UPDATE NBA LOCKOUT: “Let’s Play Ball” [Tentative Deal Reached]

Say It Ain’t So!!! It has been 149 days since the players & 0wners have been in disagreement over their Collective Bargaining Agreement. As of early this morning, the players & owners have come to a TENTATIVE AGREEMENT that MAY END the NBA LOCKOUT. Now I am hoping that it does end the LOCKOUT. It is tentative but it is looking like it is a very strong possibility that the needed approvals will pass & the season will commence on December 25, 2011. GO LAKERS!!! <<< no HEATERS now LOL

LA Times reports It took 149 days and countless hours of hand-wringing, but the NBA lockout finally appears to be over. Representatives for owners and players pushed back from the negotiating table after agreeing on the framework of a deal early Saturday morning in New York, creating the foundation for a 66th NBA season.

Prospects of an agreement were rocky as recently as last week when the players dissolved their union, but the 2011-12 season was scheduled to start Christmas Day, NBA Commissioner David Stern said. “We’ve reached a tentative understanding that is subject to a variety of approvals … but we’re optimistic that will all come to pass and that the NBA season will begin on Dec. 25,” Stern said at a news conference at about 3:30 a.m. ET Saturday.

There were plans for a 66-game regular season that would last until the final week of April, about a week longer than usual. The NBA Finals could potentially end in late June. A majority of the NBA’s 450 players will have to agree on the new collective-bargaining agreement in a vote, as will a majority of the league’s 29 owners. A 30th team, New Orleans, is owned by the NBA and will vote in favor of ratification. “We’re confident that once we present it [to players], that they will support it,” Billy Hunter, executive director of the disbanded players’ union, said after emerging from the 15-hour negotiating session.

Players and owners are expected to take at least another week to agree on smaller issues such as draft eligibility age and disciplinary items that include drug testing. The NBA had canceled games through Dec. 15, but the Lakers were still scheduled to play the Chicago Bulls on Dec. 25 at Staples Center. Training camp will open Dec. 9, the same day free agency begins, Stern said.

“We’re on an incredibly tight schedule as you might imagine between now and opening on Christmas,” said Adam Silver, deputy commissioner of the NBA. This week showed a surprising turnaround from last week, which started with the players’ union disbanding and ended with players filing antitrust lawsuits against the NBA, claiming the league was unfairly hindering their earning potential. Players are expected to quickly retract their litigation and then reassemble as a union for the ratifying vote. They certainly seemed excited on Twitter.

“LOCKOUT OVER …. About time,” Clippers guard Eric Gordon said. Oklahoma City forward Kevin Durant said he felt like waking up some of his relatives, putting on a Thunder hat and crying. Indiana forward Danny Granger was more reserved: “I’m pretty sure the [players'] vote will happen either [Saturday] or Sunday … let’s all pray this turns out well.”

Until this weekend, players and owners couldn’t close the gap in key areas such as luxury taxes for free-spending teams and salaries for mid-level free agents. For the big-ticket item of basketball revenue, the sides reportedly agreed on a sliding scale in which players would annually receive 49% to 51% of revenue. They received 57% last season.

There is bad news for teams that like to spend: They will be hit with more severe luxury taxes in the proposed collective-bargaining agreement. “I think it will largely prevent the high-spending teams from competing in the free-agency market in the way they’ve been able to in the past,” Silver said. “The luxury tax is harsher than it was in the past deal and we hope it’s effective.”

Silver did not specify the exact new workings of the luxury tax. The Lakers had the league’s highest payroll last season, doling out $91 million in player salaries and another $21 million in luxury-tax penalties. Stern looked like he finally ended one of his darkest off-seasons as commissioner. “We want to play basketball,” he said.

mike.bresnahan@latimes.com twitter.com/Mike_Bresnahan Bresnahan reported from Los Angeles.

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NBA lockout: NBA Fanifesto Website Launched For Disenchanted NBA Fans

LA Times reports — Now 144 days into the NBA lockout, it remains difficult looking for any encouraging signs.

That’s why three-year Indiana Pacers ticket holder Evan Massey recently launched NBA Fanifesto, which includes more than 1,400 fan signatures threatening a boycott should both sides fail to start the 2011-2012 season by Christmas Day. Massey, who declined to reveal his profession and age, talked to The Times about his recent role as the site’s fan outreach coordinator.

