Mike Monroe On The Lockout

[Way Of The Ray <wayray@ix.netcom.com>]

                 Keys to lockout missing again

                 By Mike Monroe
                 Denver Post Sports Writer

                 Nov. 26 - The NBA and the union that represents its
                 players are back to doing what they seem to do best:
                 Pointing fingers of blame at one another.

                 They definitely aren't trying to negotiate a new
                 collective-bargaining agreement that could end the
                 lockout that now has gone on for 149 days and that soon
                 could bring cancellation of the entire 1998-99 NBA
                 season.

                 A negotiating session that had been scheduled for
                 Saturday, one union chief Billy Hunter said his side had
                 been prepared to carry on until an agreement was reached,
                 has been canceled. There are no plans to resume talks.

                 In the aftermath of the cancellation, the union pointed
                 squarely at the NBA. The league countered with accusatory
                 charges of its own.

                 The dispute now looks more like a playground spat between
                 two 6year-olds than a labor-management debate about how
                 to split nearly $2 billion in basketball revenue.

                 "As we try to analyze why (Saturday's negotiating session
                 was canceled),'' Hunter said, "the only conclusion I can
                 arrive at is they are trying to play mind games with our
                 players: get expectations up, snatch the rug out, and
                 start all over again.''

                 Asked directly if he believed the league was bargaining
                 in good faith, Hunter replied, "I would have to say no.''

                 Hunter said the league had given the union an ultimatum
                 for Saturday's resumption of talks: that the union would
                 have to agree to three issues as a precondition to the
                 meeting.

                 "We would not agree to the preconditions to meet,''
                 Hunter said. "Russ (NBA deputy commissioner Russ Granik)
                 then informed me that, as far as he was concerned, there
                 was no need to meet, and he considered it not worth the
                 effort.

                 "Our players are inclined to meet and function with the
                 greatest urgency and bring an end to the current lockout,
                 but we're obviously not going to negotiate with a gun to
                 our head.''

                 Hunter's message, delivered during a national media
                 teleconference, brought an angry response from the
                 league. NBA attorney Jeff Mishkin said the union
                 leadership "continues to make a mockery of the
                 collective-bargaining process at a tragic economic cost
                 to its members.''

                 Both sides had acknowledged progress made in a 14-hour
                 negotiating session last Friday, and all concerned
                 anticipated Saturday's resumption of formal negotiations
                 soon would lead to an end to the lockout.

                 The trouble began when Kessler first told The Associated
                 Press a league proposal that the signing rules relative
                 to free-agent signings be changed. Then Kessler informed
                 Granik the union had misunderstood aspects of the
                 league's latest proposal.

                 Suddenly at issue: Details of an agreement made last
                 Friday in the marathon session, as well as Kessler's
                 public pronouncement the timing rules were a "deal
                 killer.''

                 In a letter Granik sent Tuesday to Hunter, the NBA said
                 there was no point in resuming talks unless:

                * The union agreed to the league's version of disputed
                 details of a so-called backup tax that would supplement
                 funds collected from the players' pay under a previously
                 agreed-upon escrow plan.

                 The league contended the union had expressly agreed to
                 its insistence the backup tax on teams responsible for
                 exceeding the escrow trigger number be taxed at 200
                 percent of excessive contracts.

                * Rescinded Kessler's comments that the timing rule was
                 non-negotiable.

                * Agreed to consider a percentage of revenue less than 57
                 percent.

                 The letter, the union said, was an ultimatum.

                 What really happened to sabotage last Friday's progress?

                 "I guess it can only be that . . . they have set out five
                 demands we would have to submit to, give in to, in order
                 to get a deal,'' Hunter said. "I guess the idea is to
                 raise and dash expectations so we would agree to their
                 demands.''

                 Mishkin obviously disagreed.

                 "In light of the union's positions,'' Mishkin said, "we
                 fail to understand Mr. Hunter's new assertion that the
                 NBA is issuing ultimatums and hindering the
                 negotiations.''

                 Only one thing is clear: The start of the NBA season is
                 no closer to reality.