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Whoop Whoop Whoop Peter May Column






                                PRO BASKETBALL
                                It's what they bargained for

                                League, players are in legal limbo

                                By Peter May, Globe Staff, 09/06/98

                                Since the NBA imposed its lockout July 1, negotiators from the league and the
                                players union have had exactly one bargaining meeting. It ended in disaster,
                                with the NBA contingent abruptly leaving.

                                Now the two sides are in arbitration over an issue that the league feels is,
                                to quote Hamilton Burger, irrelevant, incompetent, and immaterial. The union
                                is in litigation mode, hoping to get an arbitrator to sock it to the owners
                                where it hurts the most: in their portfolios.

                                Arbitrator John Feerick, whose split-the-baby mentality resulted in the
                                disastrous Latrell Sprewell decision last season, is again hearing evidence.
                                The issue is whether the players who have guaranteed contracts - as almost all
                                of them do - should get their money during a lockout. It's a novel concept,
                                but with Feerick, anything is possible.

                                However, unlike the Sprewell mess, Feerick's decision is appealable. If he
                                finds that the players were wrongly denied their dough, NBA consigliore Jeff
                                Mishkin will head to court and ask for a stay of execution, er,
                                implementation. That could drag things out even more. Then again, if the NBA
                                is to lose games, which seems unavoidable, better to do it in November and
                                December when no one (including benefactor NBC) is paying attention.

                                The NBA disputes even Feerick's jurisdiction in hearing the case. It insists
                                his term as arbitrator expired when the lockout began. But the union filed its
                                motion shortly before the lockout began, so it says Feerick's role is entirely
                                proper.

                                The NBA also feels that this dispute is not over basketball issues, but
                                instead concerns labor law. The league contends that labor law allows the
                                owners to withhold money as surely as a strike allows workers to withhold
                                services. The players did not get paid during the 1995 lockout. Hockey players
                                were not paid when they were locked out in '94.

                                Testimony before Feerick may conclude Tuesday or spill over to one more
                                session. There is time to file additional briefs, with a decision probably due
                                by the end of the month. Then the fun should start.

                                By that time, the sides may be back to where they should be: at the bargaining
                                table. Word has it both sides have agreed on the size of the table, the brand
                                of coffee to be served, and the size and color of the window dressings, and
                                may actually talk again as soon as this week.

