NBA: Why does the union NOT have a executive director?

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Process for NBPA's search must change

Editor's note: Jeff Schwartz is a prominent NBA agent. This is his first guest post for TrueHoop.

As a longtime and ardent supporter of the National Basketball Players Association, I am deeply troubled by the clandestine process to date in the search for the union's next executive director.

This is a critical hire for the players, who have been impacted so negatively by the most recent collective bargaining agreement. Salaries are down leaguewide, contracts are shorter and include less guaranteed money than they once did, and free-agent movement has been curtailed significantly at a time that NBA franchises are reaching record valuations. Leadership from the union's next executive director is essential to the ability of current and future generations of NBA players to restore many of the critical benefits that were lost in the last round of negotiations. But here we are again witnessing a search marked by the sort of troubling secrecy that has been synonymous with the NBPA for years.

One of the most frequent complaints voiced by players and agents against the previous regime was the union's obsession with secretive practices and compartmentalization. The expectation moving forward was that the NBPA would start to insist on transparency in everyday business operations and in the search for its next leader. The NBPA, however, has unbelievably yielded again to opaque methods in choosing the next union leader. This approach can no longer be tolerated.

The only way to repair the damage that has already been done, in my view, is to bring an immediate stop to the current process and then start the executive-director search over from scratch with a much broader approach.

Transparency in NBPA matters is essential for the healthy functioning of the union and for restoring the confidence and trust of players, agents and the public. Aside from a short meeting at All-Star Weekend in New Orleans -- which only a small percentage of players attended -- information on the search process has been withheld from anyone beyond the union's nine-player executive committee and a handful of NBPA staffers. No one else has been provided information about who was considered for the position, what qualifications were sought from the candidates, and how those qualifications were valued. Aside from the executive committee, furthermore, no one else has been afforded the opportunity to meet with and/or screen any of the purported candidates.

Despite the fact that it was widely reported in the media during All-Star Weekend that there are two finalists for the position, their identities have yet to be publicly disclosed. I've also spoken personally with a number of qualified candidates who either dropped out of the search due to the cumbersome process or say they were ruled out of the search without explanation. This is far too important a decision to be made via such an uneven process.

The next executive director should not be selected by a small group operating in a cone of silence. Players and agents alike should be involved in the process. They should be asked to identify possible candidates, provide their input regarding candidates and, most importantly, contribute to the composition of a list of finalists that is openly distributed to players and agents for consideration and vetting before any candidate is put forward for a vote. The union's announcement at All-Star Weekend that the process will proceed with players receiving video presentations from the two reported finalists is a rushed process at best and a manipulation of the process at worst. Players and agents have the right and responsibility to meet and question candidates face-to-face.

As strange as this sounds to me, I recognize that the prospect of involving player agents in this process is seen as a thorny issue by some in the union. I would counter by saying that the interests of agents and the players they represent, both individually and collectively, are indivisibly intertwined. Agents stand with their clients on the front lines of CBA negotiations with the NBA and represent players' interests during the draft and in contract negotiations with NBA teams. As such, we are stakeholders in this sport on a parallel plane with our clients and should have a voice in determining the NBPA's next leader. And from a strictly economic standpoint, no one is better versed in understanding what it will take for a new executive director to be successful in negotiating with the NBA than the agents.

All the proof you need can be found in the limitations of the current CBA. If the union and executive committee members had listened to some of us during labor negotiations in 2011, perhaps today our players would be rightfully sharing a larger piece of the NBA economic pie. Instead, our players will lose billions in revenue over the life of the current CBA thanks to the 7 percent decrease in their share of basketball-related income from the previous CBA, as well as the knock-on effects of shortened contracts and an increasingly punitive luxury-tax system on NBA teams that acts as a de facto hard cap.

At a time when some are projecting that NBA franchise values will cross the $1 billion threshold in the near future, only 58 players in the league are earning in excess of $10 million annually. Only six players are earning more than $20 million -- and five of those six players signed their original contracts under the guidelines of the previous labor deal. In Major League Baseball, by contrast, 22 players will make $20 million or more this upcoming season.

The union's interim executive director stated recently that there is a "healthy middle class” in today's NBA, with an average salary this season of $5.6 million and more than half of the league's nearly 450 players earning more than $2.6 million. But that “healthy middle class” is greatly exaggerated, with 72 percent of NBA players earning at or below the league average salary and 47 percent making less than $2.6 million.

