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09-16-2004, 08:26 PM
  #32
David A. Rainer
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Quote:
Originally Posted by I in the Eye
bull****... The NHL is not a market or an industry... The NHL is a franchisee that operates in the professional hockey industry... The franchises operate under the franchisee... Nothing 'legal' says that the individual franchises should be competing for labour (other than the current CBA)... All the franchises belong and operate under the same company!!!

It's legal in a business, you know, for the owners of that business to dictate what the employee salaries will be... The NHL can have the harshest of salary caps - and the lowest of wages - as long as they meet the minimum requirements and employee benefits of the law... Minimum wage... If the employee doesn't like the salary, they can move on to another company... In this case, if the player doesn't like what the 'NHL defined' salary is, the player is free to play in the AHL, Europe, etc...
You are correct in that the NHL is set-up as a franchise. However, it is illegal for the franchisor (and it is francisor, not franchisee) to dictate the salary paid to the employees of the various franchisees. They might be operating under a single NHL company, but they are most certainly NOT all the same company.The NHL (being the franchisor) cannot dictate to the member teams (being franchisees) the salary they will pay their players. It is a violation of anti-trust law whether you are the NHL or McDonalds.

Your statement that "if a player doesn't like what the 'NHL defined' salary is, the player is free to play in the AHL, Europe, etc..." is very much illegal (unless purified thru the collective bargaining process) because each team (as a franchisee) is a separate legal entity, of which any combination (grouping together to mandate a single specific wage) to supress competition (in this case the labor market) is a violation of the Sherman Act.

Sure, it might be nice to do that, but not under the current laws you can't. To do what you are suggesting, each individual team would have to divest itself and form back together as a single corporation (let's call it "NHL Corp") where the owners each hold shares in NHL Corp. Then NHL Corp can dictate it's wages. But until that happens, no can do.

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Last edited by David A. Rainer: 09-17-2004 at 02:02 AM.
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