(REUTERS) – The National Basketball Association (NBA) filed a lawsuit yesterday against the players’ union seeking a ruling that the lockout of players does not violate antitrust laws. The NBA said the lawsuit, which was filed in Manhattan federal court, arises from the players’ union’s threatened use of antitrust litigation to extract a more favourable contract in ongoing negotiations.
“The Union’s improper threats of antitrust litigation are having a direct, immediate and harmful effect upon the ability of the parties to negotiate a new collective bargaining agreement,” the lawsuit said.
A spokesman for the NBA players’ union did not immediately return a call seeking comment.
The NBA also said yesterday that it filed an unfair labour practice charge against the players’ association before the National Labour Relations Board, saying the players have failed to bargain in good faith.
Throughout the negotiations for a new collective bargaining agreement, the NBA said the players’ union has repeatedly threatened to renounce its role as the bargaining representative of the NBA players.
In its federal lawsuit, the NBA called the move “an impermissible negotiating tactic” designed only to commence an antitrust challenge to the lockout and gain leverage in contract negotiations.
The NBA contended that the same tactic was pursued by the National Football League players’ union in its most recent collective bargaining negotiations.
In its federal lawsuit, the NBA also said it is seeking a ruling that federal courts lack jurisdiction to block the lockout.
The lawsuit comes a day after NBA officials and players’ representatives met for the first time since the league declared a lockout on July 1.
The dispute involves how to split some $4.3 billion in total revenues. The NBA says an overhaul of the pay structure is needed after 22 of the 30 NBA teams lost money last year.
The case is National Basketball Association v National Basketball Players Association, et al, U.S. District Court, Southern District of New York, No. 11-5369.