Tuesday, November 15th, 2011 at 12:32 pm  |  73 responses

The NBA is Dead

Long Live the NBA.

by Allen Powell II

I should be sad, but I’m not.

After all, yesterday’s decision by NBA players to reject David Stern’s latest, “final” offer is a good sign that the entire ‘11-12 season will be lost. And while NBA 2K12 is fun; it doesn’t compare to watching real life NBA stars do what they do best.

But, despite the very likely loss of an entire year of basketball, and the ugly fallout among fans, I’m quite pleased that the players refused accept the deal on the table. It was a bad deal. No one, regardless of their leanings in this dispute, has tried to argue that the deal presented by owners represented a gain or even only a small loss for players. Everyone recognizes that the deal would represent a massive restructuring of how the League operates, and that restructuring would enrich and empower owners at the expense of players. Some people think that’s a good thing, but I’m not among that number.

Years ago, I loved the NFL even more than I currently love the NBA. But, as it became clear that the owners were creating a labor system where all the power and influence resided in the hands of the few, my love waned. It became obvious that my cheers and support were the way owners kept players in line. My willingness to side with the “team” above all else, was a tool used to leverage players into increasingly horrible short term deals, even as evidence grew that just by playing a few years in the NFL their lives would be irrevocably damaged.

While NBA players don’t risk the same sort of injuries and long-term health problems that their NFL counterparts face, I find myself at a similar crossroad with this League. It is obvious the current lockout is not simply about economics, it’s also very much about power. Last summer, LeBron James and his buddies flexed their collective muscles and made the world consider what sports would be like if athletes wielded power. And most fans, owners and media members decided they didn’t like what they saw.

A League where players decided where they wanted to play, who they wanted to play with and how much they should be paid was a League that scared people. It challenged their ideas about who was smart enough to assemble teams and broker deals. It made them wonder what was coming next.

At the core of the owners’ proposals has been the idea that they should be the ones making all the decisions, period. How else can you explain that despite the fact that the players have agreed to give back roughly $280 million in revenue, the owners are still trying to implement even more draconian rules? Do most fans realize that if the League would have had 50/50 split of basketball related income last season, the owners would have made $2.4 billion total, to the players’ $1.9 billion? Those numbers put to lie David Stern’s claims that this lockout is about a financially broken system. Those numbers prove that what the owners truly believe is broken is their vice grip on power.

That’s why the owners want a very punitive luxury tax and reduced rights under free agency. They want to be certain that when they draft a superstar, they can delay paying him market value for as long as possible and possibly in perpetuity. They don’t want the ability to compete with each other for players because they know that competition will only benefit players. They want reduced markets for players’ services so they can put “take it or leave it” offers on the table and force players to decide between being underpaid and not being paid at all. The League doesn’t want players to be able to demand that general managers make prudent decisions or risk their defection to another locale. They want players who are resigned to their faith, and only allowed to change teams when the teams decide a change makes sense.

That is why I’m happy NBA players decided to reject this last deal and pursue a potential court challenge. The NBA owners are not seeking concessions that benefit the League as a whole; they are seeking a deal that soothes their egos and wallets.

While players are not guaranteed success in court, what they have proven is that they will not accept any deal just because they are told that’s the best they can expect. They are demanding to be allowed a seat at the table as equals because they are not simply employees, they are partners. If that means I don’t get to watch basketball right now then that’s fine. At least when the League finally does come back I won’t feel that my cheers are the foundation for a system I despise.

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  • http://www.slamonline.com UNFROZEN CAVEMAN LAWYER

    ZZZZ?

  • http://www.slamonline.com UNFROZEN CAVEMAN LAWYER

    “POWER CORRUPTS, ABSOLUTE POWER CORRUPTS ABSOLUTELY”.
    THAT GRAVESTONE PIC LOOKS SO CHEAP

  • T. Brown

    Amen. This article was totally on point. I couldn’t agree more.

