Mirtle: NHLPA’s hard-liners hint at decertification after latest offer rejected
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11-22-2012, 08:57 AM
Join Date: Jan 2007
Some drawbacks for the Players using decertification:
"Specifically, by disbanding their union, athletes must forgo a number of union-provided benefits, including regulation of player agents and management of player pension and health insurance programs.
"Specifically, by disbanding their union, players lose any protections provided under labor law, including the ability to assert unfair
labor practice claims against management
. Such claims would include allegations that management has refused to bargain in good faith, perhaps by failing to provide relevant financial information to the union,140 or by
unilaterally implementing a policy implicating a mandatory subject of collective bargaining.141 While these protections may not always outweigh the potential leverage to be gained through disbanding the union during a
lockout,142 they do nevertheless provide some benefits to players in the event ownership adopts an unreasonable negotiation position during the course of the labor dispute, protection that is lost if the union dissolves.
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