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10-24-2012, 04:07 PM
Embrace The Suck
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Join Date: Mar 2011
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Originally Posted by joshjull View Post
2. The old CBA is expired. There is no option it to extend it another year. I have no idea why you think there is.
3.1 Term.
(a) This Agreement is effective retroactive to September 16, 2004 (the
“Effective Date”),and shall remain in full force and effect until midnight New York time
on September 15, 2011, and shall remain in effect from year to year thereafter unless and until either party shall deliver to the other a written notice of termination of this Agreement at least 120 days prior to September 15, 2011 or not less than a like period in any year thereafter.

(b) Notwithstanding anything to the contrary set forth in subparagraph 3.1(a),
the NHLPA shall have the right: (i) to terminate this Agreement as of September 15,
2009 by delivery of written notice of termination to the NHL at least 120 days prior to
September 15, 2009; or (ii) to extend this Agreement for one additional year to
September 15, 2012 by delivery of written notice to the NHL of such election to extend at least 120 days prior to September 15, 2011.
Paragraph B states that PA had an early termination option, as well as the single extension option. They obviously took the extension.

However, paragraph A shows that unless either side explicitly opted out, the existing CBA would have automatically re-upped for 1 year terms. The owners chose to take this route, and here we are today.

This is part of my core belief that the players wouldn't strike. The opt out cutoff is May, already into the playoffs. I don't believe, no matter how bad it got, that the players would walk in the middle of a playoff series.

Frankly, in my view, an owner lockout should be a last resort negotiating tool, not a primary tactic. If the owners felt their only leverage to get a fair deal was to lock out, they're morons. They both should have TRIED to negotiate well before the point where a lockout was on the table.

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