George Cohen, the director of Federal Mediation, sweeps in from Washington to New York on his white horse. Today and tomorrow, Cohen will try to save commissioner David Stern and the NBA players from themselves.
One prominent NBA veteran agent/attorney, Steve Kauffman, said he believes Cohen is the right man to recsue the NBA season.
“This arbritrator is an extraordinary individual,” said Kauffman, who has pled cases before Cohen when he did some arbritration work for the Players Association. “The thing about him is, he’s not just good, fair, insightful. He doesn’t have a big ego, there’s no pretense to him. It would be impossible for the owners not to respect this man. I’ve met thousands of lawyers in my life. He may be the best one I’ve ever seen.”
Cohen, appointed by President Obama to his position in 2009, will meet separately today with the Players Association and Stern’s NBA group. Tomorrow, Cohen and the two sides meet together. Cohen’s recommendations are not binding, as neither side has to go along with them.
Cohen is very familiar with the NBPA, serving as general counsel to the union in the 1980s and 1990s, and was front and center in the 1995 CBA negotiations.
Stern threatened Friday if a deal isn’t completed after the conclusion of federal mediation tomorrow, “the season could potentially escape from us” and Stern has indicated an inclination to soon cancel games through Christmas.
One NBA source, familiar with Cohen, said, “George is the only guy I’ve seen as smart as David Stern. And David knows it.”
Kauffman was an NBA player agent for 31 years before becoming an attorney for coaches and management. Kauffman represents Donnie Walsh, now a Knicks consultant.
Kauffman said he has noticed an increase in calls from NBA teams in recent days, looking to “expediate” contract talks with assistant coaches. Kauffman sees it as an indication owners believe something big is about to happen.
“The only thing that can prevent an agreement from being reached are egos and stubbornness,” Kauffman said. “With the BRI (basketball-related income), they both know within a point or so where the other guy is. System issues are things that can be mediated by an excellent arbitrator from looking at past CBAs and the current economy. [Agent] David Falk said he could solve this in one hour. For the first time in my life, I agree with him that it’s solvable.”
Wednesday begins the NBA’s Board of Governors meetings. One issue is whether two days will be enough time for Cohen to make a difference.
During his current tenure, Cohen mediated during the NFL lockout and has worked on owner-union disputes in Major League Soccer, the Metropolitan Opera and its musicians, the FAA’s dispute with Air Traffic Controllers and the American Red Cross and its unions. Cohen is credited with helping the NFL, though an agreement was not reached until three months after he stepped in. He also failed to prevent the NHL from canceling its season in 2004-005.
“We’ve always been in favor of mediation,” Stern said. “We find federal mediation could be helpful to break the logjam. Maybe a different perspective can be helpful. [Cohen’s NFL-NBA-MLS experience] makes him more knowledgeable. Given where the parties are, an extra set of eyes might be constructive.”
President Obama, who said last week he’s “heartbroken” the NBA regular season has been delayed two weeks, will watch intently. “I’m hoping those guys are back on the court soon,” he said.
“I’m delighted mediation is set because [Cohen] does represent The President’s view,” Stern said. “He is a presidential appointee. Maybe with his moral persuasion, we can make a deal.”
In a statement, Cohen said of the NBA war, “It is evident that the ongoing dispute will result in a serious impact, not only upon the parties directly involved, but also, of major concern, on interstate commerce — the employers and working men and women who provide services related to the basketball games, and, more generally, on the economy of every city in which those games are scheduled to be played.”