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09-16-2004, 03:43 PM
David A. Rainer
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Originally Posted by Tom_Benjamin
When the impasse is reached the NHLPA decertifies. At that point I don't think labour law applies at all.

Remember, the CBA has expired, but it has not terminated (which doesn't mean much except for some tight legal maneuverings ). Labor law will continue to govern this process.

When an impasse is declared, the players go on strike, the owners implement their "last / best" and hire new employees under the "last / best". These new employees are the newly certified union for the NHL players under this new "last / best" CBA. It is tantamount to a transfer in power, from one CBA to another. And since it is one CBA to another, labor law will continue to govern this process and is in fact stipulated in the NLRA. It gets even more interesting when the players want to go back to the bargainning table while replacement players are employed (issues about who which union will take over, which players are eligible to continue to play, etc)

This whole process is kind of convoluted and does not seem consistent at times, but that is because the law makers were trying to balance a lot of competing considerations on both sides and trying to balance leverage granted on one side with leverage granted to the other side. But trust me, there is a process in there somewhere.

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