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11-21-2012, 02:48 PM
  #816
Tafkak
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Quote:
Originally Posted by Chancellor Vitale View Post
OK I follow now.

So the NHLPA itself would be decertified (i.e. if passed via NLRB elections, there would be no more hockey union). And the purpose would be to suggest in an antitrust suit the owners are colluding to drive unfair terms by suspending the league... and the remedy of that suit might be that the judge would force the league to re-open.

But under what terms? Would the court define the terms of a new CBA?
That's where we get into grey area. Some have said a judge could force the Union to re-certify and begin negotiations until an agreement is reached or more damaging, he/she could rule fully in favor of one side or the other and put their respective CBA proposal in to effect. It's never gone that far as to where a judge has had to rule.

The other alternative is that a Judge could force the league and players to play under the previous CBA while a new one is hammered out.

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