NHLPA exec board asks players to empower PA dissolution; NHL files w/Fed court+NLRB
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12-14-2012, 07:20 PM
Join Date: Mar 2002
Location: New York
Originally Posted by
Im guessing this is so that players cant file anti trust lawsuits as there contracts will no longer be in existence?
Last August 2,2011. Proskauer Rose. NBA and NHL primary law firm. Stern and Bettman came from there
The NBA filed two claims today against the National Basketball Players Association: an unfair labor practice charge before the National Labor Relations Board, and a lawsuit in federal district court in New York.
The unfair labor practice charge asserts that the Players Association has failed to bargain in good faith by virtue of its unlawful threats to commence a sham "decertification" and an antitrust lawsuit challenging the NBA's lockout.
The federal lawsuit seeks to establish, among other things, that the NBA's lockout does not violate federal antitrust laws and that if the Players Association's "decertification" were found to be lawful, all existing player contracts would become void and unenforceable.
"These claims were filed in an effort to eliminate the use of impermissible pressure tactics by the union which are impeding the parties' ability to negotiate a new collective bargaining agreement," said NBA Deputy Commissioner and Chief Operating Officer Adam Silver. "For the parties to reach agreement on a new CBA, the union must commit to the collective bargaining process fully and in good faith."
Same exact claims filed by the NHL today.
The players disclaimed interest and filed lawsuits.
The players' strategy in filing a disclaimer of interest involves giving up rights under labor law to gain rights under antitrust law. The objective is to acquire leverage against owners by threatening an antitrust suit.
A disclaimer of interest happens immediately, while it would take 45 to 60 days if the NHLPA elected to decertify.
"It will add another level of complexity if the NHLPA does go through with disclaimer and bring an antitrust suit," Feldman said. "In all likelihood, the players will not file in New York, which means we will not only be battling between antitrust law and labor law ... we will be battling over where the case should be heard."
The players will probably file in California.
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