Why would the NBA file an unfair labor practices charge against the NBA Players Association, you ask? Why would they center their argument around the NBPA threatening to decertify as a union when they have yet to officially do so? These are questions people are probably wondering about right now.
NBA Lockout: NBA’s Unfair Labor Practices Charge Gives Them Upper Hand In Upcoming Legal Battle
The answer, according to many, is that this gives the league the upper hand in a potential showdown in courts. Those that follow this issue closely suggest that the important move the NBA made on Tuesday is in its second suit, filed in a federal district court in New York. The suit was filed in the Second Circut, which has been favorable to owners in the past. Via Sports Law expert Gabe Feldman.
NY [lawsuit] is in Second Circuit. Second Circuit has been very favorable to NBA in previous antitrust litigation with the players.
More generally, as Ken Berger of CBS Sports notes, the league has beaten the players to the punch and allowed them to determine the venue of an upcoming legal battle. That, more than anything, is why the NBA rushed to file this suit.
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