On fan feedback

A lot of fans specifically reached out asking if there will be a group effort to boycott the NBA. Some have talked about sending letters to owners and player reps and standing outside of NBA arenas with signs. I don’t know if we’ll go that far, but fans definitely plan on stopping buying NBA products. We don’t think it will make a huge difference, but letting the fans speak their minds to people and giving them some pressure will make them realize the toll it’s taking on the fans.

When you do think these proceedings will significantly hurt the league’s fan base?

That point will come in January if they don’t reach a deal. That means there likely won’t be a season. They will lose the majority of their fans. They’ve had more support the last couple of seasons, but they’re not near the top. The NFL is way above them. I believe 30% of hard core fans and 45% of the casual fans will leave.

On the players and owners

I understand a little bit on both sides. The owners are entitled to a 50-50 split, which the players were against in the negotiations. I don’t see what’s wrong with it myself. The owners are signing the paychecks. As for the players, I understand they want to the system issues tweaked. They both have good points, but neither of them want to talk about them and change their opinion.

If there will be a season

We’ll lose a season. I don’t see the two sides agreeing unless the courts force them. After all this time, I don’t see them losing their demands. They’re entrenched with what they want. After they lose a season and all that money and see what it’s done to their fan support, they’re going to be forced to make a deal. I could see right after the season getting canceled that they go to the bargaining tables and get the lockout done before next year’s draft.

On if he’ll really cancel his Pacers season tickets

If there’s a season, I’l buy some tickets. But if they lose a season, I’ll have second thoughts. If you have a 50- or 60-game season, you’re willing to forgive. If they do that again, there won’t be much damage. But they have to hurry up. –Mark Medina

UPDATE NBA Lockout: Players Reject Owners’ Latest Offer

This is just ridiculous, I really do NOT foresee either of these parties coming to an agreement before December 15, 2011 so that the NBA season can actually commence.

If the PLAYERS took the 50/50 split t would mean they are taking  a 7% decrease (from what the players were guaranteed under their OLD DEAL) & shifting approximately $280 million a year to Owners in BRI (basketball related income).

I understand the frustration and to be honest STERN should have never given them a damn ULTIMATUM (yes, I agree 2y 1/2 rs of negotiations is not an ultimatum but doesn’t mean to say IT!!!) .You just don’t do that when you are in the midst of negotiating an agreement period.

There is a lot of bad blood between the two parties now, will it ever be repaired? or is it too late to even make amends? Do you think the PLAYERS should have take the 50/50 split as long as all of their other concerns were addressed and revised in the proposal? Or do you think they are being greedy? What about the OWNERS did they reach too far, asking for too much?

Sad part is all of the employees that work these venues are unemployed. They don’t have fat ass SAVINGS to fall back on and/or endorsement deals they get paid from, that’s what really breaks my heart. All the LITTLE PEOPLE being effected not the PLAYERS or OWNERS.

ESPN.com reports — NBA players rejected the league’s latest offer Monday and began disbanding the union, likely jeopardizing the season.

“We’re prepared to file this antitrust action against the NBA,” union executive director Billy Hunter said of the union’s potential legal strategy. “That’s the best situation where players can get their due process.”

“ Obviously, Mr. Kessler got his way and we are about to go into the nuclear winter of the NBA.” – NBA commissioner David Stern

And that’s a tragedy, as far as NBA commissioner David Stern is concerned.

“It looks like the 2011-12 season is really in jeopardy,” Stern said in an interview aired on ESPN’s “SportsCenter.”

“It’s just a big charade. To do it now, the union is ratcheting up I guess to see if they can scare the NBA owners or something. That’s not happening.”

Hunter said players were not prepared to agree to Stern’s ultimatum to accept the current proposal or face a worse one, saying they thought it was “extremely unfair.” And they’re aware what this battle might cost them.

We understand the consequences of potentially missing the season; we understand the consequences that players could potentially face if things don’t go our way, but it’s a risk worth taking,” union vice president Maurice Evans said. “It’s the right move to do.”

But it’s risky. The league already has filed a pre-emptive lawsuit seeking to prove the lockout is legal. And it contends that without the union that collectively bargained them, the players’ guaranteed contracts could legally be voided.

Monday on “SportsCenter,” Stern said offer on the table was no ultimatum, but “a revised proposal which met many of their concerns.”

