“I think people have to realize that the lockout is a weapon, it’s not an end to itself,’’ said Jay Krupin, Chair of the National Labor Practice for Epstein Becker Green, a law firm based in Washington D.C. “It’s an economic weapon and what’s happened here is the owners and the league mean business. The lawsuits basically mean the owners plan on taking an aggressive offensive approach. And I think we’re going to be in [a lockout] for a long time unless the players in essence cave in or realize they are going to be playing in a brand new league.’’
It is uncertain whether the players and owners will negotiate while the lawsuit is active but commissioner David Stern has repeatedly promised that the owners’ offer will become more self-serving as the lockout drags on. He left negotiations last week discouraged about the players’ desire to reach an agreement because they reiterated their unwillingness to accept a hard salary cap.
Less than 24 hours after Stern expressed his disdain, the league filed the lawsuit. The NBA wants no part of the series of antitrust lawsuits NFL players filed against the league that were eventually settled once the sides agreed on a new CBA.
“If the players were smart, they’d realize they are going to get a better deal sooner than later,’’ Krupin said. “I think the NBA knows that. In the first month, they have only one [negotiation] meeting, the NBA has declared a lockout, they have filed unfair labor practice and filed a lawsuit. And what have the players done? Nothing.
“You are talking about a league in which players make millions of dollars, in a league that’s losing hundreds of millions of dollars. You have a system that’s broken. I could virtually see a lost season. I think the owners are really putting pressure on the players and the players can’t respond.’’