NEW YORK -- Elbert Tellem, the assistant director of the National Labor Relations Board's regional office that handled the players' union's charge against the NBA, has recused himself from the case because he is the cousin of powerful agent Arn Tellem.
Sports Business Journal first reported the news Monday, and a person familiar with the decision told CBSSports.com it happened several weeks ago.
The move by Tellem to remove himself from any decision-making role in the union's unfair labor practices charge likely will have no impact on the outcome. The case, which has been sent to the NLRB's general counsel in Washington, D.C., with a sealed recommendation from the regional office in New York, was handled by acting regional director Karen Fernbach.
The National Basketball Players Association, which continued bargaining talks with league negotiators Monday in a last-ditch effort to prevent the cancellation of regular season games, hopes to compel the NLRB to issue a complaint against the league for failing to bargain in good faith. If the union is successful, the end result could be an injunction by a federal judge lifting the lockout.
Neither side knows what the regional office recommended, and the general counsel could take days, weeks or months to review the case and either follow or reject the regional office's recommendation. A person familiar with the NLRB's procedures told CBSSports.com Monday it is the agency's hope that the two sides settle their labor dispute among themselves.
The conflict of interest for Elbert Tellem stemmed from his family relation to Arn Tellem, the powerful agent from Wasserman Media Group who represents such NBA stars as Derrick Rose, Pau Gasol, LaMarcus Aldridge, Joe Johnson, Russell Westbrook and Tyreke Evans. Tellem has been among a handful of powerful agents who have consistently disagreed with the union's bargaining and legal strategies while pushing behind the scenes for the players to decertify union membership as a tactic to force the owners to bargain more seriously.