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Brooks - Union: We won't decertify [yet]

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11-20-2012, 04:05 PM
  #76
ottawah
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Originally Posted by colchar View Post
When they filed anti-trust suits during the baseball strike didn't it take less than a week until a judge issued an injunction against the owners?
I think that is a different case. From what I read (cannot find verification though) it dealt with the fact the previous season played under the old CBA (as a new one had not been negotiated and hence they had to continue with that) saw the league arbitrarily change the rules. Can anyone verify?

Football is probably a better analogy. They decertified and then immediately had players launch lawsuits to break the lockout. The judge swiftly denied the claims because he considered it a sham decertification meant only as a negotiation tactic.

Just deducing from football, if they decertify, they at least have to give the league some amount of time to determine how to move forward so as to not run afoul of anti trust laws. Common sense says you cannot just decertify then sue unless they have done something you can sue over. You certainly cold not expect them to revert back to the old CBA as that would definitely be in violation of anti trust rules.

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11-20-2012, 05:09 PM
  #77
Fugu
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^^^ Yes, something along the lines of the league unilaterally making changes and imposing that on the players. The action was overruled and the league had to drop it, leading to negotiations and a settlement. Kdb can always come along and clear it up, he has this stuff indexed somewhere.

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Old
11-20-2012, 06:36 PM
  #78
kdb209
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^^^ Yes, something along the lines of the league unilaterally making changes and imposing that on the players. The action was overruled and the league had to drop it, leading to negotiations and a settlement. Kdb can always come along and clear it up, he has this stuff indexed somewhere.
There was no antitrust litigation in 1994/1995.

What Judge Sotomayor ruled on was granting a preliminary injunction upholding an NLRB finding of an Unfair Labor Practice on the part of the MLB owners.

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Originally Posted by ottawah View Post
I seem to remember the claim was that the owners had unilaterally imposed rules/conditions in the 93 season (in which there was no cba) and they had no right to do that while negotiations were ongoing. Fehr himself claimed that was the reason for the strike (as opposed to pressuring owners).

I do not think the NHL is in the same boat in this case as they chose the safest way out, a lockout.
The MLB owners lost in 1995 due to stupidity and arrogance.

In 1995 they tried to unilaterally impose a set of new work rules - abolishing salary arbitration, centralizing all player negotiations with the commissionerís office, and ending an agreement not to collude on salaries - without even trying to declare an Impasse.

They simply said they were imposing those terms, lifting the lockout, and opening for business with replacement players.

The NLRB ruled this an unfair labor practice and NY District Court Judge Sotomayor issued an injunction prohibiting implementation of the new terms.

Had MLB tried to declare an impasse (and has it upheld by the NLRB), they would have been able to impose their previous last offer (a CBA with a cap but without the draconian restrictions of their final imposed terms) - there would have been no ULP charge or injunction.

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