The union and the NBA are closing in on a settlement to end the league’s Bird-rights appeal. The two sides made substantial progress during its weeklong talks on the case involving Jeremy Lin and Steve Novak, according to a league source.
As one league official said, “I’d be shocked if this wasn’t settled by Sunday.’’
Lin and Novak become free agents Sunday and will have their early Bird rights as long as the NBA agrees to drop its appeal.
“I think there’s a reasonable chance this will be done [today],’’ another person debriefed on settlement talks said.
After the union’s victory last Friday in the Lin and Novak arbitration battle, the NBA announced it would appeal, setting the stage for a public relations nightmare. In unprecedented fashion, the Knicks would have had to delay negotiations with free agents on Sunday amid an appeal.
The appeal would take weeks. The union will concede on minor issues regarding Lin and Novak’s Bird rights to have the NBA drop its appeal. The concession will not effect the Knicks’ improved free-agent prospects.
“The union won’t give up anything they won, but there were some ambiguous issues,’’ one league source said.
The union victory was a major boon for the Knicks, who will have the ability to re-sign Novak and Lin through Bird rights without using their mid-level exception. That mid-level exception instead can be used for another free-agent player, likely a point guard or shooting guard.
One drawback is their mid-level exception, general manager Glen Grunwald said, likely will be only $3 million and not the standard $5 million because they could well be a taxpayer.
Without the union victory, the Knicks had no means to sign Novak, their 3-point shooting ace, nor another middle-class free agent. Had the union lost, the Knicks would have had just the $1.4 million veteran’s minimum. The $3 million exception does not make them serious contenders for Steve Nash, but Jason Kidd, Andre Miller, Raymond Felton and Jameer Nelson could be had.
The union, led by attorneys Jeffrey Kessler and Ron Klempner, argued Lin and Novak deserved to keep their Bird rights just as any traded players would. Lin and Novak were claimed off waivers by the Knicks. Arbitrator Kenneth Dam ruled the CBA has unclear language regarding claimed players’ Bird rights, writing in his decision the CBA should have specified that such players lose them.
”The union is always willing to have talks with the NBA to work things out,’’ Kessler said yesterday. “If we can find a resolution, that would be great.’’
Last night, Grunwald said, “The NBA is doing a great job of keeping us abreast. When they reach a resolution, we’ll operate under any rules that exist.’’