“When you negotiate for 2½ years and finally get to where the parties are … that’s not an ultimatum. That’s a proposal that’s ready to be voted up or down,” Stern said. <<<point taken but you still DO NOT say it OUT LOUD

“The chances of the season slipping away from us and the players losing that they have worked very hard to achieve … it’s really a tragedy,” Stern added. He said the league had anticipated the union’s actions, which was why it filed a lawsuit against the union and a complaint with the National Labor Relations Board. <<<it’s about to get EVEN uglier

“They seem hell-bent on self-destruction and it’s very sad,” Stern said. <<<can’t argue that!

During oral arguments on Nov. 2, the NBA asked U.S. District Judge Paul Gardephe to decide the legality of its lockout, but he was reluctant to wade into the league’s labor mess. Gardephe has yet to issue a ruling.

Stern, who is a lawyer, had urged players to take the deal on the table, saying it’s the best the NBA could offer and advised that decertification is not a winning strategy.

Players ignored that warning, choosing instead to dissolve its union, giving them a chance to win several billion dollars in triple damages in an antitrust lawsuit.

“This is the best decision for the players,” union president Derek Fisher said. “I want to reiterate that point, that a lot of individual players have a lot of things personally at stake in terms of their careers and where they stand. And right now they feel it’s important — we all feel it’s important to all our players, not just the ones in this room, but our entire group — that we not only try to get a deal done for today but for the body of NBA players that will come into this league over the next decade and beyond.” <<<hmmmm?!?!?

Fisher, flanked at a press conference by dozens of players including Kobe Bryant and Carmelo Anthony, said the decision was unanimous.

Hunter said the National Basketball Player’s Association was in the process of converting to a trade association and that all players will be represented in a class-action suit against the NBA by attorneys Jeffrey Kessler and David Boies — who were on opposite sides of the NFL labor dispute, Kessler working for the players, Boies for the league. That lawsuit has yet to be filed.

“The fact that the two biggest legal adversaries in the NFL players dispute over the NFL lockout both agree that the NBA lockout is now illegal and subject to triple damages speaks for itself,” Kessler said in an email to The Associated Press. “I am delighted to work together with David Boies on behalf of the NBA players.”

Stern was not impressed with his legal adversaries.

“The union decided in its infinite wisdom that the proposal would not be presented to membership,” Stern said. “Obviously, Mr. Kessler got his way and we are about to go into the nuclear winter of the NBA.

“If I were a player … I would be wondering what it is that Billy Hunter just did.”

The sides still can negotiate during the legal process, so players didn’t want to write off the season just yet.

“I don’t want to make any assumptions,” union VP Keyon Dooling said. “I believe we’ll continue to try to get a deal done or let this process play out. I don’t know what to expect from this process.”

Hunter said the NBPA’s “notice of disclaimer” was filed with Stern’s office about an hour before the news conference announcing the move.

Hunter said the bargaining process had “completely broken down.” Players and owners have been talking for some two years but couldn’t reach a deal, with players feeling the league’s desires to improve competitive balance would hurt their free agency options.

And beyond that, the owners’ desire for a 50-50 split of basketball-related income, after players were guaranteed 57 percent under the old deal, meant players were shifting at least $280 million per year to the owners.

“This deal could have been done. It should have been done,” Hunter said. “We’ve given and given and given, and they got to the place where they just reached for too much and the players decided to push back.”

Over the weekend, Stern said he would not cancel the season this week. Regardless, damage has already been done, in many ways.

Financially, both sides have lost hundreds of millions because of the games missed and the countless more that will be wiped out before play resumes. Team employees are losing money, and in some cases, jobs. And both the NBA and NBPA eventually must regain the loyalty of an angered fan base that wonders how the league reached this low point after such a strong 2010-11 season.

The proposal players rejected Monday called for a 50-50 division of basketball-related income and proposed a 72-game season beginning Dec. 15. Players are still unhappy with what they believe are too many restrictions for big-spending teams that would limit their free agent options, but Stern said the proposal is far better for players than the one player reps said they would reject last week.

Now likely awaiting the players, should bargaining resume, is a proposal that will call for a 53 percent to 47 percent split of BRI in the owners’ favor, a flex cap with a hard ceiling and rollbacks for current salaries.

On Sunday, the league made a very public push on the positives of the deal — hosting a 90-minute twitter chat to answer questions from players and fans, posting a YouTube video to explain the key points and sending a memo from Stern to players urging them to “study our proposal carefully, and to accept it as a fair compromise of the issues between us.”

