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.”
Oct 23, 2014, 3:36 PM EDT
And it’s a pretty impressive projected top six.
Oct 23, 2014, 3:23 PM EDT
Washington’s looked pretty darn good under Barry Trotz.
Oct 23, 2014, 3:02 PM EDT
“I thought our team was really resilient,” said Dan Hamhuis.
Oct 23, 2014, 2:35 PM EDT
News and notes from around the crease…
Oct 23, 2014, 2:19 PM EDT
“He never back-talked.”
Oct 23, 2014, 1:39 PM EDT
So says his coach. (And rightly so.)
Oct 23, 2014, 1:39 PM EDT
They’re first and second in the Central Division, and neither has lost in regulation yet.
Oct 23, 2014, 12:35 PM EDT
Postponed in the wake of the Ottawa shootings.
Oct 23, 2014, 12:31 PM EDT
It’s a special teams extravaganza!
Oct 23, 2014, 12:17 PM EDT
Says he was never asked to increase ice time of youngsters returning from injury.
Oct 23, 2014, 12:04 PM EDT
“He’s playing great.”
Oct 23, 2014, 11:50 AM EDT
A court date has been set for Dec. 1.
Oct 23, 2014, 11:38 AM EDT
Probably a figurative slap.
Oct 23, 2014, 10:09 AM EDT
The Islanders defenseman spent six seasons with the Bruins
Oct 23, 2014, 9:32 AM EDT
He’s in the American Hockey League to start 2014-15.
Oct 23, 2014, 8:00 AM EDT
Looks better than one might expect.
Oct 23, 2014, 2:13 AM EDT
Meanwhile, Buffalo scored!
Oct 23, 2014, 1:19 AM EDT
Pretty good chance for three straight.
Oct 23, 2014, 12:23 AM EDT
He was injured on Oct. 16.
Oct 22, 2014, 11:49 PM EDT
No. 8 was having a bit of a difficult night.
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