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.”
Dec 5, 2013, 7:22 PM EST
Their reinforcements are at very different stages in their careers.
Dec 5, 2013, 6:42 PM EST
He’ll make life a little easier for Curtis McElhinney while he fills in for Sergei Bobrovsky.
Dec 5, 2013, 6:11 PM EST
The Stars will play against the Toronto Maple Leafs.
Dec 5, 2013, 5:19 PM EST
Dec 5, 2013, 5:10 PM EST
“They’re 7-0-1 in their last eight games, and now they’re a point behind us.”
Dec 5, 2013, 4:38 PM EST
Was King Henrik’s deal a good one for the Rangers?
Dec 5, 2013, 4:36 PM EST
“Absolutely,” said Mike Gillis.
Dec 5, 2013, 4:05 PM EST
“All of the other guys, I think, have better to give.”
Dec 5, 2013, 3:08 PM EST
Still unclear what ails the 27-year-old defenseman.
Dec 5, 2013, 2:44 PM EST
“Here we are now and it’s a chance for us to grow as a team and work on some things that need fixing and turn in a good effort,” Blues d-man Kevin Shattenkirk said.
Dec 5, 2013, 2:35 PM EST
Which led to Montreal’s game-tying goal against New Jersey.
Dec 5, 2013, 2:03 PM EST
News and notes from the crease…
Dec 5, 2013, 1:42 PM EST
Dallas Eakins sends the pair of d-men to the press box.
Dec 5, 2013, 1:20 PM EST
Detroit’s absolutely ravaged by injuries right now.
Dec 5, 2013, 1:12 PM EST
Sports legal analyst Eric Macramalla answers that question and more.
Dec 5, 2013, 12:45 PM EST
Pittsburgh hosts San Jose tonight, not coincidentally.
Dec 5, 2013, 12:34 PM EST
Yet another question for Glen Sather to answer.
Dec 5, 2013, 12:11 PM EST
“We’ve got one of the better goaltenders in the world here.”
Dec 5, 2013, 11:51 AM EST
Dec 5, 2013, 11:50 AM EST
Left the morning skate early.
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