Mirtle: NHLPA’s hard-liners hint at decertification after latest offer rejected
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11-22-2012, 09:24 AM
Join Date: Nov 2010
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 Is there any way that by decertifying a union the existing contracts signed with players of that union are no longer valid?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.
Decertification can only be filed when a contract is not in effect. If there is an existing contract, the general rule is that decertification cannot be filed before the 60-90 day period before the contract expires. Seeing as how the premise for decertification is based on a contract that isn't in effect or will soon not be in effect, I'm guessing it's very possible that if the union decertifies and the lockout is lifted, contracts signed when they were part of a union are no longer valid and ALL players in the league will have to renegotiate new salaries and will have to negotiate benefits as well.
From what I can gather, decertification gives the players more leverage than what they have now, but it also gives the owners more power than they currently have should the owners wish to exercise that power to the fullest.
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