Hubbard column: David Stern needs to rediscover the magic of David Stern

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In February, David Stern will – pardon the term – celebrate his 28th anniversary as NBA commissioner. It seems doubtful that he will be honored in a halftime ceremony anywhere, although the optimists among us are hoping there will in fact be multiple NBA halftimes.

If that is to happen, Stern will have to venture into territory that he hasn’t visited since – well, who knows? For the sake of discussion, let’s settle on the early ’80s at a time when he was the No. 2 man in the league and was on the way to becoming commissioner.

It was a kinder, gentler David Stern who charmed CBS executives at the time and convinced them to stop showing weekday NBA Finals games on tape delay after the local news. It was, to be precise, a humble David Stern who managed to get his championship games on live TV and lift his sport to a level of legitimacy that a major sport deserved.

That David Stern left the building long ago. That David Stern was not present at any time during the last two and a half years of collective bargaining negotiations with the National Basketball Players Association.

That David Stern was certainly nowhere to be found last Thursday when the current commissioner announced negotiations were over and if the players did not accept the owner’s last offer, the next one would be much worse. The current commissioner even mocked the players by telling NBA.com’s Steve Aschburner, “It’s never a take it-or-leave it offer at 47 percent with a flex cap. It could still be 46.5 [percent].”

If words were actions and Stern displayed that sort of behavior on the floor, he would get a technical foul for taunting. Off the court, it was much worse.

So now, David Stern must find his inner commissioner and somehow recapture a quality that has become foreign.

To save the NBA season and his league, Stern must find humility.

And that may be the biggest challenge of his career, because Stern’s relationship with the NBA is unique to him. He has been commissioner since 1984, but he first began working with the NBA in 1966 as an outside counsel for the law firm employed by the NBA.

Blame game: A few more crumbs, and Stern would have had Hunter

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I alluded to this in this morning’s post about nuclear winter, and I’ll expound on it in two more ways here: in print, and via audio.

You can bet your bottom dollar that David Stern wanted to have a full, 82-game season, or a fallback 72-game season if it netted him an extra $800 million, which it did. And you can double that bet on the notion that he never knew it would come to this back on June 30 when negotiations broke off and the commissioner predicted some degree of unpredictable collateral damage.

Stern had been bracing for this fight, he wanted to clean Billy Hunter’s clock because he knew this would be the last negotiation (of three) that they would do together, and he undoubtedly considers himself the better lawyer. He set himself up to win big, and that was what he was doing. When you are up $3 billion, you have to know when to pick up your chips, walk away from the table and go celebrate like Don MFing Johnson.

But Stern and his deputy, Adam Silver, screwed up. They made the monumental miscalculation that there would not be a mutiny from within the player/agent ranks if they pushed it too far, yet they pushed it too far late last week during the last round of negotiations, refusing to make enough concessions on system changes to win Billy Hunter’s endorsement.

Just think, if Stern had said “OK, Billy, I’ll let you have sign-and-trades for taxpaying teams, and I’ll give you a fourth year on the mini-midlevel,” we might be in a whole different place than we are today.

Stern already had his $3 billion giveback over 10 years, but he didn’t have Hunter.

He could have sprinkled enough crumbs here and there when the sides were meeting at the Helmsley on 42nd Street to get Hunter’s endorsement. But he acted like Leona and didn’t. He blew it, which is what I discussed with Lee “Hacksaw” Hamilton on XX1090 Sports Radio & ESPN 1700 in San Diego. Click here to listen.

 

 

 

 

The NBA’s nuclear winter has begun

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NEW YORK — The above image is the new Avatar on colleague Alan Hahn’s Twitter account — @alanhahn.

Yes, nuclear winter arrived yesterday, the day before what was supposed to be the first payday for players in the 2011-12 NBA season. But today is forecast to be another 65 degree day in the city that used to be the headquarters of the National Basketball Players Association, which technically no longer exists. Sort of. Just don’t try checking their Web site for clarification.

It is time for another mea culpa, because I have maintained a sense of optimism throughout this arduous negotiation and failed to back off when I should have. A little less than two weeks ago, when Billy Hunter was still demanding a 52.5 percent share of revenues but would not answer my question at union headquarters about whether he was prepared to drop one penny below 52 percent, as he had previously claimed, an alarm bell should have gone off.

