Walton Suit Goes Before Arbitrator

The Clippers’ dispute with Bill Walton went before an arbitrator Thursday afternoon in New York and the leader of the players’ union said a decision against Walton might be viewed as a threat to the union’s agreement with the National Basketball Assn.

Arbitrator Dan Collins, a professor at New York University Law School, received information from both Walton and the Clippers in a one-hour session. The dispute is about whether the 36-year-old former Clipper is entitled to receive about $1.6 million in deferred payments.

Walton was represented by Larry Fleisher, former players’ union chief, and Clipper attorney Bob Platt represented the team, which is contending in a suit that Walton violated his contract by being physically unfit to play and therefore forfeited his right to the deferred salary.

Charles Grantham, executive director of the National Basketball Players Assn., said he expects Collins to make a decision on the dispute soon, possibly as early as this weekend.

Clipper President Alan Rothenberg said he expects Collins to rule in favor of Walton.

“We’re still going to continue in the courts with our litigation, no matter what the arbitrator says,” Rothenberg said. “We objected in the beginning that the (case) was outside his jurisdiction, but I don’t know any arbitrator in the world who would disqualify himself.

“We’ll continue with the suit and seek damages because of what (Walton) did. There’s no way an arbitrator can determine how we were damaged.”

That the matter between Walton and the Clippers belongs in arbitration and not the courts is considered vital to the union, Grantham said.

“It’s sort of a cornerstone of the (collective bargaining) agreement,” Grantham said. “Without a grievance-and-arbitration process, and having disputes resolved in a timely matter, the entire collective bargaining agreement as we see it, we don’t have anything that’s resolvable. It would be a threat to the way we do business.”

The Clipper suit contends that “certain activities” by Walton during the term of his five-year $5-million contract between 1979-1983 impaired his ability to play basketball. Gary Vandeweghe, Walton’s attorney, said the Clippers are implying in the suit that Walton used drugs while a Clipper.

Present at the arbitration hearing, in addition to Walton, Fleisher, Grantham and Platt, were Gary B. Bettman, NBA vice president and general counsel, and a lawyer representing the players union.

It is Grantham’s opinion that the arbitration procedure is the proper place for such a dispute to be settled.

“Not in the courts,” he said. “From our perspective, disputes between teams and players should go through the arbitration process. The question (the Clippers) are raising is, can their dispute be arbitrated? They think it should be resolved in the courts. We are saying, ‘That dispute between you and Bill belongs in arbitration.’ And what the Clippers are saying is that the arbitrator doesn’t have the right to hear this case.”

Grantham refused to discuss the issues of the dispute, but said: “We think we have a good case.”

He also speculated that should Collins decide the case can be heard in arbitration and should he rule in Walton’s favor, then another court, such as the one in which the Clipper suit may be heard, would not overturn the outcome of the arbitration.

Bettman said the NBA has no right to decide whether binding arbitration or the courts is the proper form to decide the issue.

“Sooner or later, one will prevail,” Bettman said. “It is a question of law that has to be resolved.”

However, Vandeweghe said it could become the league’s responsibility to tell the Clippers to abide by the arbitrator’s ruling and drop the lawsuit.

“Telling them that they have to (accept the ruling), or ultimately taking their franchise from them,” he said. “That’s what’s at risk here. If they defy the NBA and the players’ association and the NBA thinks they’re wrong, which I think they do, they’ll take their franchise. They’ll be out of business.

“The Clippers would probably be delighted. They wouldn’t have to play any more games. Then the Clippers are going to file a giant lawsuit against the league saying the league was wrong in doing it and the Clippers are going to lose. Meanwhile, their lawyers are going to make a lot of money.

“Let’s look ahead to see what happens in the year 2007. If you choose to maintain for yourselves some tough-guy, macho image, you know, constantly putting up your dukes, the little boy constantly crying wolf. Pretty soon, Alan Rothenberg--with all due respect to a guy I like very much--standing there with his fists balled, filing lawsuits with his law firm’s name all over it, it means nothing to anybody anymore. Who the hell do you think he’s scaring. Now, they’re a joke.”