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09-26-2003, 01:58 PM
David A. Rainer
Join Date: Jun 2002
Location: Huntington Beach
Originally Posted by
I see the end-around the anti-trust laws, but I also see an end around the bargaining process. A salary cap was discussed as part of the bargaining process and it was excluded from the CBA.
1) Bettman sits down with Goodenow and can't get a Cap. He goes, "We give" and extends the existing agreement 10 years.
2) The teams merge into the NHL Corporation.
3) The NHL Corporation unilaterally imposes a salary cap. The remainder of the CBA remains in force.
That isn't an end-around the bargaining process? I don't think Canadian labour law would permit it. Didn't you say labour law was your favourite subject?
Ya, it appears to be an end-around the bargaining process. But let's look at it this way:
1.) bargaining results in an extension of the current CBA
2.) tries to unilaterally impose a salary cap. anti-trust lawsuit soon follows and the salary cap is gone.
3.) merges into one NHL corp.
4.) imposes a salary cap. no anti-trust lawsuit available and the salary cap is upheld. NHLPA goes on strike and we're back to a bargaining process.
I guess it's just how you look at it. Let's see if I can combine it.... The end-around the anti-trust laws results in an end-around the bargaining process. Or, the end-around the bargaining process is made available because of the end-around the anti-trust laws. Chicken or egg?
US labor law is kind of a balancing between many competing considerations. The National Labor Relations Act (NLRA) tries to limit court involvement in the bargaining process as much as possible while the Sherman Act (the anti-trust laws) tries to regulate as much as possible. I'd have to believe that the Sherman Act would govern whether a merger is possible and the NLRA would govern once the merger issue is resolved.
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