Nov 23, 2012, 5:28 PM EDT
With the CBA talks seemingly stalled once again and the threat of losing the 2012-13 season entirely looking very real, the players and the media have started to bring up the possibility of the NHLPA decertifying.
So…what does that mean exactly? Well, basically that the union would cease to be, but of course, the potential impact of that move is very difficult to gauge.
Explaining decertification beyond that isn’t a task suited for those without an extensive understanding of the laws involved. Fortunately Gabe Feldman, who is the director of Tulane Law School’s sports law program, recently spoke to CBC’s Elliotte Friedman and gave a thorough analysis of what this all might mean.
Here are the Cliff Notes (the full article can be found here):
- By dissolving the union, the players can file an anti-trust lawsuit and argue that the lockout is now an illegal group boycott.
- On the flip side, the players would no longer be protected by labor laws, so in that regard they will have exposed themselves “to the mercy of NHL owners.” For example, without the NHLPA, things like health benefits, the minimum salary, and even guaranteed contracts could be impacted.
- If the players decertify and then lose the subsequent legal battle, then they will have “lost all leverage.”
- The NHL will likely attempt to counter the union decertifying by claiming that it’s “just a sham and should not be recognized.”
- Finally, with regards to the chances of the players being successful if they decertify and take the NHL to court, Feldman said: “If somebody’s telling you they know, they are either delusional or lying to you.”
Apr 19, 2014, 8:52 PM EDT
More magic from Paul Stastny?
Apr 19, 2014, 8:36 PM EDT
Quite a busy 2:26 of ice time.
Apr 19, 2014, 7:57 PM EDT
“I have to be better.”
Apr 19, 2014, 7:22 PM EDT
The Blues coach mostly pleads the fifth.
Apr 19, 2014, 6:52 PM EDT
His play may wind up costing him a suspension.
Apr 19, 2014, 6:30 PM EDT
Pittsburgh carries a 1-0 series lead into Saturday.
Apr 19, 2014, 6:29 PM EDT
Things changed fast late in the third period.
Apr 19, 2014, 6:11 PM EDT
His penalty got things going in the wrong direction for Chicago.
Apr 19, 2014, 6:00 PM EDT
Apr 19, 2014, 5:34 PM EDT
Memo to players: wear a cup.
Apr 19, 2014, 5:08 PM EDT
His goal is the difference in the game through two.
Apr 19, 2014, 4:15 PM EDT
He’s been out since March 29 with a knee injury.
Apr 19, 2014, 3:09 PM EDT
He’s missed three games with an upper-body injury.
Apr 19, 2014, 3:00 PM EDT
The Blackhawks look to head home with a split.
Apr 19, 2014, 2:24 PM EDT
He’s aiming to return for Game 3 on Tuesday.
Apr 19, 2014, 2:01 PM EDT
He avoided a suspension for the act.
Apr 19, 2014, 1:29 PM EDT
He’s been out since April 3.
Apr 19, 2014, 12:42 PM EDT
A fine may be in his future.
Apr 19, 2014, 12:23 PM EDT
He missed Game 2 with an injury.
Apr 19, 2014, 11:17 AM EDT
Pulling the goalie with three minutes went over very well.
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