NHLPA starts another 'disclaimer' vote
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01-05-2013, 01:40 PM
**** Cycle 4 Eichel
Join Date: Mar 2011
Originally Posted by
If the mediation talks fall apart, Fehr needs to do the DOI ASAP. It could be the only chance to save the season. Either it forces a deal (not counting on it), or the Courts could force them to play... Precedents in Appeal Courts in First Circuit, 7th Circuit and 9th Circuit is that a Federal Court can enjoin a lockout (unlike 8th Circuit in 2011 NFL Brady Case).
The NHL has teams in California and Arizona (9th Circuit) and could ask a Federal Court there to enjoin the lockout. Local 2750, Lumber & Sawmill Workers Union v. Cole, 663 F.2d 983 (9th Circuit. 1981) is a solid precedent.
Are you kidding? The facts in Lumber & Sawmill are nothing like this. In that case, a CBA between the parties existed at the time, no negotiations were going on, and the company locked out its workers because of a safety concern without following any of the CBA-agreed upon procedure for managing a safety issue. That would be good precedent if it was 2010 and the owners locked out the players because they didn't like their ties.
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