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11-18-2012, 04:35 PM
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Thatís where decertification (or disclaiming interest) comes in. Decertification is the pin that bursts the CBA protective bubble. By dissolving a Union, the CBA is no longer able to protect a league against antitrust lawsuits.
Things, though, changed in 2011 when the NFL Union was dissolved and the players filed an antitrust lawsuit against the league to block the lockout. The Court of Appeal ruled that despite the Union dissolving itself, the CBA still protected the NFL from the antitrust lawsuit. That was a game changer for leagues.
As a result, antitrust litigation and decertification has become a far less effective tool for players in CBA negotiations. That means itís highly unlikely that NHL players will decertify the Union. So donít expect to see it.
Indeed, the message that has been sent by the Court of Appeal is that deals are hammered out at the bargaining table and not in the courtroom.
Seems to all hinge on the Norris-LaGuardia act, and if a different court would rule in the same manner, given the dissenting opinion's points. Furthermore, who do you call if an union indeed disbands completely?

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