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.”
Mar 11, 2014, 2:26 AM EDT
It was mostly a night of disappointments
Mar 11, 2014, 1:15 AM EDT
“We need to be men.”
Mar 11, 2014, 12:39 AM EDT
It just keeps getting worse.
Mar 11, 2014, 12:29 AM EDT
It’s an MCL injury, according to Patrick Roy.
Mar 10, 2014, 11:29 PM EDT
It’s also his first point since Jan. 10.
Mar 10, 2014, 10:14 PM EDT
At least they have Ales Hemsky.
Mar 10, 2014, 9:57 PM EDT
The Stars say he’ll undergo extensive testing.
Mar 10, 2014, 9:44 PM EDT
Washington carried much of the play.
Mar 10, 2014, 9:29 PM EDT
Both teams have games on Tuesday.
Mar 10, 2014, 9:08 PM EDT
Lindy Ruff says he’s OK.
Mar 10, 2014, 8:09 PM EDT
Mar 10, 2014, 7:55 PM EDT
He was last seen at practice in Saginaw, Mich.
Mar 10, 2014, 6:38 PM EDT
Nathan MacKinnon slides into his center spot vs. Winnipeg.
Mar 10, 2014, 5:26 PM EDT
Canucks GM pens letter to ticket holders.
Mar 10, 2014, 5:14 PM EDT
Click for a video explanation.
Mar 10, 2014, 4:33 PM EDT
All the latest from the blue paint…
Mar 10, 2014, 4:14 PM EDT
Dallas seems to be a good fit for the 22-year-old former Bruin.
Mar 10, 2014, 4:00 PM EDT
“We have to keep scoring goals. We have to keep playing this way,” said Adam Henrique.
Mar 10, 2014, 2:56 PM EDT
He meant he doesn’t want to be traded.
Mar 10, 2014, 2:37 PM EDT
Fire up the comments section!
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