  • alan

    Awesome. 100 percent agree. I don’t know how ESPN contracts work, and I can understand why pay-per-view exists, but ESPN needs to get on airing international basketball or wherever Durant, Lebron, and other American players are playing.

  • AQWORD

    WORD AQ WORD DAT IS. PHUK STERN !

  • http://www.tumblr.com arthurissupreme

    loss of the season is imminent

  • http://www.slamonline.com Wayno

    Wahhhhhh!!! Poor poor players!!! Give me a break. Tell them if they don’t like the way owners (thier bosses) pay them that they can get a job at a factory or an office like the rest of America. The fact is is that billionaires are willing to pay them millions of dollars to play a game. It’s the owner’s money and they should be able to spend and control it how they want. I feel like people fail to realize the NBA players have a choice as to where they work just like you and I have a choice. They can look for a different job if they want to, so can you and so can I. Nobody is forcing them to do this. I’m so sick of people acting like the players are victims in all of this.

  • FLIP

    @Wayno

    They’re not outright victims, but they are being victimized. Should they have to suffer workplace injustice just because there’s more money involved? What if your boss called you into his office tomorrow and was like, “OK, you have to take a paycut. You’re not doing a bad job and we’re not making any less money than we thought we would, but you just really don’t deserve as much as you’re getting.” I’d like to think that if you had a means (and most people don’t), you’d fight it.

  • CubicleWorker

    The players are not partners though… like you’ve said they are the product

  • http://www.slamonline.com Wayno

    @ FLIP – it would suck if the CEO of my company did that…BUT like I said, I’m not required to work there! Plus the owner of the company has the right to pay whoever he/she wants whatever he/she wants.

  • http://www.slamonline.com Wayno

    For the record, I probably would try to fight it to some extent, but ultimately, it’s not up to me…the players are going to learn that lesson the hard way very soon…

  • scoob

    50/50 and the owners would have made $2.4 billion total, to the players’ $1.9 billion. But surely the owners will have to pay hundreds of staff, from the coach to the janitor, and the upkeep of all their facilities out of that money? I wonder how equally the players themselves would share the near $5 billion of they ran it themselves. MJ sure doesn’t seem to be very sharing. Just want basketball back. If the season is lost when would players sign for euro teams?

  • http://nbasobrietystrike.blogspot.com/ CoolWhip

    As when a close one with a terminal disease passes; you know it’s coming, but it still hurts. That sums up how I feel right now. I’ve been spouting ‘end of days’ rhetoric for awhile on my site.
    No one should be surprised by this, but it still does hurt.
    The NBA’s last words? “Avenge me!”

  • http://www.huffingtonpost.com/gabriel-a-feldman/the-legal-issues-behind-t_2_b_1081107.html Allenp

    Wayno
    If you and all your fellow co workers banded together to fight, why wouldn’t it be up to you?
    Man, all employees have value as employees and as humans.
    Some employees have more value because their skills are hard to replace and their impact on the bottom line is greater.
    Just because somebody has the title “owner” or “boss” does not mean they actually own you and it does not mean they can tell you to do anything.
    Your choices are NOT suck it up or quit. If you accept those two choices, then you’ve pretty much agreed with the owner that you deserve whatever you get. I don’t think people should agree to that.

  • http://SLAMonline.com GotHandles?

    word

  • http://slamonline.com nbk

    It’s clear who is negotiating and who isn’t. I mean sh*t, the owners have given ultimatums, how often do you hear about take-it or leave-it ultimatums and turn around and call it a negotiation?

  • http://slamonline.com nbk

    When you were a kid, and your parent told you to eat your vegetables or you couldn’t eat dinner, did you walk away thinking, man that was one hell of a negotiation?

  • http://slamonline.com nbk

    desert* you get it though

  • http://slamonline.com Myles Brown

    My man.