In the memo, posted on the league’s website, Stern highlighted points of the deal and asked players to focus on the compromises the league made during negotiations, such as dropping its demands for a hard salary cap, non-guaranteed contracts and salary rollbacks.

Union officials repeatedly have said the system issues are perhaps more important to them than the split of basketball-related income, but owners say they need fundamental changes in both to allow for a chance to profit and to ensure more competitive balance throughout the league.

The previous CBA expired at the end of the day June 30. Despite a series of meetings in June, there was never much hope of a deal before that deadline, with owners wanting significant changes after saying they lost $300 million last season and hundreds of millions more in each year of the old agreement, which was ratified in 2005.

Owners wanted to keep more of the league’s nearly $4 billion in basketball revenues. And they sought a system where even the smallest-market clubs could compete, believing the current system would always favor the teams who could spend the most.

The NBA’s last work stoppage reduced the 1998-99 season to 50 games. Monday marked the 137th day of the lockout; the NFL lockout lasted 136 days.

In its labor battle, NFL players tried to get the courts to overturn the lockout and let players return to work. Although a Minnesota judge initially ruled in favor of the players, that ruling was put on hold by the 8th U.S. Circuit Court of Appeals.

“Given the rulings that came down in the NFL case, which are not binding in the 2nd circuit but would be influential, right now the owners are not in a bad spot,” said antitrust attorney David Scupp of Constantine Cannon in New York City. “It could very well be that the players have an uphill battle toward getting that lockout enjoined. If they can do that, then it might swing things in their favor.”

But time is not on anyone’s side.

“If you look at what happened with the NFL case, that whole legal battle surrounding the temporary injunction was resolved relatively quickly, and it still took a few months,” Scupp said. “There’s not a few months to spare this time around.”

Information from The Associated Press was used in this report.

UPDATE NBA Lockout: Players Are Taking The League To Court

Well, first of all sorry BRON BRON looks like you won’t be getting a RING this year!!! SMH will the Owners budge? Will the Players give in? Could it be that the 2011-2012 NBA season will not commence on 12/15/11…is there any hope?

NBA.com reports —

PROPOSAL REJECTED, ANTITRUST ACTION TO BE FILED

– 2:19 p.m.: In the words of union executive director Billy Hunter, the “collective bargaining process has completely broken down” and the players have refused the league’s latest proposal. They have already begun the process to disband union. But they have not decided to decertify, there is a difference.

The players are filing a disclaimer of interest, an antitrust action against the league within the next two days. In basic terms, they are taking the league to court.

This decision puts the 2011-12 season in jeopardy and obliterates any hopes of the 72-game season that would have begun on Dec. 15 which was in the proposal the players rejected.

Hunter says players were not prepared to accept NBA Commissioner David Stern‘s ultimatum, saying they thought it was “extremely unfair.”

MEETINGS OVER, PRESSER IN MINUTES ON NBA TV AND NBA.COM

– 1:47 p.m.: Meetings over!

Brace yourselves folks and tune into NBA TV and live here at NBA.com to see where things stand after the player reps’ review of the current proposal from the league.

… NOT SO FAST MY FRIENDS

– 1:37 p.m: We thought things were wrapping up in New York when we saw some tweets suggesting that the end of the meeting might be at hand.

But Asch informed us it was a false alarm. Someone mistook a break in the action for the end of the meeting. Oh well, back to what you were doing folks.

As soon as the meeting wraps, though, you need to be here. As my main man John Schuhmann tweeted earlier, if there’s a press conference it will be on NBA TVand right here on NBA.com.

STERN: NO TWEAKS

– 12:09 p.m.: Well, so much for adding a few notes and sending that proposal back to the owners for a few revisions.

NBA Commissioner David Stern said the league was done “negotiating” last week and he meant it. More from Brian Mahoney of the Associated Press:

“I want to answer this diplomatically. The next time we meet to discuss anything, we’ll be discussing the 47 percent proposal. This is it …  we’ve been negotiating this for 2½ years. The owners authorized a revised proposal, and they said if it’s not acceptable and they want to keep negotiating, we present them with a 47 percent, flex cap proposal. They know it.”

This was in response to Mahoney’s question Saturday night asking whether or not the league would accept any tweaks for further negotiations.

That, my friends, is what the good folks at Merriam-Wesbter call an ultimatum!

