Interesting Development in NBA Dispute: The league apparently has decided not to seek a restraining order preventing arbitrator Roger Kaplan from hearing an appeal of the Pacers brawl suspensions. The NBA has said it reserves the right to challenge the arbitrator's finding after it is issued.



This is an interesting strategy. By allowing Kaplan to hear the cases, Stern is making an important concession to the union and is permitting his own power to be checked. This could be very important in the next collective bargaining negotiations and could help ensure the labor peace. In addition, perhaps Stern wants the punishments to be lessened but does not want to appear as if he is giving into union demands. Kaplan could do this, and if he goes too far, Stern and the league could go to federal court to challenge his authority. On the other hand, Stern is giving up a great deal of power. Will all future punishments for on-court incidents be appealed? Stern and the other top league officials are very smart -- I am sure they have a good reason for this move. It will be interesting to see what that is.



The hearing will be held Thursday and Friday with a decision due next week.

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