  • http://www.slamonline.com Eboy

    Allen, you’re living in a dream world if you think that Norma Rae sh*t works in real life. If you’re a laborer, let’s say working in a factory, and you and 100 other labor workers decided to strike to protest your wage, most companies would give you your last check and show you the door quicker than a preteen getting his first nut. Why? Because labor jobs are easy to fill. Same with general office work or retail jobs. Re-training for those types of positions require minimum effort and spending a week training a new person who’s not complaining about their wages or work is a hell of a lot smarter than paying a disgruntled group of employees arguing about a 3 or 4 percent raise. In the NBA’s case, these guys are afforded the opportunity to play ball for huge money….paid by guys WITH huge money. This is not work pertinent to the bettering of our country….it’s entertainment….and at some level, it’s entertainment for the owners. So if they go a year without having to pay 80 to 100 million in salaries, well, they can afford it. That’s the rub. They control the money. Read up on the NHL lockout from a few years ago. Years later, most of the players that backed it now regret it as the concessions made weren’t enough to justify losing a years salary. Feel good stories are for pus*ies…at least in the real world. BTW, this was a really well done piece, I just disagree with your 12:21p comment.

  • http://www.huffingtonpost.com/gabriel-a-feldman/the-legal-issues-behind-t_2_b_1081107.html Allenp

    Eboy
    The reason why people are easily replaceable is because there is always someone who feels like they don’t care about all those morals, they just want to work.
    Well, at least recently.
    Study this country’s history. Read Howard Zinn’s book. There have been times when people in low paying, grunt jobs have banded together and demanded better opportunities, and because of the power these nascent movements possessed, these people were crushed both by legal and illegal means.
    I agree with you about the reality of most jobs. I work in a job, I understand what is to be told wages are being cut, or benefits will cost you more. But, I also understand that I if I quietly accept anything, I am actually co-signing the actions of those in power. And I also understand that because the world is the way it is, doesn’t mean I have to agree or support it.
    I was trying to address two main points with this post.
    1: Just because you want something doesn’t mean it’s the responsibility of other people to take less, so you can have what you want. Players do not have a “right” to their demands. Owners do not have a “right” to their demands. And fans do not have a “right” to basketball. This is a disagreement between workers and management about what is an equitable wage and working conditions. That is it.
    2. Just because you’re a worker doesn’t mean you have to quietly accept anything. Yes, we all accept certain things, but everybody should draw a line in the sand somewhere, and be willing to speak up. I have spoken up at my job about certain things, and I have made it known that there are some things I won’t do. Thank the Lord I still have a job, but would it be worth it if I just swallowed anything?
    I don’t understand that thought process at all to be honest. That is just complete capitulation.

  • Steve

    Allenp
    The owners have the title of “owners” because they own the company, not the players. They took the risk of spending hundreds of millions of dollars to purchase/start this company, provide employment for hundreds of people, and more or less take all the upfront risk associated with owning and running a business.

    The players on the other hand are paid handsomely for the unique skills. But like Wayno said, they have the choice of not working for the company which they work for. Sports athletes in general have a much better employment structure than the vast majority of employees. They get guaranteed contracts for multiple years. That’s a very unique scenario. Whether they decide to perform or not for the remainder of their contract, they are protected, with no financial risk, only risk of career ending injury. There are not a lot of employers that would be willing to provide those incentives. I wish I could sign an agreement for my current salary, with a 10% annual increase, for the next 6 years, not based on my performance. That’s a risk the owners are taking on themselves.

    While I don’t completely agree with either side, I am leaning more towards the owners side. If you look at the gross/net revenue these teams general, the percentages are small. A 5-10% slide in gross revenue would have a detrimental effect on the bottom line, while it would have no effect on the players. Again, the owners are carrying the burden of the risk.

