Nalod wrote:eViL wrote:Nalod wrote:No Union, no CBA........and no CBA means players can sign on as they wish, not have to have a majority vote on a CBA. Freaking brilliant. If some players agree to less, then can players holding out really sue on the difference and have grounds?
if no CBA, every player is an independent contractor, free to contract for whatever they feel they are worth. however, if no CBA, then likely no draft, no cap, no need for sign and trades, none of those artificial market restrictions. so maybe some would sign for less. but some would sign for a lot more.
i don't think one individual and unique player agreeing to contract, with his own personal priorities, and his own set of talents, can reflect on another player who could be in an entirely different situation and have a completely different skillset. i don't think it would be as simple as saying, "hey look, andy rautins took $15/hr to play NBA ball. now everyone must."
My point is if some players start to some back after decertifying it could blow holes in a lawsuit. Im just speculating.
If players start to play at lower values then the market resets itself.
Current contracts would still need be fulfilled, but for the Players to win a lawsuit they would have to show damages.
Im trying to see where the players get benefits by decertifying in the long run. I get the the fact it could kill the season, and I get the fact they can sue the owners based on them denying thier ability to make money but they are not doing that as the owners have made offers. Its just not for the same pay as before.
Im not legal law expert but few articles go far in the process. No writer has projected a who would clearly benefit from decertifying.
i posted an article in your other thread. it's a good one. written by a sports law professor at tulane.
basically, if the union decertify's they'd be able to sue the NBA under antitrust law. right now, since the players are unionized, the NBA is exempted from certain antitrust rules. antitrust law has very very serious damages for anti-competitive activity. the damages are tripled as a means of scaring businesses into competing. the idea is, you might get away with collusion and anti-competitive behavior for a little while, but whatever you profit illegally gained during that period will be washed away when we hit you with these mega-damages. it's statutory scare tactics.
the players would argue that the lockout is an illegal boycott where "competitors" have joined up and agreed to boycott NBA talent in an effort to drive the price down.
the chance that their argument would succeed is impossible to predict because there is no precedent involving a case with these circumstances. so it's a novel question of law and with that comes a lot of uncertainty. for players, the risk is losing multiple years of an already short career. for owners, the risk is suffering treble damages (i.e. triple damages -- don't ask me why they are called "treble" in the legal world). both sides have a lot at stake.
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