative of the players and has been engaged in good faith bargaining with the NBA for over two years. We urge the NBA to engage with us at the bargaining table and to use more productively the short time we have left before the 2011-12 season is seriously jeopardized.”