  • http://www.huffingtonpost.com/gabriel-a-feldman/the-legal-issues-behind-t_2_b_1081107.html Allenp

    Oh, I apologize for the typos, I made some changes, but they must not have transferred when I sent the piece in.
    Steve
    Your argument would be a GREAT one, if the public had been allowed to view the NBA’s books and take a peek at exactly how teams lose money, how they work out their arena rentals, how they make money and where they spend it.
    I honestly could not argue with what you wrote if it wasn’t for the fact that the basic premise of this lockout (which has changed several times) is that the owners’ are in dire financial straits as a group. No proof has been offered of this, and the union’s own economist has said that the normal costs associated with NBA teams are stable. Not to mention that the owners take $500 million off the top of the pie for “expenses.”
    So, until teams feel obligated to release information detailing how they spent their money and how they earned it, I refuse to give them the benefit of the doubt about whether they made sound business decisions and still lost money. All evidence points to the opposite.
    And I don’t have a problem with deals have clauses that dock pay for underperformance, I’ve said that before many times. I just expect those deals to have clauses that provide for increased payment for exceeding expectations, and I’d want a third party to decide whether players met or exceeded expectations.
    And guaranteed contracts are a perk, not a right. Owners do not have to hand them out if they want to protect themselves. Phoenix refused to fully guarantee Amare’s deal. Chauncey’s final year on his contract was not fully guaranteed either until a certain point.
    the problem is that owners KNOW that if some owners are allowed to do certain things to win games, those owners will do them. Because that’s how free markets work. The owners don’t want a free market for players, but they appeal to fans sense of who free markets work to justify their stances.
    Think it through.

  • http://www.huffingtonpost.com/gabriel-a-feldman/the-legal-issues-behind-t_2_b_1081107.html Allenp

    Also, Steve
    if revenues slide 5-10 percent, players salaries slide by the same amount.
    The player’s salaries are tied to the BRI of the League, which is a pot of overall revenue.
    They only get paid as the company makes money. If the company is floundering, so are they.
    Just like every other job, that’s the risk.

  • http://www.slamonline.com Wayno

    Look, an emplyer has the right to be a d!ck…but eventually they are going to burn bridges and thereforearen’t going to get people to work for them. A good manager/boss has balance. Like Eboy said though, if a group of coworkers banned together and stuck it to the man blah blah blah, thier @$$es are fired and they’re replaced. If you don’t like how your boss, manager, company owner or whoever treats you, you don’t have to work at your job anymore. That sucks…I’d love to be able to demand more money and liberties at my jub, but that’s just not how reality works…whoever has the gold makes the rule my man.

  • Steve

    AllenP
    I agree about opening the books, and I’m sure that the numbers are not where they have claimed them to be. Hopefully they will be forced to open the books during these preceding and prove themselves correct.

    I believe clauses for under performance makes obvious sense, however, I don’t see an increase for exceeding expectations unless the salaries are scaled back, which the players would never accept. Although it is a byproduct of high performance, and not a team mandate financial issue, sponsorship and endorsements are the incentive for exceeding expectations (or meeting it). Again, this would not be possible for the players without the vehicle (a team/job) being provided by the owners. This, I believe, is something the team does not share in (the direct financial benefit, not the obvious increased publicity/interest for the player/team), and can become more lucrative than the player’s salary itself.

    So the vehicle for benefits for exceeding expectations are there. What I would propose is a much higher bonus for the players/staff should the team win the championships, but that bonus would be limited by economics and split so many ways that it would hardly be felts by most players (although the staff would greatly appreciate it).

    As for free market; that’s what they are attempting to eliminate to an extent. At the end of the day they are all competing under the same roof/brand being the NBA. So fair competition between larger/smaller markets is important for the fans and the league. While they are individual owners of individual business, they are still under one umbrella, and I suppose parity across the league would be beneficial for all owners as it would help the brand itself.

    Also, getting rid of a couple of teams wouldn’t hurt either. But that’s for another conversation.

  • http://slamonline.com nbk

    The salaries are already scaled back. The Free Market idea hasn’t existed in the NBA for a long long time. And the idea of competitive balance is reliant on the idea that all owners think they should share their pie evenly. When we know that can’t be further from the truth. Infact, Jerry Buss makes his money from the Lakers, that is his source of income. I highly doubt he (and ever other big market owner) would be privy to any system that ensures he shares his income evenly with 29 other people. So basically the owners are chasing an unattainable goal, while the players are searching for freedom & fairness, which we all know contradict each other in the world of business/sports.

