Decisions, Decisions

The question of who has the leverage has been settled.

Arbitrator John Feerick’s long-awaited decision came down Monday, ruling that NBA players with guaranteed contracts will not be paid during the lockout, strengthening the owners’ hand. .

In what amounted to a daring end run around management’s dug-in defense, the National Basketball Players Assn. had asserted that 226 players, with contracts worth more than $700 million, must be paid.

In what amounted to getting stood up at the line of scrimmage, the union’s argument was rejected by Feerick. The players, who will not be paid, must now bargain with owners.

Nevertheless, the players are conceding nothing. NBPA executive director Billy Hunter turned down a league invitation to reconvene, citing this week’s union meeting in Las Vegas that even Michael Jordan, who has never been much of a trade unionist but is an avid golfer and gambler, has said he’ll attend.

Hunter demanded the owners lift the lockout and, ominously, refused comment on calls by hard-line player agents that the union decertify, file an antitrust suit and abandon the season.

“The owners have locked us out,” said Hunter in a telephone news conference. “They’re not paying salaries, they’re forcing us to fight to get a fair deal. The players will not back down. The sooner the owners realize this and end this lockout, the better chance we will have of avoiding enormous damage to the sport of professional basketball.”

“What the owners are not realizing is that if they continue to antagonize the fans in the way they’re doing, the fact that the players may be forced to miss a few paychecks may be the least of our worries.”

Commissioner David Stern, who has called off the first two weeks of the season, all but announced in his telephone news conference he’ll cancel the rest of the November games at an owners’ meeting next week, calling the decision “inevitable.”

If the players won’t admit they’re anxious, the league will. Stern said before Feerick’s decision was announced, he sent the union a letter offering three proposals, including an NFL-style hard cap, along with a guarantee that salaries would increase at least 20% over the term of the contract.

Hunter replied that negotiations could resume after the union meeting, which ends Thursday.

Stern is upset the union won’t discuss an actual percentage split, that it’s taking a cavalier approach toward negotiations.

“I can tell you this union leadership stymies us,” said Stern, renewing charges against Hunter and NBPA counsel Jeff Kessler. “Russ [Granik, deputy commissioner] and I, for something over 50 years combined, we’ve been able to negotiate with every other combination of executive directors and presidents in the history of this union. And lawyers. And somehow, we are unable to have a conversation that gets us any negotiation. And frankly, today is indicative of the situation . . .

“This [decision] should have been a signal to both sides to return to the table today, which is Monday. We reached out prior to the decision to make sure, no matter what happened, it was clear we wanted to negotiate . . .

“The players don’t seem to realize they can’t get that money back. It’s gone, gone forever, and they seem to think that’s not the case.”

Feerick’s decision, at least, lets everyone know where they stand. The arbitrator noted in his 82-page ruling that in the past, the union never contended that players with guaranteed contracts were entitled to be paid during a lockout.

Had Feerick--who reduced Latrell Sprewell’s league-imposed suspension after the guard attacked Golden State Warrior Coach P.J. Carlesimo--ruled for the players, things would have changed. The owners would have been looking at steep obligations and no gate money coming in. Laker owner Jerry Buss, for example, has a $38 million payroll, owed to 11 players on guaranteed contracts. Of that, $6 million would have been due in November.

Union leaders told players they had nothing to lose, since rejection would only put them back where they started, but that turned out only to be true to a point.

The case ran longer, and Feerick took more time to write his decision, than anyone expected, paralyzing negotiations and running both sides out of room to save opening night.

To date, the league and the union have held only four sessions and done precious little negotiating. The players are already out 8.5% of their not-guaranteed-after-all contracts and are about to lose another 8.5% when more games are canceled.