Union Files Unfair Labor Practice

Opening a new line of attack in the NBA labor fight, the players union Thursday filed an unfair labor practice charge with the National Labor Relations Board that seeks to end the lockout.

The charge alleges that the NBA improperly imposed a lockout without having bargained to an impasse as required under the National Labor Relations Act.

"The NBA can't call a lockout until games are scheduled to begin," union director Billy Hunter said. "At this point, any unilateral change, including a ban on free agent signings, is premature and impermissible under the labor laws."

The NLRB played a major role in bringing the baseball strike to an end in 1995, finding owners had not bargained in good faith up until the point when the players went on strike. The NLRB asked a federal judge to grant an injunction restoring baseball's old work rules, and the strike ended March 31, 1995, when Judge Sonia Sotomayor granted the injunction.

"The board will determine, on as prompt a basis as possible, whether the rights of the basketball players, as employees, have been violated," said Daniel Silverman, regional director of the NLRB's New York office. "We fully recognize the needs of the parties and the public for a decision without delay, and we will do our best to meet that objective."

Silverman said his office will conduct an investigation over the next few weeks, then make a determination what to do next.

If the board agrees with the union, it can ask a federal judge to issue an injunction restoring terms of the old collective bargaining agreement that expired June 30.

"NBA players want to play ball," Hunter said. "The players have instructed us to do everything in our power to prevent NBA owners from delaying the start of the 1998-99 season."

In its one-page filing, the union said the lockout is not really a lockout, but rather a unilateral imposition of changes to work rules. The union asked that an injunction be ranted so players can be allowed to negotiate and sign contracts under terms of the old agreement.

The labor battle is now being fought on several fronts.

Commissioner David Stern and Hunter met Tuesday for breakfast and agreed to resume formal talks. They were to confer again Friday to set a date.

The union has filed a grievance with arbitrator John Feerick on behalf of some 200 players with guaranteed contracts who are not being paid during the lockout. The league has sued the union in federal court, seeking a ruling saying it should not have to pay players during a lockout and that Feerick should be prevented from holding an arbitration hearing on the complaint.

The union has yet to respond to the owners' suit.

Feerick has scheduled a July 30 hearing to hear arguments on whether he has jurisdiction.

"Arbitration, charges of unfair labor practices and threats of decertification will not end this lockout. That will occur only if there is good faith negotiations leading to a new collective bargaining agreement," NBA chief legal officer Jeffrey Mishkin said after the league was served with the legal papers late Thursday afternoon.

"The NBA owners have made multiple proposals to the players, while the players have refused to budge from their first offer. The only refusal to bargain here is by the players association," Mishkin said.

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