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Phil Jasner: Players Owners Mood Improves



                                    October 28, 1998                
                                Mood improves as talks go on
   
                                        by Phil Jasner
                                  Daily News Sports Writer
    
                       NEW YORK -- Keith Glass insisted he had no
                       inside information. Only an instinct.
   
                       However fragile, a glimmer of hope.
     
                       And this was after the NBA and the locked-out
                       players spent four hours negotiating on
                       noneconomic issues and league counsel Jeff
                       Mishkin said, "I can't say we made a lot of
                       progress."

                       "My overall sense is, they'll settle somehow
                       this week," said Glass, an agent for 17 years.
                       "If not, we could be in this for a long, long
                       time."

                       The lockout has been in place since July 1, with
                       not only a full-scale bargaining session
                       scheduled for today, but also a meeting of the
                       league's board of governors. Commissioner David
                       Stern and deputy commissioner Russ Granik were
                       scheduled to meet with reporters late this
                       morning.

                       "Both sides realize there may be an opportunity
                       to achieve something," Billy Hunter, the
                       executive director of the union, told New York
                       radio station WFAN. "If not, the next window
                       might not be open for another month."

                       Personal conduct clauses, player discipline and
                       marijuana prohibition were among the noneconomic
                       topics discussed yesterday.

                       In a bargaining session that lasted nearly nine
                       hours Monday, the sides began discussing hybrid
                       systems to be implemented in a new collective
                       bargaining agreement. The concept of a luxury
                       tax presumably remains on the table.

                       "They've been talking since last Saturday, so
                       it's not as if they're talking about per diem
                       for the players," Glass said. "Obviously,
                       they're talking about a system that comes
                       somewhere between the positions of the two
                       sides.

                       "Plus, Billy has had a mandate not to accept a
                       hard salary cap. I believe if he had walked in
                       to the meeting last Saturday and heard 'hard
                       cap,' he'd have gone home. I believe somebody
                       has moved."

                       With Stern and Granik attending board of
                       governors committee meetings, Mishkin and vice
                       president of basketball development Steve Mills
                       headed a five-man group from the league in
                       yesterday's discussions. The union had a
                       contingent of 20, including 76ers player rep
                       Theo Ratliff.

                       "The NBA has taken a position and dug in,"
                       Hunter said. "They've been of a mindset all
                       along that the players would cave. We put that
                       one to bed. That's not going to happen."

                       Orlando Magic center Danny Schayes said that, in
                       the systems being discussed, the owners would
                       have a good idea of the range of their costs
                       rather than the absolute cost certainty they
                       were seeking.

                       "It seems the league has started talking in
                       terms other than 'My way or the highway,' "
                       agent Bill Pollak said. "All labor negotiations
                       get to this point, where both sides are talking
                       about 'where we can get to.' I would think by
                       Friday, we'll have a good idea whether there is
                       cause for optimism or if this is just a blip on
                       the screen."

                       Schayes said Monday night a settlement was not
                       imminent. Yesterday, he said: "The mood is the
                       most right it's ever been to get a deal done."

                       Since Stern and Granik have said the league
                       would need three to four weeks to restart once a
                       settlement is reached, it would seem certain
                       that at least another two weeks of the season
                       will be canceled. The first two weeks are
                       already gone, at a cost of about $100 million in
                       players' salaries.

                       Indications have been that the league would not
                       agree to play less than a 50-game schedule.

                       Hunter said last Thursday he would attempt to
                       bring the entire player population of about 400
                       to New York today, but it remains unclear
                       whether that will happen. More than 240 attended
                       Thursday's union meeting in Las Vegas.

                       The union initially suggested a luxury tax on
                       any contract worth more than $18 million a year;
                       the owners countered with a tax on Larry Bird
                       exception contracts worth more than the league
                       average, which was about $2.6 million last
                       season.

                       The Bird exception has allowed a team to re-sign
                       its free agents at any price regardless of the
                       team's status within the salary cap.

                       The longer the dispute lasts, the greater chance
                       the All-Star Game -- scheduled for Feb. 14 at
                       the First Union Center -- could be lost. The
                       city has not hosted an All-Star Game since 1976.
                       Sixers chairman Ed Snider and president Pat
                       Croce were expected to participate in the
                       owners' meetings.

                       The owners want to impose a ceiling on what a
                       team can spend on salaries, plus a ceiling on
                       the percentage of that payroll that can go to
                       any one player. The union is fearful such an
                       agreement would eliminate the middle class of
                       players and eventually eliminate guaranteed
                       contracts.

                       The owners have proposed giving the players a
                       phased-in 48 percent of revenue, and have
                       guaranteed the players $1 billion plus at least
                       5 percent raises in each year of the deal. The
                       players received more than 57 percent of revenue
                       last season.

                       "We know we're going to get a deal, the question
                       is when," Hunter said.

                       As they say: Who didn't know that?
                       SIX SHOTS
                       Sports Business Journal reports that, because of
                       an unrelated business venture, Portland Trail
                       Blazers owner Paul Allen will own one-half of 1
                       percent of the Sixers. How? Allen owns 7 percent
                       of Microsoft, which paid $1 billion for an 11
                       percent ownership in Comcast Corp., the parent
                       company of the Sixers, Flyers, Phantoms, the
                       First Union Center and the First Union Spectrum.
                       Comcast owns roughly two-thirds of the sports
                       complex. The NBA is said to have no problem with
                       Allen's multiple ownerships in teams, because he
                       will receive no active benefit from the Sixers
                       and have no influence in team decisions . . .
                       The days of assistant coaches or scouts watching
                       informal player workouts during the lockout are
                       over. The league issued a directive limiting
                       team personnel to scouting only organized
                       leagues, such as the Continental Basketball
                       Association or European leagues.

                                 ©1998 Philadelphia Newspapers Inc.