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.”
Jul 29, 2015, 2:28 PM EDT
Staying healthy would help, too.
Jul 29, 2015, 1:22 PM EDT
The Seal Beach Detention Center isn’t exactly Shawshank.
Jul 29, 2015, 1:03 PM EDT
“I relaxed down there and came back with the same attitude and everything kind of took care of itself.”
Jul 29, 2015, 12:34 PM EDT
Veteran forward had just four goals and six assists in 74 games last season.
Jul 29, 2015, 11:58 AM EDT
“So hopefully it’s nothing that keeps coming back.”
Jul 29, 2015, 11:09 AM EDT
Can he give the Oilers the goaltending they so badly need?
Jul 29, 2015, 10:21 AM EDT
The 26-year-old goalie is coming off a tough season.
Jul 29, 2015, 9:00 AM EDT
Spent last season with Lugano in the Swiss League.
Jul 29, 2015, 8:00 AM EDT
Y’know, everyday stuff.
Jul 28, 2015, 10:30 PM EDT
Jul 28, 2015, 9:38 PM EDT
Potentially a move to Switzerland, or the Czech League.
Jul 28, 2015, 8:39 PM EDT
Returning him to Rochester for a third time.
Jul 28, 2015, 7:39 PM EDT
Washington d-man is expected to miss the next two weeks of offseason training.
Jul 28, 2015, 6:26 PM EDT
Swiss winger came over from Calgary at last year’s deadline.
Jul 28, 2015, 4:39 PM EDT
Nice payday after posting a career-high in goals this season.
Jul 28, 2015, 4:23 PM EDT
“When you look at the structure of our salaries and our cap, it’s important to get those bottom-six cap hits in better shape.”
Jul 28, 2015, 3:21 PM EDT
With the Nurnberg Ice Tigers.
Jul 28, 2015, 2:30 PM EDT
Winning bid to be decided by the end of the year.
Jul 28, 2015, 1:45 PM EDT
“When the games mean something, that’s when he’s at his best.”
Jul 28, 2015, 1:21 PM EDT
The Blue Jackets have done well. The Canucks have not.
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