2012 CBA & Re-alignment: Lockout in Effect. Thanks Gary/Donald! PART II
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11-21-2012, 02:44 PM
Join Date: Feb 2005
Location: Saginaw, MI
Originally Posted by
Antitrust law? How so / what's the argument they'd be making in that case? Antitrust law is what the government would use to prevent companies like Comcast and Verizon (!) from price fixing, etc. Not sure how anti-trust law would apply to the NHL unless the argument would be they're preventing other people from starting a league or something like that.
What exactly is being "decertified" when they do this?
Why would the NBA players decertify?
The NBA players may believe that the NBPA has not done a good job representing their interests in the CBA negotiations, or they may believe they are better off negotiating as individual employees without the benefit of a union, but the players would primarily be using decertification as a means to end. The end is the ability to bring an antitrust lawsuit against the NBA challenging the lockout as an antitrust violation. The players would argue that the lockout constitutes an illegal "group boycott" by the owners. The players would likely also challenge any of the rules that the league might put in place that restrict a player's ability to make money or otherwise impact the players working conditions. For example, the players could challenge the NBA's salary cap, the player draft, and other player and free agency restrictions.
This was the route that the NBAPA players attempted during their lockout last year.
When the players decertified the Union, they went down to a trade association, allowing the players to be individually represented by lawyers. I would imagine the NHLPA would follow the same steps that the NBAPA pursued.
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