                                A new beginning

                                Assuming sanity prevails, a risky assumption given the principals involved,
                                there is a new wrinkle to the NBA schedule this season. For the first time in
                                more than a decade, the season won't start on a Friday and end on a Sunday.
                                Instead, the games are scheduled to start on a Tuesday (Nov. 3, election day)
                                and end on a Wednesday (April 21). The change was made primarily to
                                accommodate NBC, the former Official Network of the Chicago Bulls. The network
                                will be able to air more games, both in the regular season and in the
                                playoffs. It also will have two sets of weekend games in the usually
                                forgettable first playoff round, which will now be a best-of-five series
                                spread over two weeks. The new schedule also will, in all probability,
                                eliminate back-to-back playoff games (a second-round problem) and similarly do
                                away with head-to-head conflicts between TBS and TNT in the postseason. NBA
                                schedule czar Matt Winick said he couldn't remember the last time the season
                                didn't end on a weekend, but speculated it was probably in the 1970s. The
                                concessions to NBC and TNT/TBS were unavoidable due to the astronomical sums
                                they are paying in rights fees, he suggested. The Celtics, meanwhile, don't
                                get the cushy start they got last year, when they played 16 of their first 25
                                at home (and two of the roadies were in Toronto). This time, 14 of their first
                                26 are at home, although among those 14 are annual titans Golden State,
                                Vancouver, Toronto, Denver, Sacramento, and the Clippers. (Draft picks 1-5 and
                                7 last June. Get your seats early!) However, they also have to take the Texas
                                three-step in the first week of December. The Bulls, whatever their
                                appearance, make their first appearance Nov. 11, while Larry Bird and the
                                Pacers stop by for the first time Jan. 8. One of the real schedule
                                jaw-droppers is a Sunday prime-timer (5:30 p.m. start) April 4 against the
                                Nets in the FleetCenter ... It didn't take Dino Radja long to decide that the
                                grass was greener where he was last year. The former Celtic re-signed with
                                Panathinaikos - he earlier had exercised an opt-out clause - for one year. The
                                deal-clincher: Radja is basically exempt from practices. ``His knees are
                                shot,'' agent Marc Fleisher said of his Split-raised bread winner. ``He gave
                                serious thought to retiring, and as it is, he'll probably play only one more
                                year. There was no way he could get through an 82-game [NBA] season.''
                                Fleisher said Radja was intrigued by the prospect of joining the Bulls or
                                Knicks for their respective playoff runs last year, but nothing came of it ...
                                Another client of Fleisher, Yugoslav Dejan Bodiroga, was the Most Valuable
                                Player in the recently concluded World Championships. Bodiroga, who will also
                                play for Panathinaikos, is the property of the Kings, who selected him in the
                                second round of the 1995 NBA draft. ``There were three teams that I know of
                                that expressed an interest to trade with the Kings for his rights,'' Fleisher
                                said of the versatile 6-foot-8-inch forward, who is in his mid-20s. ``I don't
                                think he'll go [to Sacramento]. I think he wants a bigger market.'' Fleisher
                                said Bodiroga could well jump to the NBA for the 1999-2000 season ... The
                                phone rang early one morning recently at the Ford home on the Jersey shore.
                                Things were going well for Chris Ford; he was still the coach of the Milwaukee
                                Bucks and he had just sold one of his summer homes. He liked the chances for
                                the team this season. But by the time he hung up with Bucks general manager
                                Bob Weinhauer, he was an ex-coach and was soon scrambling to get his kids into
                                Boston-area schools while making plans to move back here to the family manse
                                in Lynnfield. There's only one way to describe Ford's reaction to the firing:
                                utter surprise. He had no inkling it was coming. ``That's true,'' he said last
                                week. ``I was very surprised.'' There had been rumors all spring and up to the
                                lockout that he was on thin ice. ``But I thought because we were well into
                                August that it had all worked out,'' he said. Conspiracy buffs had long
                                thought eventual hiree George Karl to be in the mix, due mainly to his
                                friendship with Rick Majerus, who is this tight with Bucks boss Herb Kohl (who
                                prefers to be known as The Senator). There also was talk that Al McGuire was
                                pushing Kohl to hire Cincinnati's Bob Huggins. Ford will draw a salary this
                                year and figures he has some serious family time/satellite dish watching
                                ahead. ``I'll see what's out there,'' he said. ``There are some openings, but
                                I don't know how open they really are. But you never say never. Right now, my
                                immediate plans are to get settled in and wait for the [moving] truck, which
                                gets here Tuesday. Once we get settled, I'll see what's out there.'' If Ford,
                                or the NBA, stays out of action, he will get the chance to s

                                e his daughter, Katie, play college hoops for that renowned Division 3
                                juggernaut, Williams College ... Sacramento, the Clippers, and Denver all have
                                coaching vacancies. If the three teams pooled their available talent, they
                                might be as good as, oh, Cleveland. The name of Kurt Rambis is out there for
                                both California openings, though we're not sure if it's because Rambis can
                                actually coach or that his agent, Lon Rosen, is, as they say, working both
                                sides against the middle. Sacramento owner Jim Thomas is a certified Laker
                                wannabe, and that may help Rambis. However, Thomas is due to relinquish his
                                majority share in ownership to the Maloof family, the same one that owned the
                                Rockets when Houston played the Celtics in the 1981 NBA Finals.

                                Worst-case scenario

                                Mention the name Olden Polynice around the NBA, and most coaches or general
                                managers who've had to deal with the loopy free agent center will reach for
                                the extra strength Tylenol. So it wasn't without a chuckle that we saw that a
                                clause in a 1994 contract signed by Polynice was submitted by the union as
                                evidence in the guaranteed contract arbitration case.

                                In the contract, there is classic lockout language. ``The Kings insisted on
                                it,'' said Polynice's agent, Keith Glass. ``I don't even remember why. [There
                                was talk of a players' strike in the summer of 1995.] I was shocked, and I
                                highlighted it.''

                                The NBA says it isn't concerned; the league contends the clause dealt with
                                money Polynice would have to pay back from a $500,000 advance he took on the
                                contract.

                                Glass no longer represents Polynice, but he is supportive of the union and its
                                fight. ``In the next millennium,'' he said, ``when historians study the 1990s
                                in America, they will be scratching their heads over two things: Why do men
                                have to pay their ex-wives and why is there a salary cap?''

                                This story ran on page D02 of the Boston Globe on 09/06/98.
                                © Copyright 1998 Globe Newspaper Company.