"It's time to make the deal," Stern said, speaking deliberately and threateningly Wednesday in an interview on New York's WFAN radio. "If we don't make it on Tuesday, my gut -- this is not in my official capacity of canceling games -- but my gut is that we won't be playing on Christmas Day."

Tuesday is the day the league and players' association will meet with federal mediator George Cohen in an attempt to resolve their differences before more games are canceled.

"Deal Tuesday, or we potentially spiral into situations where the worsening offers on both sides make it even harder for the parties to make a deal," Stern said.

Stern confirmed that negotiating committees for the league and National Basketball Players Association will meet separately with Cohen on Monday and then will convene for a bargaining session under Cohen's supervision Tuesday. Why the deadline? Stern's Board of Governors is scheduled to meet in New York Wednesday and Thursday -- first for the planning committee to present its revenue sharing plan and then for a full board meeting.

Asked when more games could be imperiled after he canceled the first two weeks on Monday, Stern said, "I don't have a date here sitting at my desk. But if we don't have a deal by the time the owners are in, then what's the purpose of us sitting around staring at each other on the same issues?"

Sources familiar with the mediation process told CBSSports.com that Cohen at first wanted to hold bargaining sessions at his Washington, D.C., office beginning Thursday and continuing for the rest of the week. With owners headed to New York for the board meetings Wednesday and Thursday, that wasn't possible.

In a work stoppage known more for catch phrases and YouTube moments than compromise, this will go down as Stern's "Grinch" moment. Placing that much importance on the first sit-down bargaining session with a mediator who has no binding authority felt like a negotiating tactic more than a realistic deadline or threat.

But in responding to assertions made a day earlier on WFAN by union chief Billy Hunter, Stern did by far his most effective, convincing job yet of laying out the owners' vision for a new system that would shrink payroll disparity and enhance competitive balance in a new CBA.

In meticulous, lawyerly fashion, Stern skewered the union's bargaining stance on the key system issues standing in the way of a deal -- the type of cap system and contract length. He also took Hunter to task for his characterization of a 50-50 split of revenues that had been discussed in informal side meetings during a key bargaining session on Oct. 4 -- calling it an idea first broached by the players and saying Hunter's characterization of it "caused my head almost to explode."

"The first time 50 percent was uttered was several weeks earlier, by the players' negotiator (Jeffrey Kessler), who said it's not an offer, it's a concept," Stern said. "He said it's a concept if everything else stays the same. And we said, 'No, no, no, no.'"

Stern said when each side was in its respective room during the Oct. 4 session, there was a knock on the door.

"It was Derek Fisher, the president of the union and Jeff Kessler, the lead negotiator who probably does 70 percent of the talking for the union," Stern said. "And they asked us to come out into the hall, where I went with Peter Holt, the head of the labor relations committee, and Adam Silver, who's really our lead negotiator.

"Without trying to pin it on anybody in particular, all the parties to that conversation agreed that we would go back to our respective rooms and each promised to try to sell a 50-50 split," Stern said. "We were in the process of selling it, and there was a knock on our door. Kessler and Derek Fisher asked us to come into a room where they were with three other players -- not Billy -- and they said, 'We can't do it. We can't sell it.' And we said, OK, we get it.' Now it strikes me as strange that the union and the chief negotiator are being left out there because Billy wasn't in the room? I'm sorry."

Union sources have given a different account of the side discussions, saying the league at one point offered to try to sell a band of 49-51 percent for the players, while the players countered with a band of 51-53 percent.

"It was actually a union-initiated proposal, and it didn't fly, OK?" Stern said. "But Billy's ... you may have to have both of us in tomorrow with lie detectors."

In any event, Stern now considers the two sides to be six percentage points apart on the split of BRI, with the players asking for 53 percent -- a $1 billion concession over six years from their previous guarantee of 57 percent -- and the owners offering 47 percent. Stern made it clear that he believes the economic deal to be made is 50-50.

"When one side is at 53 and the other side is at 47, you have an idea of where this is going, OK?" Stern said.

While Stern's motivation to put another threat of canceled games out there was clear -- negotiating leverage -- it's unclear why he waited this long to give a thorough, persuasive summary of the system changes owners are seeking.

"If you live in a market where you have a perception as a fan that it's only open to the rich teams to have the best players, then you're starting out in a bad place," Stern said.

On negotiations over the type of cap system, Stern said, "We proposed to the players that every team have the same amount available (to spend). That's what the NFL has. And the union said, 'No way. That's a blood issue.' So we said, 'All right, all right, you know, good ol' softees that the owners are, how about the flex cap like NHL has, where you agree upon a band between $52 million and $68 million -- because you can compress the difference? And they said, 'Blood issue. That's still a hard cap at the high end. Why don't you propose a punitive tax?' We said, 'OK, we'll propose a punitive tax.' And we did."

