Abraham Jewett  |  November 17, 2022

Category: Labor & Employment

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Close up of a basketball going through a basketball hoop - Irving suspension
(Photo Credit: Brocreative/Shutterstock)

Kyrie Irving suspension charge overview: 

  • Who: Independent labor activist group The Labor Organizers filed a charge against the National Basketball Associations’ Brooklyn Nets. 
  • Why: The Labor Organizers claim the Nets violated federal labor laws by indefinitely suspending player Kyrie Irving after allegations of anti semitism.
  • Where: The charge was filed in National Labor Relations Board Region 29. 

An independent labor activist group claims the National Basketball Association’s Brooklyn Nets violated federal labor laws by indefinitely suspending player Kyrie Irving for deflecting a reporter’s question of whether or not he was antisemitic. 

The charge was filed with the National Labor Relations Board (NLRB) by independent entity The Labor Organizers, according to court documents. 

The Labor Organizers claim the Nets are in violation of the National Labor Relations Act for choosing to suspend Irving rather than simply revoke his contract, under conditions set out by the league’s collective bargaining agreement (CBA). 

“Under the (uniform player contract) and CBA a team can terminate … (an) employment contract by first following the waiver protocol,” states the charge. 

The Labor Organizers argue the Nets are violating conditions set out by the league’s CBA with its standard contract and the National Basketball Players’ Association. 

“The Brooklyn Nets indefinite suspension of the employee is a tactic to avoid compliance with the waiver protocol. If the employer followed the waiver protocol (Irving’s) contract with the Nets would officially end and (his) free agency period would begin,” the charge states.  

Irving in hot water after allegedly promoting film with antisemitic tropes

Irving made headlines last month after he made a social media post promoting a film called “Hebrew to Negroes: Wake Up Black America,” that repeated antisemetic conspiracy theories about Jews. 

The social media post brought widespread criticism against Irving, including from Nets owner Joe Tsai, and Nike — which chose to halt its sponsorship with Irving following his suspension from the team — Law360 reported. 

Irving would later deflect a question about whether or not he was antisemitic, prompting the Nets to indefinitely suspend their star guard while stating he would not be allowed to return until he “satisfies a series of objective remedial measures.” 

Going forward, the NLRB will investigate the charge against the Nets and determine whether it has legal merit to warrant bringing a lawsuit against the organization, Law360 reported. 

Last month, a group of NCAA athletes asked a federal judge in California to certify several classes of athletes seeking to end the organizations’ restrictions on their abilities to profit from their names, images and likenesses. 

Do you believe the Nets were right to have suspended Kyrie Irving? Let us know in the comments. 

The Kyrie Irving suspension charge is The Brooklyn Nets, Case No. 29-CA-306758, in National Labor Relations Board Region 29.


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3 thoughts onBrooklyn Nets charge claims team violates federal labor law with Irving suspension

  1. Bob Kahn says:

    Yes. The book is an anti semitic screed which offends Jewish people. It was not unreasonable for the Nets organization to suspend Kyrie Irving for his actions. I’m n fact he got off easy and should have been banned from the NBA. The team was hurt by what Kyrie Irving did. This was an important lesson to people who use social media to be careful about f their behavior and that their actions have consequences

  2. Rhamil O'Neal says:

    No The Nets was wrong for everything they did to Kyrie Irving going back to him standing on his square with the unsafe COVID-19 vaccine If the Nets wanted to really address the issue they would allow the true history to be told and not allow the world to continue to be misled with whitewashed history

  3. MELISSA PRESSLEY says:

    No, the Nets were not fair or reasonable in suspending Kyrie. Notably, Nets continued to increasingly change demands since this all unfolded, revealing bad faith motives. Initially, Nets had not complained of any specific statements made in the 3 hour movie. Its criticism focused on Alex Jones and past statements he had made. Ultimately, the anti-Semite labeling was an elevated effort to retaliate against Kyrie that has nothing to do with Kyrie hating Jews. Moreover, one can say that Nets owner promotes more offenses against humanity in his business dealings than Kyrie. So this is arbitrary.

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