Mirtle: NHLPA’s hard-liners hint at decertification after latest offer rejected
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11-22-2012, 09:18 AM
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Originally Posted by
I thought one threat against decertification was that the league could challenge the validity of all existing contracts? Is there any way that by decertifying a union the existing contracts signed with players of that union are no longer valid? That would sure work against the players make-whole demands.
Players will argue that the contracts are valid. Owners will probably argue that they aren't. The Courts will decide. Owners made this argument in the 2011 NBA Lockout:
"This latter claim was particularly novel, effectively asserting that all player contracts were inextricably intertwined with the CBA, insofar as the CBA specifies most of the provisions in the contracts. Therefore, because a decertification or disclaimer of interest would render the CBA null and void, the league argued it would also void any of the league’s existing player contracts.126 While the legal validity of the owners’ contractual argument was questionable, it may nevertheless have caused players some hesitation before voting to disband the NBPA."
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