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 27, 2015, 8:50 AM EDT
The group is nearing its goal of securing 10,000 season ticket deposits.
Mar 27, 2015, 8:00 AM EDT
Friday’s collection of links.
Mar 26, 2015, 11:30 PM EDT
Winnipeg grabbed a big win today, too.
Mar 26, 2015, 10:16 PM EDT
A tough win turned into a bitter OT loss.
Mar 26, 2015, 10:13 PM EDT
Will anyone else join them tonight?
Mar 26, 2015, 9:48 PM EDT
The real winners might be the Edmonton Oilers.
Mar 26, 2015, 9:12 PM EDT
Not a great night for Ottawa.
Mar 26, 2015, 8:58 PM EDT
Update your save of the year highlight packages.
Mar 26, 2015, 8:48 PM EDT
He seems OK after that tough, 2-on-1 check.
Mar 26, 2015, 8:41 PM EDT
Three goals allowed in 20 minutes by Detroit’s embattled starter.
Mar 26, 2015, 8:23 PM EDT
The Rangers forward felt encouraged by this latest step.
Mar 26, 2015, 7:03 PM EDT
He’s lining up with Brad Marchand and Patrice Bergeron to start.
Mar 26, 2015, 6:37 PM EDT
A Vladimir Tarasenko hit shook him up on Tuesday.
Mar 26, 2015, 5:40 PM EDT
Vermont power forward was the club’s third-round pick in 2011.
Mar 26, 2015, 4:56 PM EDT
Featuring Erik Karlsson, Marc Methot and a guest appearance from Curtis Lazar.
Mar 26, 2015, 4:37 PM EDT
The 43-year-old has been a big influence on his young linemates.
Mar 26, 2015, 4:09 PM EDT
Granted, they have to make them first.
Mar 26, 2015, 3:44 PM EDT
Bruce Boudreau continues to “experiment” on defense.
Mar 26, 2015, 3:20 PM EDT
“Hopefully we realize that, come together and allow this group to stay together.”
Mar 26, 2015, 2:44 PM EDT
An interesting comment from his agent.
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