NHLPA starts another 'disclaimer' vote
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01-05-2013, 02:07 PM
Join Date: Aug 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.
Or the league could dissolve itself into a trade association as well and each team could make an independent decision to shut things down this year or try to play against any other teams that wanted to keep playing. And the players would have to play with no pension, no insurance, no draft, etc. They would have no union protections at all.
The idea that the minute the DOI is filed the PA wins and/or gets all the leverage is ridiculous. Aside from the litigation already filed by the league, there are many options at its disposal to deal with the DOI.
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