AGENT(S) STRIKE BACK

– 11:29 a.m.: You had to know a weekend of direct hits aimed at agents representing NBA players would be met with some sort of rebuttal from said agents.

Well, Mark Bartelstein countered, courtesy of Ken Berger of CBSSports.com:, with a straight right of his own:

“If the players are going to make the concessions to address over $300 million a year in a shift in revenue from the players to the owners, the one thing the players should get back is flexibility, freedom, freedom of choice and a more vibrant and free-market system, because it’s a zero-sum game,” Bartelstein said. “Instead, they’re ratcheting down the system in the name of competitive balance, and that’s completely disingenuous.

“A negotiation is supposed to be about making trades,” Bartelstein said. “The biggest part of any negotiation is the dollars. That’s the biggest part of this negotiation. The players are giving the owners the dollars. If the owners are concerned about competitive balance, it can absolutely be handled through revenue sharing. And the myth they’re putting out there that they can’t share losses, there’s no truth to that argument whatsoever. Revenue sharing has nothing to do with sharing profits and losses. It’s about making sure low-revenue teams can have more revenue so they can be more competitive and you can have a better product. That should be done through revenue sharing, not through getting concessions from the players.”

These are scraps we’d rather were not a part of this negotiation, but this is where we are!

SCOLA ROCKS THE VOTE

– 10:37 a.m.: Whatever the player reps decide today, there is no mistaking Luis Scola‘s position on the lockout talks. The Rockets’ big man wants the latest proposal put to a vote of the entire union.

He said as much on Twitter this morning:

At this point I believe that all the players should vote. not only the 30 reps.

Hard to disagree with him at this point. If nothing else, hearing from the entire union (rank and file, middle class and stars alike) would give us all a much better measure of where they stand on this latest proposal.

PLAYERS ARRIVE

– 9:46 a.m.: In addition to the player reps and executive board members in attendance at the meeting in New York today, our very own Steve Aschburner is on the scene with camera (phone) in hand. FULL STORY

Will We Have a Basketball Season? NBA Lockout: Steps To Make A Deal

My thought, is just agree on the damn 50/50 split in basketball related income. More money is being lost, with cancelled games because the two parties CANNOT come to an agreement. It seems that the OWNERS are more unified than the PLAYERS themselves (a lot of sidebar conversations, going on). It has come down to greed, but what is more upsetting is all of the people that are out of jobs (outside of the NBA players) whom are suffering from this NBA LOCKOUT. So far all games for November have been cancelled.

1. Stop the in-fighting. I’m not in a position to assess the accuracy regarding the report from Fox Sports’ Jason Whitlock that says NBA Players Assn. President Derek Fisher made a side deal with NBA Commissioner David Stern to accept a 50-50 split in basketball-related income. Nor am I going to try parsing the statements made from Fisher, players union executive director Billy Hunter and Stern. But the mere fact that these stories emerged indicates there’s a split within the players union.

Peep these tweets from various NBA players, about the lockout & how the 66th NBA season still remains at a standstill. TWEET TWEET

Fisher acknowledged to me weeks ago that it’s harder to keep the players union more unified than the owners since he can’t levy fans and has more constituents in players and agents to please. But the  union’s inability at least to make it appear they are on the same page hurts their cause for a CBA in their favor because the owners know more and more they can cause the union to crack even more.

2. Both sides need to be willing to compromise on basketball-related income. As the New York Times’ Howard Beck recently noted, both sides are actually near a deal, but remain $100 million apart mostly because of their disagreement on how to split $4 billion in revenue. The players union made concessions starting from 57% to 53% to 52.5%, all the way to 52%, and Hunter refused to lower that number in Friday’s meeting. Meanwhile, the owners have offered a 50-50 split three separate times, but the players union hasn’t budged. Each BRI percentage point, as Sports Illustrated’s Sam Amick notes, is worth $40 million for each season. Considering the both sides stand combine to lose about $800 million due to canceled games through November, it’s simply illogical neither side is going to budge.

3. Iron out a few system issues.  That proved to be the union’s strategy last week when it devoted two days of avoiding talk about how to split up BRI. Amick reported both sides agreed on player contract length (shortened six to five years) and an amnesty clause (each team can waive one player under contract for CBA’s duration). But there’s still some unresolved issues. The league is reportedly proposing annual increases of 5.5% for Bird players and 3.5% for non-Bird players, while the NBAPA wants increases of 7.5% and 6%, respectively. Both sides disagree on whether to have early termination and sign-and-trade options. And lastly, the NBA wants a 10-year CBA with an option to terminate after the seventh year, while the players union want that option after the sixth and eighth year. Should any side make consessions on these issues, it might be easier to further bridge the BRI gap.