Stern described in detail how the owners' latest luxury tax proposal would work: It would tax teams $1.75 for every dollar of the first $5 million over the tax threshold, with 50 cents added for each additional $5 million. So a team spending $20 million over the tax would be charged $32.5 million, compared to the $20 million it cost under the dollar-for-dollar tax system in the previous CBA. The players on Monday rejected the owners' luxury tax plan because it was so punitive, it would effectively serve as a hard salary cap.

The league also wanted to impose even stiffer penalties for teams that failed to come out of the luxury tax after a period of time -- repeat offenders, so to speak.

"We really have been reaching for the union here," Stern said. "... If anyone thinks we wanted to miss a single game, they are wrong."

Stern didn't mention the aspect of the league's proposal that would forbid tax-paying teams from using the Bird exception to retain their own free agents, but did reveal that the league proposed a so-called "Super Bird" exception whereby teams can re-sign one designated free agent for a maximum of five years. Other contract lengths would be capped at four and three years under the league's proposal. Previously contracts could be no longer than seven years for free agents who stayed with their teams and six years for those who left. The union has offered to cap contract lengths at five and four years, respectively.

"I was a participant in developing the Bird exception in 1983, so it doesn't break my heart to see it continued," Stern said. "But frankly, our owners went into this thinking that it was better to eliminate it so that teams could only keep certain players and the rest would be available to other teams."

Stern's spin on the league dropping its insistence on eliminating guaranteed contracts and rolling back existing ones was that, "We were anxious to save the season and make a deal." While the provision forbidding tax-payers from retaining Bird free agents would result in many of those players leaving their teams -- which is exactly what the exception was created to prevent -- he said the Super Bird provision would be "better for the players."

"The very good players will keep getting raises and new contracts, and the others, the money that becomes available by the expiration of the four- and three-year contracts will be available to the performers," Stern said. "That's what we call pay-for-performance. The union is not in accord with our view. They want longer contracts."

The luxury tax penalties and contract lengths will be the two most divisive issues when the parties meet with the federal mediator next week, Stern said.

"We really want the union and us to explain ourselves to a federal mediator," Stern said. "It may be that in the act of explaining, we will get a better reality check -- maybe of our proposals and our willingness, I accept that -- and maybe of the union's. We'll just see how that works out. So that's why, in some measure, both sides embrace the arbitrator."

http://ken-berger.blogs.cbssports.com/mcc/blogs/entry/11838893/32701731

The thing is that he has been doing this for years and his last CBA deal sucked for the owners so it's funny that he's considered such a success at what he does when he allowed the owners to agree to such a plan that they completely want to burn and move away from now. How do we know he's not wrong again. In truth Stern's record is largely based on the success of Bird/Magic and Jordan. Once they were all gone we got to see what he was really worth and based on the last CBA and the league losing money, i'd say the emperor has no clothes. He'll probably get his way again, but will it be a success or an abject failure like his last deal?

"It was actually a union-initiated proposal, and it didn't fly, OK?" Stern said. "But Billy's ... you may have to have both of us in tomorrow with lie detectors."

Stern: If no deal early next week, whole season in jeopardy
By David Aldridge, NBA TV
Posted Oct 13 2011 6:39PM

NEW YORK -- NBA commissioner David Stern said Thursday that if significant progress toward a new collective bargaining agreement isn't reached by early next week -- following the first scheduled session with mediator George Cohen -- that the remainder of the 2011-12 NBA season may be in jeopardy.

"Each side is going to meet with the mediator on Monday, and if there's a breakthrough, it's going to come on Tuesday," Stern said in an interview for NBA TV. "And if not, I think that the season is really going to potentially escape from us, because we aren't making any progress ... how many times does it pay to keep meeting, and to have the same things thrown back at you? We're ready to sit down and make a deal. I don't believe that the union is. Hopefully by Tuesday, aided by the mediator, they'll be ready to make a deal. Certainly I'll bring my owners ready to make a deal."

http://www.nba.com/2011/news/10/13/lockout-stern/index.html?ls=iref:nbahpt1

Cancelling the season will be bad for the sport so I believe there will be a shortened one similar to 99. If there isn't they will lose fans. Sure eventually many will come back, but it just doesnt look good.

Then it would have to convince a federal court that, among other things, the players have been caused irreparable damage during the lockout.

I would be curious to understand better what that really mans in practical terms via labor laws. The motion obviously has some merit otherwise it would be dismissed. I realize the quotes saying it has a long way to go before the players would be granted a victory, but I just wonder what that interpretation actually means.

CrushAlot wrote:Stein and others are reporting about the possibility of an 82 game season starting on 12/1.

NBA Finals in August! Yeah, MAN! Hot Damn!