  • bike

    It is pretty obvious that the owners want to regain control they perceive they have lost. They hated what happened in MIA and are scared crapless 2 or 3 franchise players are considering doing the same thing somewhere else. But if you want a better competitive and monetary balance between the small markets and bigger markets, what happened in MIA is a legitimate concern. And the owners have every right to address this.
    Since negotiating control is much tougher that negotiating BRI, what would provide the best balance among the markets and provide the best distribution of talent? Surely there has to be some revenue-sharing scheme that no one has thought of or discussed that will satisfy both players and owners.
    There has to be.

  • http://slamonline.com LakeShow

    Lovely Pearl White granite upright with serpentine top, full polish featuring a red and blue frosted panel with NBA Logo. A monument of beauty I must say.

  • http://www.huffingtonpost.com/gabriel-a-feldman/the-legal-issues-behind-t_2_b_1081107.html Allenp

    There is no way to legislate competitive balance. Not if you’re talking about championships.
    Currently there are fewer than 15 superstars in the league if we’re being generous with the designation. Hell, there might not be 10. These are players who can be the corner stone of your team and you can build around with them as the clear alpha male.
    There are only two ways to win in the League. Assemble a great collection of talent, or assemble two, possibly three mega stars and add filler.
    Each way requires you to make sound financial decisions, roster decisions, AND have little luck.
    Chicago got Derrick Rose with the top pick. Miami got Beasley. Portland got Oden, Seattle got Durant.
    You can’t legislate that.

  • http://Slamonline.com nbk

    When I think of Competitive balance in the NBA i think of every team competing for the playoffs, not championships. The push for playoffs is what drives regular season revenue, so the more teams in play for the playoffs, the more likely every team will have good attendance & tv numbers & thus a higher total revenue.

  • Kinetik

    i don’t know if this question had already been asked before but now that the players are not represented by a union, are they free to negotiate contracts individually without system on how the contract will be structured?

  • http://www.huffingtonpost.com/gabriel-a-feldman/the-legal-issues-behind-t_2_b_1081107.html Allenp

    Nah, the teams still are not negotiating period. Unless a court mandates it, the League will not be signing players.
    The contracts already signed would remain in place, unless the League seeks to void them as Stern has threatened.
    Which he won’t do. Because if he does, competitive balance goes out the window completely and it’s anarchy.

  • http://nbasobrietystrike.blogspot.com/ CoolWhip

    There’s some excitement floating around for Kessler and Boies, but I don’t feel any good can come of this. I don’t see the owners backing down anytime soon, and I foresee a long drawn out process with the possibility of multiple seasons lost.

  • Overtime

    Great read, great info within. I definitely agree, the casual fans who are ‘why are the players keeping the NBA from us??’ are incredibly shortsighted

  • http://www.slamonline.com house

    This article is on point. It is sad that this is happened but I back the players %100.

  • Innis B

    Are the players aware that owners don’t need the NBA to be rich? Do they not realize pro franchises are showpieces and a hobbies for most of those guys? There are playing opportunities overseas, but they don’t compare to what’s here in North America. The players should have taken the 50/50 split and cut their losses.

  • http://www.google.com/news BETCATS

    My only fear is that the power will shift from owners (the few) to the top players ONLY. I do not know where this will go, but I could easily see a shift happening where the top players control the market and due to new measures the lower the tier the player is, the more interchangable they become. Having younger teams is already beginning to trend (with OKC and Memphis as examples) and I am worried veteran players that arent in the NBA’s “top 1%” might end up getting the shortest end of the stick.

  • http://thetroyblog.com Teddy-the-Bear

    What’s with this nonsense about NBA owners deserving more because they “invested their capital” and took on the risks/rewards? Just about the easiest thing a billionaire can do is invest capital, especially in a sure-fire business like the NBA.
    If today’s NBA owners were to magically disappear, there would be scores of other businessmen just waiting to replace them. The talent is what is NOT expendable.

