The Lockout Thread Part I
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11-22-2012, 09:53 PM
Join Date: Dec 2008
Originally Posted by
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...
There's also the chance that decertification is branded as a sham tactic by the courts, in which case the owners would declare an impasse. When that happens, the last offered CBA (by the league) becomes binding, and players refusing to play under that would be declared to be on strike. With the exception of a very small number who would get massive KHL offers, there are very few players who could get more money elsewhere.
In order to have an impasse declaration declared valid by the NLRB, the NHL would have to show that they were negotiating in good faith and that the NHLPA was not. I won't say that's a slam dunk, but consider:
- The NHLPA reportedly didn't ask for any information on realignment, but simply rejected the realignment proposal
- The NHL made overtures to the NHLPA during last season, and was told repeatedly that the PA would not negotiate or talk at all during the season
- The NHL made the first offer
- The NHL's last offer was very similar to the just-expired CBA
- The NHLPA's counteroffers apparently involved no numbers being run, and were loose notes on paper
- The NHLPA just made only the second actual proposal, while the NHL has made four
If the NHLPA were to attempt decertification and have it rejected, it wouldn't take much for the NLRB to side with the NHL.
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