And when Hunter dropped all the way down to 50-50 without being very, very specific about what that 50-50 offer was contingent upon, I should have forecast both his demise and the demise of this negotiation.

The best deal that Hunter and David Stern could have done to save face, save an 82-game season and save some semblance of the goodwill from the public that had been built up over the past few seasons was a 51-49 split. Once Hunter showed a willingness to drop to 50-50, he had given away the store. He went past the tipping point, commissioner David Stern did not throw him a lifeline, and the 50 players in the room yesterday were so ready to abandon ship that it took less than an hour from the time attorney David Boies entered the room to get to the point where the player reps were raising their hands in unanimity to have a new captain steering their vessel.

Who knows where this thing goes next, because the winds can shift dramatically in this epic epoch of idiocy. If I am Stern, I immediately either call Jeffrey Kessler and make him a better offer, or I start bellowing about how the latest proposal should have been put to a vote of the entire player population, trying to make someone else the villain and the object of the public’s scorn. (He’ll likely choose the latter).

But you know what? Stern has only himself to blame, because he could have pushed this thing over the finish line two weeks ago when the possibility of an 82-game season was still alive. Instead, he hammered away and hammered away, bringing out the competitive edge in his players, who wouldn’t be playing pro sports for a living if they hadn’t been born with the competitiveness gene. There is a reason why there is a mercy rule in several sports, and it should have been invoked. Instead, Stern went for a 50-point victory when he was leading by 40 late in the fourth quarter, and now look at how that strategy has panned out.

One of the themes I have constantly come back to is that these were smart, reasonable men negotiating this deal, and common sense and logic dictated that a mutually acceptable endgame was going to be there for both sides to embrace, even if they had to do so reluctantly.

You know what? I was naive. And to those readers who have complained that I gave them a false sense of hope, I apologize. But you know what else? This should have been settled. Everyone can see that. It was the logical thing to do.

But sometimes, logic is trumped by greed and idiocy. Life ain’t always fair. That is the lesson of the day.

Heisler column: Historic Blunder, anyone?

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Optimism on life support, or anyone up for a Historic Blunder?

Of course, NBA players would be out of their gourds to reject 50 percent of revenue because it’s not 51 percent, a difference of, oh, $400 million over 10 years … compared to the $780 million they lose in a 50-game season … or $2 billion if there’s no season.

Who lets these guys out without babysitters?

Of course, that also applies to the owners who are threatening to shut down for the same 1 percent.

It’s one thing to fight to the end when you have to, like the destitute NHL in 2004.

It’s another thing to get a massive giveback with NBA players ready to go from 57 percent to 51percent of basketball-related income, then go to war for the last 1 percent.

NBA owners are now agreed that Commissioner David Stern promised them too much.

It’s true.

On the other hand, there’s a good reason why Stern promised so much while expecting to end this short of a cataclysm.

Despite the NBA’s issues—thin operating margins, rich-market dominance—its future is so bright with TV rights fees heating up, it needs shades, not blinders.

This fight goes back to the 2008-09 season, the fourth season of the old labor deal, at which point no one had cited any $250 million annual losses.

With the economy melting down, Stern, the owners and everyone running anything in America thought they would have to reconfigure all deals.

Billy Hunter was so agreeable, he appeared with Stern at the 2009 All-Star Game in Phoenix, offering to discuss a new deal there and then (“We all understand that we live and benefit from the success of the NBA.”

The NBA decided to wait for crunch time, taking the “crunch” literally.

Stern told his owners he’d fix this without taxing the rich, as they always had with revenue-sharing about 10 percent of baseball’s, as Portland’s Paul Allen and the Knicks’ James Dolan, whose luxury taxes financed small-market losses, pulled back.

Stern wanted to cut the players’ 57-43 share to 50-50, giving himself bargaining room by starting with the owners at 57 and the players at 43.

That was so transparent, NBA officials complained that union people weren’t even taking it seriously.

Meanwhile, something no one on either side expected happened.

The economy recovered, at least as it affected the NBA.

With a glamor-market rebirth as the Lakers and Celtics won three titles and met in two Finals, revenue fell off once, in 2009-10… by 1.7 percent, after the NBA said it might drop 12 percent.

With LeBron James’ move making Miami the most controversial NBA team ever, last season’s BRI jumped to a record $3.8 billion.

