NHL Lockout XXIV: Oi! Get your filthy hands off my desert!
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12-08-2012, 06:48 AM
Join Date: Aug 2006
Originally Posted by
First off the PA is much more likely to try a disclaimer of interest as opposed to decertification. They only need the support of a third of the union to disclaim interest and then they can reform the Union right away. Decertification requires a majority vote, takes 90 days and the Union can not reform for a period of one year.
Second either way it will take about 3 years in court for the players to win. It could be much shorter for the owners to win because I am sure they will take the same approach the NBA did and try to have all the contracts voided. They will argue that the contracts do not work without a CBA. If the owners win this it is basically over for the players.
Yes, I'm aware that the disclaimer will be tried first. Decertification will only seriously be considered if/when the season is cancelled. Even if the union cannot re-form in one year. The idea being that the NHL will settle long before the year limit is reached.
Fehr won't decertify unless he thinks he has a shot at winning. Players won't do it unless they are willing to risk it all. That's the only time it happens, and that's why it's being held back... for now. If by chance the owners "win", you will get contracts voided, but then you're still faced with a free market for players afterwards - and that's exactly what Fehr wants in the end: No limitations, No cap. So while the players take the massive hit _if_ they lose, they stand to gain much, much more moving forward.
Then they'll have every owner in the league falling over themselves to make deals for talent. A free market.
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