More Losses--and a Net Gain?

By MARK HEISLER

Oct. 29, 1998 12 AM PT

TIMES STAFF WRITER

As expected, NBA Commissioner David Stern lopped the rest of November off the schedule Wednesday, but sources on both sides told The Times the parties now are trying to bring talks to a head quickly, hoping to make up some or all of the lost games.

This could result in the season starting Dec. 1, with players recouping some or all of their lost pay.

In a break from the months of gloom and polarization that have marked the lockout, the NBA and the National Basketball Players Assn. suddenly are acknowledging they’re agreed in principle, if separated by numbers, on all major issues. If they can close the gap fast enough--in the next week or, perhaps, two--Stern is now signaling they can make up games.

If all of the games were made up, players would be paid in full, recouping the 16% of their salaries the league has been insisting they already had forfeited, a powerful incentive.

Said a player agent: “There would be no better way for the league to tell the players, ‘No hard feelings, guys.’ ”

Management people are under orders not to discuss the situation upon pain of a $1-million fine, and Billy Hunter, players’ association director, has asked agents not to say anything, either.

Bans and cancellations notwithstanding, there were glimmers of optimism Wednesday.

Said an agent: “I expect this to be done by Nov. 10.”

Said a management source: “I’m going to make a prediction: We’ll be playing by early December.”

Stern pooh-poohed any suggestion of a breakthrough--but said at a news conference in New York on Wednesday morning that “a skeleton” of a deal is in place, although he added “the guts” were missing.

For the first time, Stern also talked of “recapturing”--rescheduling--lost games. Before Wednesday, there had been no mention of makeup games. Stern even criticized Hunter last week for telling players they would be paid in full.

Coincidentally or not, Kevin O’Malley, head of broadcasting for Turner Network, said recently that if the season starts by Dec. 1, TBS and TNT can make up all lost telecasts, freeing teams from having to rebate any payments.

Counting Wednesday afternoon, when almost 100 players, including Michael Jordan and Scottie Pippen, met with league brass, there have been five sessions in five days. Before that, there had been only four meetings since July 1.

Both parties finally are showing a willingness to get down to business. There have been no conference calls, no hard-line postures, no charges anyone was out to “break the union” or “waiting for the players to cave,” no threatened “drop-dead dates.”

Stern was asked Wednesday, as he is at every appearance, when he might consider canceling the season. This time, he refused to speculate.

“One, we want to be ready to be imaginative,” he said amiably. “Two, we don’t want to make threats. We want to make a deal.”

As recently as last week, Stern had been willing to suggest there was a drop-dead date, as early as mid-December.

For his part, Hunter, who made fiery speeches to his members last week in Las Vegas, turned conciliatory as soon as he returned to New York. Tuesday he allowed, “We’re trying to salvage as much of the season as possible,” adding, “I’m optimistic we’re going to get a deal.”

And Jeffrey Kessler, the counsel who is described as the union’s great hawk, said, “The main point is having the skeleton. . . . The issue is now about dollars.”

“Dollars,” of course, can inspire some pretty heated debate, such as the sharp exchange the Associated Press reported at Wednesday afternoon’s session between Stern and Jordan, who demanded to know why franchises’ capital appreciation wasn’t figured into their profitability.

Assuming it holds up, the “skeleton” is reportedly an agreement on principle on major issues that include:

* A luxury tax on top salaries, replacing the “Larry Bird exception,” which placed no limits on what teams could pay their own free agents.

This has been the toughest nut. Neither side likes the luxury tax, but each has decided it can live with one, if it can settle on a number. They have lots of numbers to play with, between $2.6 million, where the league has offered to impose the tax, and $18 million, where the union offered to put it.

“Players don’t want to call it a hard cap,” says an agent. “The owners want to say they have cost certainty.”

* Lengthening the term of the rookie wage scale, which is now three seasons.

* Boosting starting minimums; further raising minimums for veteran players above that.

* Adding marijuana to the list of banned substances covered by the drug agreement.

Stern has said it would take four weeks from the time they make a deal to get it ratified, hold training camps and get the almost 200 available free agents signed.

However, the consensus among NBA people is they can do it in three weeks, perhaps even 18 or 19 days. Each side will be frantic to start playing (and collecting gate receipts and salaries). With the union united and the big agents backing Hunter, getting the players to sign off should be a slam dunk.

Working backward, four weeks from Dec. 1 would make Nov. 3--next Tuesday--the deadline to reach an agreement that would let them start Dec. 1.

If three weeks is realistic, they would have until Nov. 10.

If 18 or 19 days is realistic, they can stretch it to Nov. 12-13.

Now to see just what is realistic.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Delay of Game

Lakers and Clipper games that have been canceled--for now

Lakers:

Nov. 4: Minnesota

Nov. 6: at Vancouver

Nov. 8: Dallas

Nov. 10: at Atlanta