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09-14-2004, 04:13 PM
Join Date: Jun 2002
Originally Posted by
and this may be simple for some, but I'm a bit fuzzy on the matter.
Since it is the owners that are locking out the players, do the players still receive their salary and if not, Why not? and if they don't pay the salaries, can the players, not that they would, file suit for breech of contract thus making everyone in the NHL UFA's. UFA's because as of the 15th there would be no CBA and no guidelines to determine who can sign where.
Why couldn't the 15 some odd members of each team under contract file a class action suite against each employer to force them to pay their salaries as the players are not the ones causing this workstoppage?
Since I am not a lawyer or know the CBA inside out, I can only take a stab.
The players do not receive their salaries UNLESS they are undergoing physical rehabilitation from a hockey injury (I read that Belfour would still get paid since he is in rehab for his back surgery.)
Otherwise they do not get paid. The reasoning is that the contract called the CBA supercedes contracts of individual players. They get paid based on the parameters of that agreement. All contracts are null and void until a new CBA is agreed to, or the league dissolves, OR Bettman exercises his rights under US Labour laws and declares a negotiating impasse and begins the league with new rules that are decided on unilaterally by the NHL.
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