2012-13 Lockout Discussion Part VII: The Last Waltz "Cut the sheet & drop the puck!"
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11-29-2012, 10:27 AM
Join Date: Jul 2004
Originally Posted by
When the NFL decertified in 1989 it was not settled in court until 1992 and there was not a new CBA until 1993. How did they continue to play without a CBA?
I don't know for sure but basically without a union teams would have to negotiate with individual players and there could not be any restrictions on the contracts signed, and you wouldn't need a CBA to sign players in that fashion.
I am by no means a lawyer, but I have a difficult time seeing what current piece of league operations the players will be able to establish as an antitrust violation. Perhaps they go after the draft? Restricted free agency? The cap? Either way none of these are near as restrictive as the NFL's right of first refusal rule.
The hard cap is a anti trust violation I imagine. It's basically legal collusion specifically designed to keep player salaries down. Any situation where the owners have basically agreed with each other to a system that creates some rules on how teams are allowed to offer contracts to players could be considered collusion and an anti trust violation if there isn't a union on the other end of things that keeps it "legal"
I'm not a lawyer either but some people have been itching for a pro sports league to follow this through to its end at some point because it would really bust the whole structure of sports contracts wide open. It would be...interesting.
edit: Basically if it was a real threat and it looked like the players had a case they could win, it would scare the NHL completely ****less and basically every other pro sports league in the US would be flipping out. The owners would lose basically every bit of bargaining power they have in that case. But it's not something quick or easy to do and would be expensive as all hell for the players, they wouldn't get to play in the NHL during that whole process, etc. It's basically an option that ****s everyone over pretty good but in theory could shift the balance of power to the players who could then craft a CBA that is more favorable to them and gives them more power going forward.
Last edited by Levitate: 11-29-2012 at
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