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NBA files unfair labor practice charge, lawsuit against NBPA

By Official Release
Posted Aug 2 2011 10:18AM - Updated Aug 2 2011 10:38AM

NEW YORK -- The NBA filed two claims today against the National Basketball Players Association: an unfair labor practice charge before the National Labor Relations Board, and a lawsuit in federal district court in New York.

The unfair labor practice charge asserts that the Players Association has failed to bargain in good faith by virtue of its unlawful threats to commence a sham "decertification" and an antitrust lawsuit challenging the NBA's lockout.

The federal lawsuit seeks to establish, among other things, that the NBA's lockout does not violate federal antitrust laws and that if the Players Association's "decertification" were found to be lawful, all existing player contracts would become void and unenforceable.

"These claims were filed in an effort to eliminate the use of impermissible pressure tactics by the union which are impeding the parties' ability to negotiate a new collective bargaining agreement," said NBA Deputy Commissioner and Chief Operating Officer Adam Silver. "For the parties to reach agreement on a new CBA, the union must commit to the collective bargaining process fully and in good faith."

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