NEW YORK – Rejecting the owners’ take-it-or-leave-it labor offer, NBA players decided to dissolve their union in a process that could win them leverage with the filing of antitrust suit against the league – while also threatening the 2011-12 season.
“There will ultimately be a new collective bargaining agreement, but the 2011-12 season is now in jeopardy,” NBA commissioner David Stern said in a statement in response to the union’s action.
The players’ decision came after a four-hour meeting with union officials and several players representing each of the league’s 30 teams. NBA commissioner David Stern had threatened the players with a worse offer if they didn’t accept the current proposal.
“We’ve arrived at the conclusion that the collective bargaining process has completely broken down,” union executive director Billy Hunter said.
Union officials served the league with a “disclaimer of interest,” officially informing Stern of their plans to disband and become a trade organization. Jeffrey Kessler, who had acted as the union’s lead negotiator, will represent the players in their litigation with the league, along with David Boies, a famed antitrust attorney. Boies worked for the NFL against the players’ antitrust suit this past summer, putting him on opposite sides of that sport’s labor battle with Kessler.
“I would hope that, in the face of a disclaiming union, where there’s no hope of collective bargaining, that the owners would reconsider whether, under these circumstances, it makes sense to continue to boycott,” Boies said. “But I have no idea what [the owners’] strategy is.”
The players had agreed to accept a 50-50 revenue split with the owners, provided they resolved some of the system issues that could limit player movement. In several media interviews over the weekend, Stern repeatedly said the owners were done negotiating and that the players must accept the league’s current proposal or risk a worse offer.
Union officials said the players at Monday’s meeting voted unanimously to file the disclaimer of interest rather than put the owners’ proposal up for a full membership vote.
“This is the best decision for the players,” union president Derek Fisher said. “I want to reiterate that point, that a lot of individual players have a lot of things personally at stake in terms of their careers and where they stand. And right now they feel it’s important – we all feel it’s important to all our players, not just the ones in this room, but our entire group – that we not only try to get a deal done for today but for the body of NBA players that will come into this league over the next decade and beyond.”
Stern repeatedly called the union’s disclaimer a “negotiating tactic” in an interview with ESPN and said the players were receiving bad advice from union leaders.
“They seem hell-bent on self-destruction,” Stern said. “…It’s just a big charade. It’s really irresponsible given the timing of it. The union is ratcheting it up to see if they can scare the owners into something, and that’s not happening.”
The league had planned for this possible scenario with the players, alleging Kessler had threatened an antitrust suit in a February 2010 bargaining session. The NBA filed a claim with the National Labor Relations Board – and also began litigation in federal court – alleging the union wasn’t bargaining in good faith.
“We have negotiated in good faith for over two years and we’ve done everything anybody could reasonably expect of us, particularly when you look at the number of givebacks and concessions,” Hunter said. “The players just felt they had given enough and the NBA was not willing or prepared to negotiate. Things were not going to get better.”
Courtesy of YahooSports.com
Gary man won’t give up
Post-Tribune (IN) December 21, 2003 | Anthony Kadarrell Thigpen, Post-Tribune correspondent THIS ELECTRONIC VERSION MAY DIFFER SLIGHTLY FROM PRINTED VERSION Physical therapist Amy Gahan helps Anthony Whiteside with stretching exercises at Fitness Pointe in Munster. Whiteside has Arnold Chiari Malformation, a rare condition of the cerebellum.(PHOTO) (PHOTO PROVIDED) Antwone Whiteside’s life took a turn for the worse when he was physically disabled by a rare condition at age 25. He can’t walk without a cane, he can’t pick up his four children and surgical procedures left him unemployable. But, he’s counting his blessings. arnoldchiarimalformation.org arnold chiari malformation
“I thank God every day for life,” Whiteside said. “I never give up.” The Gary resident was diagnosed with Arnold Chiari Malformation (ACM), a rare abnormity of the rearmost part of the brain called the cerebellum. According to his physical therapist, Amy Gahan, displaced cerebellums enter into the same space where the spinal cord enters the skull. She explained ACM causes an interference with the flow of spinal fluids to and from the brain.
