Ben Simmons, Kyrie Iriving, and the NBA’s Collective Bargaining Agreement
On Monday 6 March, and just two days before its arrival, the National Basketball Association (‘NBA’) and the National Basketball Players Association (‘NBPA’) agreed to extend an early opt-out deadline for their existing Collective Bargaining Agreement (‘CBA’).
The Collective Bargaining Agreement between the NBPA and the NBA sets out the terms and conditions of employment for all professional basketball players playing in the National Basketball Association, as well as the respective rights and obligations of the NBA Clubs, the NBA, and the NBPA.[1]
In extending this deadline, each side demonstrated an intent to settle on terms and agree to a new deal before the current CBA expires at the conclusion of the 2023-24 season.
This microblog will explore the contentious issues over which the NBA and NBPA are currently negotiating, and highlights how the unique experiences of Australian players Kyrie Irving and Ben Simmons, may influence the final outcome of the CBA.
The Risk of Failing to Make an Agreement: Avoiding a ‘Lockout’
Collective bargaining over the NBA’s history has not been without controversy. In 1995, a failure of the NBPA and the teams’ owners to reach consensus resulted in a ‘lockout’ with a 3-month delay the 1995-96 season commenced. Similar circumstances in 1998-99 and 2011 resulted in a shortening of the regular season by 32 and 18 games respectively. Reaching an agreement on the current CBA is therefore crucial to prevent another one of these ‘lockouts’ from occurring again.
Key Issues in the Current Negotiations between the NBA and the NBPA
The ‘Upper-Spending Limit’
The primary issue in the current negotiations seems to be the proposed introduction of an upper-spending limit under the NBA salary cap — which currently permits an exceeding of the cap with scaling fiscal penalties for big spenders, was met with fierce opposition from the players union.[2]
Players from teams such as the Golden State Warriors, who themselves operate ~USD$77,000,000 over the maximum limit, retain a vested interest in this upper limit, with their owners keen to shell out more money in the pursuit of a championship.
Load Management
However, concerns are not isolated only to the salary cap structure. Indeed, the contemporary prevalence of ‘load management’, whereby elite players consistently sit out regular season games, is of great concern to owners who seek to maximize their intakes from seat sales.
Australian Players at the Forefront: The Leverage of Star Players and Mental Health Concerns
Curiously, two native Melbournians stand at the forefront of CBA tensions. As Forbes reported in February,[3] Kyrie Irving’s trade demand, made not 1 year after an extended vaccine-related absence[4] and a social media controversy relating to antisemitism[5], foreshadowed owners’ concerns with the leverage wielded by star players. Indeed, removing these players capacity to hold teams to ransom has long speculated to be a principal focus for owners as negotiations rage on.[6]
As for Ben Simmons, owners throughout the league eagerly watched over his dispute with the Philadelphia 76ers — a dispute which, among other things, exposed the existing CBA’s failure to address players’ mental health.[7] Look out for owners to make great efforts to ensure that going forward, USD$20 million entitlements won’t hinge upon the assessments of non-team doctors.[8]
Conclusion
The NBA’s CBA negotiations tackle a variety of nuanced legal areas — employment, mental health, image rights and physical player safety. As the threat of another lockout looms large over the NBA, the unfolding of this dispute will no doubt ripple through bargaining in the world of professional sport, as other leagues watch on to see what agreement is reached on these key issues, as this may go on to shape similar clauses in their own CBA’s.
[1] https://nbpa.com/cba
[2] https://www.espn.com/nba/story/_/id/35601690/sides-extend-early-opt-date-nba-cba
[3] https://www.forbes.com/sites/leonardarmato/2023/02/12/kyrie-irving-trade-is-tipping-point-for-nba-collective-bargaining-talks/?sh=4ff613473b10
[4] See https://www.cbssports.com/nba/news/kyrie-irving-practices-with-nets-addresses-absence-i-knew-the-consequences-i-wasnt-prepared-for-them/
[5] https://www.nytimes.com/article/kyrie-irving-antisemitic.html
[6] https://www.dailycal.org/2022/07/06/kyrie-irving-james-harden-ben-simmons-forever-change-nba
[7] https://www.forbes.com/sites/bryantoporek/2022/04/03/ben-simmons-grievance-has-major-implications-for-disgruntled-nba-stars/?sh=257355524272
[8] See https://www.complex.com/sports/ben-simmons-76ers-settle-grievance-20-million-dollars-withheld-in-2021-22-season