Many of the fundamental benefits that players struggled for decades to achieve have been wiped out by the deal that ended the 2011 lockout. What is the union's strategy to reverse these trends? As the NBA moves forward into what we all hope will be a period of sustained growth and prosperity, it is incumbent upon the union to give its players every opportunity to share fairly in that growth and prosperity. The selection of the executive director who will lead the NBPA in this critical time in its history is crucial to making that happen.

The process leading to that selection, accordingly, must involve all of us who are concerned with the well-being of NBA players. The players have earned the right to find the most astute union head to protect and expand their interests in the 21st century. The next 10 years in the NBA are poised to be enormously profitable thanks to the fast-rising valuations of media rights and the global demand for the sport of basketball. The players have to make sure they are not left behind. The best way to do this is to bring the current process to an immediate halt and relaunch the executive director search again with the involvement of a larger group that includes the agents.

Jeff Schwartz is the president of Excel Sports Management. Excel's NBA clients include Kevin Love, Blake Griffin, Deron Williams, Paul Pierce, Tyson Chandler and Kemba Walker.

http://espn.go.com/blog/truehoop/post/_/id/66693/process-for-nbpas-search-must-change
 
Union reforms well underway

http://espn.go.com/blog/truehoop/post/_/id/66760/chris-paul-union-reforms-well-underway

Clippers guard Chris Paul is the president of the National Basketball Players Association, and is writing in response to an Op-Ed on TrueHoop from agent Jeff Schwartz.

I am just one of 450 players fortunate enough to be a part of the NBA; all of us are playing the game we love, in front of the best fans in all of sports. As we move into the second half of the season, I can tell you that my teammates and competitors around the league have an intense and primary focus -- putting it all together in the stretch run to the playoffs. Win or lose, these are the moments we work for all year long.

And while what happens on the court is essential, I have another privilege off the court -- to lead my fellow players as President of the National Basketball Players Association. As a member of the L.A. Clippers, my job is to compete fiercely against the other guys in the league, but as the elected head of our union, my role, which I take with the utmost seriousness, is to protect the interests of every player, and to preserve the health and integrity of the game of professional basketball.

I serve with player representatives from every team and with an Executive Committee of players who spend countless hours worrying about everything from critical business operations and necessary benefits and assistance for our players to the overall image and reputation of the league. While more people follow the game of basketball than follow the business of basketball, without question the NBA is a serious business, and one that wouldn't exist without the commitment of our players. Alongside our partners in this endeavor -- NBA Commissioner Adam Silver and team owners -- my fellow players and I accept and welcome our responsibilities for growing the game and enhancing the fan experience now, and for long after we've retired.

Working with our Acting Executive Director Ron Klempner, we've spent the past year reviewing and reforming the core policy infrastructure of our union, creating an organization that is strong, strategic, transparent and absolutely accountable to our players. Most notably, over the past many months, the NBPA's Executive Committee has been engaged in an extensive process and exhaustive search for a new Executive Director to lead the day-to-day operations of the union. For your average fan, this may not sound so important, but for our players, it's a big deal. Our next NBPA Executive Director will help define and shape the decisions that will govern the direction of the NBA in the decades ahead.

As ball players, we know a lot about recruiting, so in an effort to conduct a thorough and professional search, we partnered with outside consultants to identify over 200 professionals from the worlds of sports, law, labor and business who might be qualified to lead our union. Our Executive Committee has devoted the time, resources and energy necessary to narrow down this quality pool of potential candidates. During our All-Star Weekend Winter Meeting, we devoted virtually all of our time together to discussing the process that we've engaged in, and the procedures for considering and voting on our next Executive Director. We also heard from our leading candidates for the position to date, and players attending were able to take their measure.

I've been encouraged by the passionate interest in the outcome of these deliberations -- player agents, corporate sponsors, team owners, sports journalists and NBA fans. And while some of these interests have been critical or skeptical of the very deliberate steps we've been taking in this process, it's a testament to the commitment and passion we all have to protect our players and ultimately the game we all love so much. But make no mistake, the decision about our next Executive Director will be made by NBA players, in a process that has been and will continue to be open, transparent, painstaking and professional.

One of our greatest challenges as an organized group of players is managing the logistics that require us to be constantly moving throughout the country. However, we're in the last stages of implementing a plan that will allow every player to consider the candidates, discuss their merits with teammates and fellow union members and very soon, vote on new leadership for the NBPA. The process has taken time, but we know it has been time well spent.

Speaking on behalf of our Executive Committee and player representatives, getting this right has been far more important than just getting it done. This decision will be important to every current player, to our players in the years to come and to the sport of basketball itself. I'm excited and confident about the outcome, as the result will produce the strongest and most-qualified NBPA Executive Director to lead us into a great future for the NBA and our fans.
 
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