NBA

NBA, union plan to talk again

No deal. Not yet. Maybe not ever.

Commissioner David Stern’s 5 p.m. ultimatum passed with the NBA and Players Association again embroiled in a heated, last-ditch, 12-hour negotiation that lasted until 1 a.m. Thursday morning.

Though they could not get to a handshake agreement, the sides will return to the table at noon in one last stab before Stern lays down the hammer.

“There was enough give and take from both sides to merit us coming back [today],’’ Hunter said.

Indeed, the vibe in both the players’ and Stern’s press conferences was that it had been a good, upbeat 12 hours and they were trying to suppress their optimism.

“We’ve stopped the clock,’’ Stern said of the ultimatum. “I would not read into this optimism or pessimism. We continue to negotiate. We’re trying to see if there could be a reason to go back to our respective sides with. Nothing was worked out today.’’

Stern said if today’s negotiating session ends without a handshake agreement, the ultimatum kicks in and the owners’ 50-50 revenue split offer is off the table, replaced by a 47-percent players’ take and hard salary cap.

“We’re trying to demonstrate our good faith,’’ Stern said on why he extended the deadline.

A union source said it told the NBA it is very willing to compromise on the revenue-split number but did not officially offer a 50-50 revenue split as it had indicated Tuesday.

The source said in order to go down to the 50-50 split, it would need a certain amount of owner concessions in the luxury-tax logistical issues regarding teams going over the salary cap.

“I can’t characterize whether they showed flexibility,’’ union president Derek Fisher said. “Not as much as we’d like. If they did, we’d have a deal done. There is still a lot of work to be done. We’re going to try but we’re not sure if that will be enough.’’

Fisher denied the union was officially at 50-50.

“We stated an openness and willingness to come off our number and come closer to deal on economics,’’ Fisher said. “We’re willing to move on but never actually said here’s a 50-50 system.’’

Both press conferences were cut short and each side was hesitant to go into details on what compromises were made.

If the union officially goes down to 50-50, it will mark a seven-point percentage drop from the previous collective bargaining agreement. Stern said previously a 50-50 revenue split would put all of his owners in break-even or profit situation. But deputy commissioner Adam Silver said the owners’ insistence on a system that ensures competitive balance is independent of the revenue split.

If a deal is reached today, there is a possibility of a 76-game season. The Post has reported if a deal was hatched by last weekend, a 78-game season was possible. Sources said the number of games would have to be an even number.

“There are many other issues of importance,’’ Stern said. “We’re not failing, we’re not succeeding.’’

All November games have been lost, and if negotiations fall apart today, Stern will be ready cancel another two weeks from Dec. 1 to Dec. 14. Stern has said repeatedly the league would need 30 days from the time of a tentative agreement until opening night.

The players, meanwhile, would continue looking into decertification with the NLRB.

Yesterday was Day 132 of the lockout, equaling the NFL’s lockout, but no football games were ever missed.

The last-minute meeting was spawned when Hunter said the union would be willing to compromise further on the revenue split of $4 billion. Stern already has said a 50-50 revenue split would put all the teams in a profitable situation, clearing one major hurdle. The small-market owners, however, have talked about competitive balance with a harder salary cap.

Specifically, Hunter needed the NBA owners to make concessions on the luxury tax penalties for teams over the salary cap.

“There are so many issues that have not been resolved,’’ Hunter said.

It was a small-group meeting yesterday, and even if Stern had felt there was a framework of a deal, it still would have had to pass approval from the owners. They would need a majority vote of 16 owners to approve.

The only owner who agreed to meet was Spurs owner Peter Holt, the head of the negotiating committee. Stern, deputy commissioner Adam Silver, NBA counsel Dan Rube, and attorney Rich Buchanan were present.

The union was represented by Fisher, union VP Roger Mason, Hunter, union attorney Ron Klempner, economist Kevin Murphy and negotiator Jeffrey Kessler, who apologized to Stern yesterday for a remark he made to the Washington Post, saying the commissioner is treating the players like “plantation workers.’’ Stern responded by calling Kessler “the most divisive force’’ of the lockout.

Kessler released a statement, saying the remark was “inappropriate’’ and was uttered in an exhausted state late at night on Monday

“I intend to call Commissioner Stern and offer my apologies for the remarks, Kessler stated. “It’s very important that there be no distractions now and that the parties try to make a deal to save the season.”