For three years, Stern let the thunder roll ahead of his campaign as it never had, with modern media living for sensation and doomsday scenarios.

In fact, if the players did owe the owners some relief … and big markets owed small ones some relief … things were turning up.

The Lakers’ new 20-year $2.5 billion deal with Time Warner heralds a new day with zooming local TV rights.

Insiders say Laker profits, which used to be in the $45-60 million range, will go north of $150 million when the new deal starts in 2012-13.

If small markets won’t come near that, they’ll get more than they did… one reason why Phil Anschutz’s AEG, which owns Staples Center, offered to finance a new arena in Sacramento.

This is the league they want to shut down?

Stern had always had absolute control of his owners. Even with heat from the small-market guys — Donald Sterling of the Clippers told him he would have fired him at one meeting — Stern expected to be able to get them in line once again.

Had they made a deal two weeks ago when they could have played 82 games, it might have happened.

Now Stern is demanding the players take the offer or he’ll roll it back to 47 percent of revenue, cut existing contracts, etc.

In other words, it’s now or never, or at least not before January.

It’s not that the players won’t consider the offer, and may even accept it.

The problem is Stern playing to his hard-liners, talking to 400 players, half of whom have Tony Montana posters, like they’re punks.

How nuts is this?

Consider some hard-line owners, who are like the fake needy President Ronald Reagan had in mind when alluding to “the truly needy.”

The list starts with Allen, the richest and biggest taxpayer ever, having once written a check for more than $50 million.

Then there’s Sterling, thought to have made at least $100 million in 11 seasons in Staples Center while appearing in the playoffs once.

Others include San Antonio’s Peter Holt, another taxpayer whose stars are now in their declining years, and Minnesota’s “hard-pressed” Glen Taylor, another billionaire who just gave Rick Adelman a five-year $25 million deal.

Hey, there’s nothing that says owners can’t lose their minds. It’s why they want to be owners.

It happened in baseball, over and over, finally with horrible consequences.

Today, the union, not the commissioner, runs baseball, which, alone among major U.S. leagues, has no salary cap.

Commishes tried to put in meaningful steroid testing, which might have headed off the scandal that followed, in the ’80s, but that was a no-go for the union, too.

How did the union get so powerful?

Baseball owners declared war in shutdown after shutdown.

Fighting for survival, the union went from a dissension-riven band with stars like Carl Yasztremski and Mike Marshall splitting off, to a superb, united fighting force, run by hard-nosed lawyers Marvin Miller and Don Fehr.

By 1994, the commissioner was Bud Selig, the likeable owner the other owners elected to stop telling them things they didn’t want to hear from outsiders like Peter Ueberroth and Fay Vincent.

Selig let the players start that season without a contract, handing them control of the calendar.

On Aug. 12 with the post-season nearing and leverage swinging to them, the players struck.

Selig lost his World Series, made peace the next spring amid fears of treble damages from the union’s anti-trust suit and hasn’t challenged it since.

Good luck, NBA. If no one has the sense God gave a goose, you’re all going to need it.

Mark Heisler is a regular contributor to SheridanHoops. His columns appear each Monday.

Stern told AP: No tweaks

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NEW YORK — Here is an update from the lobby of the hotel where the players are meeting:

Kobe Bryant and Carmelo Anthony and Tyson Chandler are among the players meeting in a conference room, sitting nearby in the media workroom is Brian Mahoney of the AP, who is reporting some more of what commissioner David Stern told him Saturday night.

Incredibly, because of its timing — right smack dab in the middle of the players’ meeting, we are getting word of Stern’s strongest ultimatum yet.

In response to a question of whether he’d accept any tweaks to the deal that is currently on the table, Stern said no.

“I want to answer this diplomatically. The next time we meet to discuss anything, we’ll be discussing the 47 percent proposal. This is it,”  Stern said. “We’ve been negotiating this for 2½ years. The owners authorized a revised proposal, and they said if it’s not acceptable and they want to keep negotiating, we present them with a 47 percent, flex cap proposal. They know it,” Stern told the AP.
 
Also, Stern gave an even more foreboding quote to Steve Aschburner of NBA.com: “It’s never a take it-or-leave it offer at 47 percent with a flex cap. It could still be 46.5 [percent].”
 
So the story, it appears, will evolve by the hour today.
 
Keep checking back here for updates, more of which are provided on my Twitter feed.