UPDATE on NBA Lockout: A Player’s View of Owners

EDITOR’S NOTE: Etan Thomas, an 11-year NBA veteran and, as the executive first vice president of the National Basketball Players Association, an active member of the players’ negotiating team, presents a player’s view of the attitude and stance being taken by NBA executives during the lockout. This, from his perspective, is what the owners are thinking. (source: ESPN)

We are the CEOs of the 30 teams in the NBA. We follow the lead of our commissioner, David Stern, and this is our position.

The fans will always side with us no matter what the facts are. They don’t see us as greedy; they see the players as greedy. They don’t see us as being unreasonable; they see the players as being unreasonable. Their anger will turn directly toward the players once they no longer have basketball in their living rooms.

We know fans don’t want to see their favorite teams broken up because of a strict hard cap or an incredibly harsh luxury tax, which is the same as a hard cap. But it isn’t about what the fans want; we plan to impose our will on the players, and the fans will have no choice but to accept the outcome.

We haven’t budged drastically from our original proposal because, quite frankly, we don’t feel we have to. We’re just going to sit back and wait for the players to self-destruct while we stick to our position.

They think their little $300 million-a-year giveback to us will suffice? They think lowering their percentage of basketball-related income (BRI) from 57 percent to 54 percent is good enough for us? Stern was being nice when he called that gesture “modest.”

The majority of us do not want a lockout, being that we are billionaires and do not like to lose money. We also do not believe the players will stick together once they start missing their paychecks. It’s easy for them to speak the language of solidarity and unity now. It isn’t difficult for them to come to our negotiating meetings and take cute little photo ops with their matching “stand” T-shirts now, but we fully expect to see them caving once their paychecks stop coming in. We believe they are going to come crawling back to us for whatever deal we give them, almost like a strung-out addict who will do anything for the next fix. We are the ones who can scratch that itch for them, and they won’t care about the particulars of the deal then. They will just want something so they can return to playing. And at that point, we’ll give them an even worse deal than they would’ve received when they weren’t desperate. And we’re gonna do it because we can. Just like the NHL did to its players in the lockout in 2004-05.

So we’re able to comfortably enter the negotiations from a starting point that’s twice what we’re expecting to get and negotiate our way down to what we really want. And, after achieving our desires, we can make everyone think we actually made concessions. We can give them back things they already had, such as a soft cap and guaranteed contracts; and the media will present us as though we are being flexible.

They want us to come up with a revenue-sharing plan, which has been difficult because the reality is that not all of us want to share with each other. But if we get the deal we want, it won’t be necessary. Every team will be guaranteed a profit no matter what bad decisions we make.

We’re going to stick to our talking points about the system being broken, stress our desire for competitive balance and emphasize that 22 of 30 teams are operating in the negative.

We know the system is just fine if we can properly run and manage our own teams. We know the general managers and presidents and all the people who actually make the decisions are the ones at fault, but we’re going to point the finger at the players for accepting the contracts we give them.

We will stress that a reduction in player salaries stands as the only way to offset our losses. And we want the players to give us back portions of their existing contracts for the next few years.

We know limiting the amount each team can pay its players has absolutely zero correlation to competitive balance.

We also know that if teams controlled their own spending, hired the right people to evaluate talent and made better decisions, they wouldn’t be operating in the red. But that isn’t how we are going to present it to the public. We will divert the attention away from the real crux of the problem.

It’s like in Washington, when one of the political parties digs in its heels and keeps repeating a position just like a mantra until people start to believe it. That’s a brilliant strategy, and we are going to use it: Our system is broken. We want competitive balance. Twenty-two out of 30 teams are operating in the negative. We’ll just keep saying it.

In fact, we’re not even going to entertain the reports by Nate Silver of The New York Times, Forbes.com and Financial World magazine suggesting not only that our claims of massive losses were a bit overstated but that we had actually earned a profit in 2009-10. We’re just going to tell you that our calculations are correct and leave it at that.

