The Lockout Thread Part I
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11-22-2012, 12:24 PM
Join Date: Aug 2009
Originally Posted by
I hate the owners. They are not looking for a deal. This is union busting pure and simple. It is ever possible for the super-rich to conduct themselves in a non-abusive manner towards the rest of the world?
I agree with you. This is a concerted effort to crush the union. And for that, I believe decertification and taking this to the courts has become necessary.
Here is a story I just seen on twitter after I originally posted...
Another option for Fehr -- a worst-case scenario for any hockey fan -- would be decertifying the NHLPA. But that’s a complex procedure that guarantees the players nothing, and guarantees not only no hockey for this season, but likely next as well.
Decertification isn't a word thrown around the stick rack very often. It is, however, a word that is gaining some steam among the players. Can decertifying the union be the big trump card Fehr has had tucked away for a rainy day? This is the nuclear option that Goodenow didn't choose in 2004.
The purpose of decertifying would be to eliminate Bettman's negotiating partner. Without a functioning PA, it’s the players’ hope that an owners’ lockout would be deemed illegal and instantly lifted. Dissolving the unions also dissolves the salary cap, linkage, escrow, salary arbitration, rookie cap, you name it. The owners could argue decertifying jeopardizes existing contracts. But some owners, such as the Pittsburgh Penguins’ Mario Lemieux or Los Angeles Kings’ Philip Anschutz, might not like the idea of losing Sidney Crosby to the Rangers or Jonathan Quick to the Leafs when hockey finally returns, and the players would obviously argue they have valid contracts that should be honoured.
You can forget the NHL draft as well. Projected top picks Nathan McKinnon and Seth Jones would simply go to the highest bidder. With the exception of unrestricted free agency, everything else would be deemed illegal in the eyes of the courts. When sports deals are negotiated in good faith, it’s called a CBA. When they aren't, it’s called price fixing. Price fixing leads to accusations of antitrust, and antitrust is a word that doesn't make any billionaire sports-club owner feel warm and fuzzy.
The mere threat of accusing baseball owners of anticompetitive behaviour or unfair business practice paved the way for Fehr's legendary reputation in baseball, and is the sole reason why baseball remains without a salary cap today. Fehr would look for the courts to expedite the process, and in the blink of the eye we could be looking at a level of animosity we've never seen before. The 2004-05 labour fight we watched will pale in comparison to the Armageddon we'll see if this is the path Fehr chooses next.
Last edited by IBleedUnionBlue: 11-22-2012 at
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