  • http://sportsnickel.com/wp-content/uploads/2010/11/silvastpierre.jpg Jukai

    Everyone is talking about the whole “IN REAL LIFE, EMPLOYERS WOULD JUST FIRE THESE PEOPLE PICKETING!”
    But in “real life” almost every single practice the NBA runs would be illegal. No, not the lowering salaries; that happens all the time… but the restrictions on players and how the contracts impact other leagues. In real life, the NBA would be a clear monopoly.
    Actually, if the players really do wait three years to resume playing, we actually could see the court rule that way!

  • http://Slamonline.com Ben osborne

    Thanks for the piece and great comments, Allen.

  • LA Huey

    Great piece, Allen.

  • TP

    Smartest commentary I’ve ever read in SLAM online or SLAM. Wayno’s comment (the 7th comment) is a VERY legit point of view too.

  • burnt_chicken

    I’m with Mr P! 100% support for players! I’d rather go without watching the best league of my favourite sport for YEARS than see the owners force the players to capitulate. There are lots of other things I can do with my time. I don’t need the NBA, never have. And when I tune in again it will be because of the players and the marvellous things they do that will bring back my cheers and support, not the owners.

  • Josh

    I think it’s funny that there is so much talk about the percentage split when all they are doing is reducing the entire pie right now. Has anyone calculated what the lost revenue and overall worldwide value of the NBA is going to look like after at least 1 season lost and bitter dispute.

  • http://slamonline.com Big D

    The owners are “owners”, they have a right to try to make a profit. Most of the small market team owners were struggling to turn a profit. And players were already getting great pay. There is no way now that all these NBA players are going to find the same salary in Europe or Asia. I agree there was greed all the way around, but the NBA players are shooting themselves in the foot by walking away.

  • gani

    @Innis B, if the NBA owners really viewed their franchises as ‘showpieces’ and ‘hobbies’ then they wouldn’t complain that their teams were losing money and there wouldn’t be a lockout. Sadly it seems to me that most owners are more concerned about making money that building a winning team their respective cities could be proud of.

  • Justin

    Teddy, if the NBA was a “surefire business” than all these teams wouldn’t be losing money. While maybe they aren’t losing as much as they say let’s not kid ourselves that a lot of teams are losing money. Someone said that the owners own the teams but don’t own the players. Maybe not, but they do own the positions the players have within the organization. They own their jobs and it’s their right to pay people what they see fit. Maybe there should be a lot more incentive clauses in people’s contracts instead of all this guaranteed money. Make people earn their money for every second they’re out there on the court. Have base salaries with things like bonuses for so many points per game, making the playoffs, winning the championships, etc. etc. You’ll see a lot better performances from these guys knowing they’re going to get paid a lot more if they achieve those goals. What they did in Miami last year was a complete joke and no employee should be dictating what happens in the company that pays them

  • Justin

    @Allenp…I just want to be clear on something you said about the players’ salaries. Let’s say a player is making $5M per year. Revenue goes down 10% (just for easy math sake). Are you saying that player will now only make $4.5M or is it 10% less than what they would have gotten on top of the $5M if the revenues had stayed the same from the year before?

  • AusFan

    The player’s position is one that they have been forced into. If they allow for the league to bully them, then it will get to the stage where they have no concessions or benefits left. the league would do a 360 and go back to the 1950s and 60s were players were paid next to nothing and received almost no healthcare or any other benefits. The current system was seen as a coup for the owners during the last lockout, and if the owners are foolish enough to pay 20 million dollars a year to a above average player as Atlanta did last year then that is their problem. the onus should not be on the players, do not ask to be payed millions each year the current status-quo is one created by the owners who continue to pay players such as Gilbert Arenas and Rashard Lewis 100 million dollar contracts. The owners if they had any business sense would tell the player or player’s agent to go get f@#$ed, and let some other moron pay them that much. How many teams are gutted and unable to have any wriggle room because of a ludicrous contract? Where they could have let the player walk and maybe have 1 or 2 bad seasons yet come back stronger than ever through savvy drafting and better free-agent choices with the savings made from letting a player who demanded to much walk out the door.

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