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Monday, October 17, 2011
Is decertification even possible?

By Henry Abbott

From David Aldridge on NBA.com:
Interesting tidbit from Lawrence Katz, the lawyer handling the union's National Labor Relations Board case against the NBA. In discussing possible decertification by the union, Katz said he believes that the NLRB -- which would handle any decertification vote by the union if such a vote were authorized by union members -- would not approve the vote.

"They would block any decertification petition," he said.

The decert talk has cooled in recent weeks, but if union members decided they wanted to dissolve the union, they would need 30 percent of their members to sign a petition declaring they want an election to decertify. The NLRB would then hold a hearing to determine if an election was warranted. If it approved, the election would proceed, and a simple majority of union voters voting yes would decertify the union. (A tie would also mean decertification, because the union would not have received a majority of votes.)

Yet Katz says the union's pending complaint against the NBA would make decertifying an impossibility.

"The vote on decertification is a vote controlled and run by the NLRB," he said. "In my opinion, they could not process the petition for a vote because of the pending petition."

Worth noting that Katz works for Billy Hunter, who has expressed little interest in decertifying (and would lose his salary in any such effort). The pressure to decertify has come mainly from agents.