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.”
Sep 18, 2014, 11:00 PM EDT
Jamie McGinn and John Mitchell also rank among the already-wounded.
Sep 18, 2014, 10:08 PM EDT
Peter Chiarelli also (kinda sorta) addressed Johnny Boychuk rumors.
Sep 18, 2014, 10:07 PM EDT
He won’t be paid or count against the cap while he’s injured.
Sep 18, 2014, 9:37 PM EDT
Everyone wins … except Minnesota’s other goalies.
Sep 18, 2014, 8:45 PM EDT
Maybe the English version of his book will be kinder?
Sep 18, 2014, 7:50 PM EDT
Sep 18, 2014, 6:30 PM EDT
He fits right in with the Flyers.
Sep 18, 2014, 5:30 PM EDT
Could be a slow road to recovery.
Sep 18, 2014, 4:30 PM EDT
At least the Blue Jackets’ GM is ruling out surgery.
Sep 18, 2014, 3:51 PM EDT
He’ll miss at least months, GM Ron Hextall said.
Sep 18, 2014, 3:16 PM EDT
Hey, he’s got less than eight years to go.
Sep 18, 2014, 2:25 PM EDT
“I don’t think I had a conversation with Torts until Christmas last year.”
Sep 18, 2014, 2:24 PM EDT
“The next time I’ll talk publicly about Jaden is when we sign him.”
Sep 18, 2014, 1:42 PM EDT
Never boring in Toronto.
Sep 18, 2014, 12:36 PM EDT
And it’s probably going to be Ryan McDonagh.
Sep 18, 2014, 12:12 PM EDT
Two key youngsters on a Stars team with high hopes.
Sep 18, 2014, 12:06 PM EDT
Former first-round pick missed extensive time to a torn ACL.
Sep 18, 2014, 11:42 AM EDT
Taken 16th overall in 2007.
Sep 18, 2014, 11:27 AM EDT
Remember him? Taken 3rd overall in 2004… behind Alex Ovechkin and Evgeni Malkin.
Sep 18, 2014, 11:10 AM EDT
Tough blow for a kid looking to make the leap this season.
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