Whiteside said his symptoms seemed to start overnight. He experienced severe headaches, 105-degree fevers and chronic, low-back pain.
During the early stages of Whiteside’s illness, he struggled to complete his degree in graphic design at Westwood College of Technology. But before graduation, his condition worsened.
“I was in so much pain,” Whiteside said.
He lost his balance and fell; a knee injury landed him in The Methodist Hospitals in Gary.
“(ACM) is a neurological disorder,” said Gahan. “It’s the part of the brain responsible to for balance.” She said, in some cases, surgery can reverse the condition. Whiteside recently underwent three surgeries in three months.
“They removed a portion of the bottom of my skull,” said Whiteside. “The procedure freed some of my nerve tissue.” The two additional surgeries performed after his transfer to the University of Illinois in Chicago Hospital were do to residuals from the first procedure. Whiteside has a permanent tube implant that removes excess fluids from his brain.
“Without the surgery, I could have been paralyzed, he said.
Since then, he has progressed from a wheelchair, to a walker, to a cane. To help in his rehabilitation, Whiteside receives treatment from Community Hospital Outpatient Physical Therapy at Fitness Pointe in Munster.
Westwood College allowed Whiteside to finish his final courses while hospitalized. He received an associate degree, but lost his job and insurance after 90 days of medical leave.
“I’ve never seen a patient with such a great attitude,” said Gahan while helping Whiteside with balance techniques during therapy.
She hopes he’ll get better and have enough balance to take care of his children.” Whiteside and his wife, Nicole, have four children: Alyssia, 6, Areiana, 4, Alaya, 3, and Antwone Jr., 6 months.
“It’s difficult,” said Whiteside, who only worries about one thing. “I can’t pick up my kids and I can’t play with them.” Gahan said his condition affects both arms and legs. During therapy, he performs exercises that mimic motions of lifting his children and other techniques that imitate real-life situations.
Whiteside said his medication caused him to become incoherent and hallucinate during much of his stay in the hospital. But his implant, cane, surgical scars, physical therapy and financial hardship make it difficult to forget.
Whiteside said he believes this is temporary and that God will heal him. “In January, I plan to walk without this cane,” he vowed.
ABOUT ARNOLD CHIARI MALFORMATION Arnold Chiari Malformation is a condition in which the cerebellum portion of the brain protrudes into the spinal canal. It may or may not be apparent at birth. Arnold Chiari I type malformation usually causes symptoms in young adults and is often associated with syringomyelia, in which a tubular cavity develops within the spinal cord. Arnold Chiari II type malformation is associated with myelomeningocele (a defect of the spine) and hydrocephalus (increased cerebrospinal fluid and pressure within the brain), which usually are apparent at birth. Myelomeningocele usually causes paralysis of the legs and, less commonly, the arms. If left untreated, hydrocephalus can cause mental impairment. Either type of Arnold Chiari Malformation can cause symptoms of headache, vomiting, difficulty swallowing and hoarseness. see here arnold chiari malformation
Adults and adolescents who are unaware they have Arnold Chiari I type malformation may develop a headache that is predominantly located in the back of the head and is increased by coughing or straining. Symptoms of progressive brain impairment may include dizziness, an impaired ability to coordinate movement, double vision and involuntary, rapid, downward eye movements.
Treatment Infants and children with myelomeningocele may require surgery to repair protrusion of the meningeal sac into the spinal cord. Hydrocephalus may be treated with surgical implantation of a shunt to relieve increased pressure on the brain. Some adults with Arnold Chiari Malformation may benefit from surgery in which the existing opening in the back of the skull is enlarged.
Prognosis Infants with very severe malformations may have life-threatening complications. Most patients who have surgery experience a reduction in their symptoms. Some patients may experience prolonged periods of relative stability.
Source: National Institute of Neurological Disorders and Stroke Anthony Kadarrell Thigpen, Post-Tribune correspondent
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NEW YORK – Rejecting the owners’ take-it-or-leave-it labor offer, NBA players decided to dissolve their union in a process that could win them leverage with the filing of antitrust suit against the league – while also threatening the 2011-12 season.
