Nov 23, 2012, 5:28 PM EST
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.”
Nov 21, 2014, 2:30 AM EST
Former Canucks first rounder made his return to Vancouver Thursday.
Nov 21, 2014, 1:45 AM EST
Philadelphia falls 3-2 to Minnesota.
Nov 21, 2014, 1:10 AM EST
Could’ve tied the game 2-2.
Nov 21, 2014, 1:00 AM EST
Chicago edged Calgary 4-3.
Nov 21, 2014, 12:30 AM EST
Were out-scored 15-4 in two losses.
Nov 20, 2014, 11:32 PM EST
Caps win 3-2.
Nov 20, 2014, 10:46 PM EST
Suffered a jaw injury and will not return.
Nov 20, 2014, 10:29 PM EST
Team is calling it a lower body injury. He will not return.
Nov 20, 2014, 10:26 PM EST
He spent 10 seasons in Vancouver.
Nov 20, 2014, 10:10 PM EST
Has his fourth of the season.
Nov 20, 2014, 9:37 PM EST
Making his debut on Chicago’s blue line tonight.
Nov 20, 2014, 9:10 PM EST
The two lead Philly to a Stanley Cup final appearance in 1997.
Nov 20, 2014, 8:07 PM EST
Surpasses his 2013-14 goal total.
Nov 20, 2014, 7:58 PM EST
Has his 11th of the season.
Nov 20, 2014, 7:30 PM EST
Was playing in the AHL at the time of the trade.
Nov 20, 2014, 6:30 PM EST
Luke Schenn will take the pre-game skate.
Nov 20, 2014, 6:00 PM EST
Meanwhile, Adam Clendening will make his NHL debut tonight vs. Calgary.
Nov 20, 2014, 5:27 PM EST
The Canadiens are stockpiling blueliners, it seems.
Nov 20, 2014, 5:24 PM EST
Former teammates at Lake Superior State University, traded for each other.
Nov 20, 2014, 5:13 PM EST
“Mr. Voynov maintains his innocence and looks forward to clearing his name in court. We remain confident.”
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