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11-23-2012, 07:22 PM
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Originally Posted by Yukon Joe View Post
I dunno. I feel like being a Jets fan has kind of warped my sensibilities about this.

For many years being a Jets fan meant that I was following the business of hockey much more than I was the on-ice product. I was watching what was going on in Glendale most specifically, but also for developments in Atlanta, in Hamilton and Quebec.

So I find the whole CBA negotiations quite interesting.

As for decertification...

Talk about playing russian roulette. Now I'm not a labour lawyer, but I am a litigator, and I've both negotiated a lot of settlements, and fought a lot of court cases. When you go to court you lose control over what the ultimate outcome is going to be. When you negotiate you control the outcome.

Both sides have a lot to lose, and a lot to gain, with decertification and subsequent anti-trust litigation. The players might get a ruling that the 30 teams are independent businesses, and any restraint of trade - be it the draft, salary caps or anything else, are illegal.

But maybe they lose. NHL is found to be one business, competing with other sports leagues. With no union the league then gets carte blanche to set any rules it wants.

I'd have to search. I don't think NBA or NFL either got final decisions on these points, but the results were leading against the NFLPA.
Originally Posted by Jet View Post
I know you asked Yukon Joe about this but to the best of my knowledge, decertification will be an extremely long and laborious prospect considering all of the different jurisdictions, laws and the fact that the US Dept. of Labor is a gigantic bureaucratic machine.

It could take 3 years for them to decertify. That would mean ruin for players and league alike. At the end, all players would have contracts canceled and become UFA's.

In a nutshell, it's not going to happen, and both sides know it. It's just more childish gamesmanship as we get closer to the edge.
Thanks Jet. I'm trying to gather info like a lot of others out there. I have quite a lot experience in labour negotiations and have been on the bargaining committee a few times in collective bargaining, but in the real world decertifying without another union already in place just puts you at the mercy of the owners. It's akin to using pixi dust or covering your ears and wishing you were in Kansas, in most real world labour struggles (with the sole exception of an inept or corrupt union which wouldn't apply here).

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