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.”
May 5, 2015, 10:01 PM EDT
Chicago in control of this series right now.
May 5, 2015, 9:19 PM EDT
“But it would certainly be in the right situation, with the right people.”
May 5, 2015, 8:04 PM EDT
‘Hawks and Wild, Ducks and Flames.
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For the league’s Most Outstanding Player, voted on by NHLPA members.
May 5, 2015, 6:32 PM EDT
Punishment handed down shortly after the Montreal forward apologized publicly.
May 5, 2015, 6:15 PM EDT
Diminutive forward sat out Sunday with the flu.
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May 5, 2015, 3:54 PM EDT
Scoring on the Capitals hasn’t been easy for the New York Rangers.
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He was emotional.
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“He’s popped, he’s a person that’s carried himself with outstanding leadership.”
May 5, 2015, 1:51 PM EDT
The AHL is going to look dramatically different next season.
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Swiss blueliner hasn’t played since Apr. 2.
May 5, 2015, 1:13 PM EDT
But will Ray Shero eventually look in that direction?
May 5, 2015, 1:00 PM EDT
Jordan Schroeder could draw in.
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Can they accomplish both?
May 5, 2015, 11:34 AM EDT
Red Wings brass hoping a little “adversity” is good for the 2013 first-round pick.
May 5, 2015, 11:14 AM EDT
They’re facing down the dreaded 10th game tonight.
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The Big Ten’s freshman of the year in 2013-14 heads back to school.
May 5, 2015, 10:21 AM EDT
His baffling postseason struggles continued in Game 3.
May 5, 2015, 10:16 AM EDT
Rangy defenseman has enjoyed a hectic 2014-15 campaign.
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