We definitely see the contradiction in the fact that after increasing our overall revenue in one of the country’s worst economic periods since the Depression and enjoying skyrocketing television ratings, record attendance and ever-increasing revenues from television rights deals the past six seasons, we are now suggesting the structure by which our league operates overall is failing. We know that multiple successful businessmen, smart enough to make themselves into billionaires, wouldn’t line up to try to buy franchises in a “failing” industry.

We know that if teams could control their spending, they wouldn’t be in the financial predicaments they are in now. Which is why we want the rules to make our bad decisions less damaging. We want the rules to protect us from our own incompetence. We want to be able to come to a player and say, “Listen, we would love to pay you the max. We think you are worth it. But you know what? The rules simply won’t let us.” It takes the responsibility off of us.

We see the irony in teams choosing to blow through their salary caps, then wanting a hard cap to keep them from doing what nobody forced them to do in the first place. We know that the very system Mark Cuban is now against has enabled him to run his team to his preference, no matter what the luxury tax, and win his first championship. We know he enjoys that freedom.

We know that factors such as Hurricane Katrina and the Gulf of Mexico oil spill contributed more to New Orleans’ financial troubles than anything else.

We know that the San Antonio Spurs and Oklahoma City Thunder are prime examples of how, if they’re run properly, small-market teams can be successful through draft picks and proper management.

We also know there is no possible way a small-market team such as Memphis or Minnesota could ever compete with a New York or L.A. when it comes to TV deals, which makes the need for revenue sharing even more apparent. We know that it would take Portland 10 or 11 years to make what the Lakers make from their TV deal in one year.

But again, we won’t focus on that. We can look away from the facts and just concentrate on our talking points.

Our system is broken. We want competitive balance. Twenty-two out of 30 teams are operating in the negative.

We are more than happy that the agents are trying to undermine the union by sowing seeds of dissension and division among the players. They write letters that become public, stressing their doubt that the union has the players’ best interest at hand. If portions of the players begin to lose faith in their union, the waters become muddy, and we can then dominate the situation by adopting the age-old strategy of Sun Tzu’s “Art of War”: Divide and conquer. At first, we were worried about the agents working with Billy Hunter and the union, but, to our pleasant surprise, the opposite has happened.

The agents are under the impression that the answer to moving this process along is the threat of decertification. They feel that this threat will bring us to the table to start negotiating seriously. They believe this is the silver bullet that will save the season, without asking themselves the million-dollar question: What if it doesn’t work? What if they play that card and it does nothing? What if we call their bluff?

The agents fail to recognize what a dangerous game that is to play if we don’t react the way they are hoping we will. Of course we don’t want the union to decertify, but who is to say we will just cave at the mere threat of it?

It’s like the movie “The Breakup,” in which Jennifer Aniston keeps doing things to get a reaction from Vince Vaughn. When he doesn’t react the way she thought he would, it just keeps making things worse.

Agents are naive enough to think decertification can be used as a negotiation tactic. Their expressed desires prompted us to file the lawsuit with the National Labor Relations Board and in federal court. We asked the courts to grant us the legal right to void all existing player contracts if it is discovered that the decertification (if used in the future) is a sham. We know the union has never made any actual threat to decertify, but the potential influence of these agents is a concern for us. So filing a pre-emptive strike was a no-brainer.

We know the union has consistently distanced itself from what the agents are pushing.

But that aside, having the agents plant a seed of dissension among the players is beneficial for us. So the union can bring in DeMaurice Smith in an attempt to keep the players together and convince them that decertification is not the silver bullet the agents have been telling them it is. They can have Kevin Durant claim that the players won’t give in. They can have Carmelo Anthony stress the importance of the players sticking together. They can have Chauncey Billups and Jermaine O’Neal explain how agents need to stay out of the negotiations and that the agents work for the players and not the other way around. They can have Kevin Garnett give emphatic speeches at union meetings. They can have Kobe Bryant telling guys that he will put up his own money to help some of the younger players who are struggling.

And Dwyane Wade can take offense at Stern’s gestures or language in the bargaining sessions all he wants. Once the seed of dissension is planted, it only works to our favor.

If we can get players to fragment and their walls of unity and solidarity to come tumbling down, we will win.

The only fact that is relevant is this: If the players don’t stick together, we will crush them. Period.

Etan Thomas is an 11-year NBA veteran and a poet, author and motivational speaker. You can visit his website at etanthomas.com. (cont.)

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Theme: Esquire by Matthew Buchanan.

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