Lockout update: The Morning After

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NEW YORK — What if someone made you this offer:

If you give me $4 today, I will give you back $40 in a month. But if you refuse to give me $4, you are guaranteed to lose $40 within a month. So you will either gain $36, or lose $40.

You’d be nuts to turn that offer down, correct?

Well, multiply that $4 by 10 million, and then ask the same question: Would you let go of $40 million today if it ensured that you’d get $400 million back? Your net gain would be $360 million, and your only alternative would be a $400 million loss.

It’s a no brainer, right?

Apparently not.

It is clear to anyone with a brain that the way for the sides in the NBA lockout to have closed the deal yesterday was to agree on a 51/49 split of revenues. As I wrote last night, 51 was the magic number. Instead, the union dug in its heels at 52 percent, and the owners wasted an opportunity to end this madness by announcing on the third consecutive day of talks that they were not willing to budge off their previous offer of a 50/50 split.

So with 99 percent of the work done, they let the final 1 percent become a deal-killer. They are $80 million apart, and they are willing to flush $4 billion down the toilet to show what badasses they are.

How could this be allowed to happen?

The best explanation of the morning comes from Ken Berger of CBSSports.com, who has analyzed this asshattery (his new favorite word) better than any other NBA writer throughout the entire NBA lockout:

“There is no rational way to explain this behavior, so there has to be something wrong. And the only answer is that neither Stern nor Hunter had the authority to negotiate beyond his established position. No wonder the NBA is in such sorry shape, losing $300 million a year and destroying the interest of people who might consider spending money on their product some day with every illogical decision they make. It’s easy to figure out who is giving Stern his marching orders; he works for the owners, many of whom are going for a bloodbath in this negotiation instead of a rational victory. Given the scope of the owners’ initial demands, the players have won a couple of surprising “victories” by holding onto guaranteed contracts and a $5 million mid-level exception and beating back the owners’ pursuit of a hard team salary cap. But every other aspect of the deal that’s been negotiated to this point is in favor of the owners: minimally, a $1.3 billion reduction in salaries over six years, shorter contracts, smaller raises, a more punitive luxury tax, and on and on. But Stern has done what I warned him not to do. A lawyer by trade, he failed to see the sure victory of a plea bargain in his midst and stubbornly — presumably not of his own free will — decided to take this one to the jury, where everybody loses. The one thing Stern remains empowered to do is own the spin game, and he did that masterfully again Friday by pinning the blame on Hunter for walking out. And as with most spin, there was an element of truth to Stern’s account. He and deputy commissioner Adam Silver conveniently omitted the part when there was an opportunity — both when Hunter was still in the room and after he left — for Stern to communicate a willingness to make the economic move he’d said he was prepared to make. He didn’t do it, he blamed Hunter, and he won the P.R. battle while failing to realize he’s losing the war.”

 

Lockout update, video edition

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Lockout update, audio edition

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Here is an interview I did on the Fox Sports Radio Network’s “Petros and Money Show” on the drive home from tonight’s lockout meltdown.

Click here to listen to Part One of the interview.

Click here to listen to Part Two.

The number “51″ would have been magic

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NEW YORK — The magic number was 51, but neither side would go there.

As a result: Poof! It all went up in smoke.

Some trick, eh? The ultimate disappearing act. Million of dollars, millions of fans –  all of them gone quicker than you can say Abracadabra.

If commissioner David Stern is to be taken at his word, all hopes for a full 82-game NBA season are now gone after negotiations to end the lockout broke off Friday over the issue of how to divide the financial pie.

“Billy (Hunter) said the players were not willing to go a penny lower than 52 percent, he said had been getting a lot of calls from agents, and he picked up his book and walked out of the room,” Stern said, adding that “under no circumstances” could there now be a full 82-game season.

Stern also said the sides had resolved all but three issues: The split of basketball related income, the question of whether tax-paying teams would be alowed to use the mid-level exception, and whether tax-paying teams could engage in sign-and-trade transactions. Agreements were reached, Stern said, on a more punitive luxury tax rate, full payments of contracts for the upcoming season, on the maximum length of contracts (the owners acquiesed on that and agreed to the union’s demand of five-year contracts for Bird free agents, four years for others) and on several other system issues that had taken up the majority of the sides’ time as they met for nearly 30 hours over the past three days.

But then they decided to talk about the infamous “elephant in the room,” and Stern told the players the owners were willing to do a 50/50 split.

That was not what the players were expecting to hear, especially after Stern had said the previous night that everything was negotiable, and it was the moment that killed the talks.

If Stern had said 51, which would have represented a $40 million move on his part, they’d probably still be in the conference room finishing off this deal.   

Instead, they climbed into their limousines and went their separate ways, leaving everyone guessing what the next step will be to put an end to this madness, and when that next step might be taken.

They are now a mere $80 million per season apart. Their sport generates $4.2 billion in annual revenues. The players have given back $200 million per season over 10 years, a total of $2 billion, which is still not enough.

So the village shall be burned in order to save it. Yes, this is as strange as it is sad and stupid.

“I would say both sides are very badly damaged.  The amount of dollars lost to the owners is extraordinary, and the amount of dollars lost to the players under individual contracts is also extraordinary.  There will be two severe sets of losses.  But that’s what happens in a labor dispute where there’s a shutdown,” Stern said. “And invariably you could make computations about who’s going to be able to make it back and who’s not going to be able to make it back, and I’m not sure that anytime in the short run the owners will be able to make it back.  And I know for a fact that in the short run the players will not be able to make it back, and probably never will be able to make it back.”

Stern said the next offer the owners will make will take into account the financial losses the owners are taking by losing a chunk of the 2011-12 season, which means the players may not like what they hear the next time the sides meet.

The owners’ next offer might very well begin with a “forty.”

“We had three different indications that led us to believe that 50/50 would get the job done,” Stern said.

Obviously, 50/50 won’t get the job done. A 51/49 offer might have.

Why didn’t Stern make a move on that number?

Only he knows the answer, and he’ll be taking it to bed with him.

Hopefully, it’ll be a sleepless night for the commissioner who wouldn’t budge when he merely needed to bend.

 

Lockout talks have broken off

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NEW YORK — NBA labor talks have broken off over what was always the most contentious issue — the split of revenues.

And commissioner David Stern is now saying there will not  an 82-game schedule “under any circumstances.”

Union director Billy Hunter said the players did not move off their offer of 52.5 percent of revenues, and he said the owners had taken their 50-50 proposal off the table and are now back to offering 47 percent — an assertion that Stern disputed.

“I don’t ever say ‘best and final,’” Stern said. “But our next offer will reflct the extraordinary losses that we are absorbing now.”

Hunter also said Stern “snookered” people by saying he was coming to Friday’s meeting prepared to negotiate on all issues.

“We did what [Stern] said [he] needed and it was like their eyes got bigger. They just wanted more and more,” Hunter said. 

According to Hunter, during the negotiating session Stern listed five system items on the board that the sides needed to resolve, and the discussion then moved to the split of revenues.

Hunter said as long as those five issues remained unresolved — most of them had to do with restrictions on teams that surpass the luxury tax threshold, such as a prohibition against signing mid-level free agents — the players were not willing to move off their number, 52.5 percent of basketball related income, after making numerous concessions.

That pretty much ended the meeting after the sides had spent roughly 6 1/2 hours together, and the union exited the hotel shortly after 5:30 p.m. EDT saying no further talks were scheduled. The league has cancelled all games through Nov. 30.

“Billy said the players were not willing to go a penny lower than 52 percent , he had been getting a lot of calls from agents, and he picked up his book and walked out of the room,” Stern said.