Jeffrey Kessler, one of the union’s bulldog negotiators during the lockout, has been added to the team to fight for Jeremy Lin and Steve Novak’s Bird rights in today’s arbitration showdown with NBA lawyers, according to a source.
The Players Association is trying to restore Lin’s and Novak’s Bird rights that were lost when they were waived by Houston and San Antonio, respectively. Without Bird rights, the Knicks have to use their $5 million mid-level exception to re-sign Lin on July 1 and would have no means of legitimately bringing back Novak.
NBA commissioner David Stern said he is confident in the league’s case.
“I think [a decision] will be relatively fast,” he said. “We’re anticipating it is in favor of [us] by the clear language of the agreement.’’
If the union wins, the Knicks will have their $5 million exception to go after more prominent backcourt players such as point guard Steve Nash or Boston shooting guard Ray Allen. Without a win, the Knicks could be resigned to using their $1.4 million veteran minimum exceptions on lower-tier point guards such as veteran Derek Fisher.
Players Association director Billy Hunter, union’s top attorney Ron Klempner and Kessler will face off against NBA’s top attoney, Rick Buchanan and outside counsel Howard Ganz. The union’s argument is being claimed off waivers is in the same legal spirit of being traded, when Bird rights are retained. The NBA always has tried to limit the Bird rights but if this favors Lin and the Knicks, all bets are off.
An arbitrator is unlikely to make a ruling today after what is expected to be a four-hour hearing.