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Can the league declare impasse and have the draft rather than replacement players?

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02-12-2005, 01:16 PM
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chriss_co
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Can the league declare impasse and have the draft rather than replacement players?

This would definitely speed up the process of impasse with the NLRB right??

I'm wondering if you legal experts could touch upon this?

Is it possible for the league to declare impasse, host the draft and declare a season to start next year? Wouldn't this essentially speed up the process and help avoid the replacement player problems in Quebec and BC??

I mean, the PA wouldn't definitely not back the draft and would declare those players not part of the PA.. would they not then file a complaint to the NLRB and thus the impasse process will start 3-4 months earlier than if the league held replacement player camps in september?

Just a thought.

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02-12-2005, 03:56 PM
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Quote:
Originally Posted by chriss_co
This would definitely speed up the process of impasse with the NLRB right??

I'm wondering if you legal experts could touch upon this?

Is it possible for the league to declare impasse, host the draft and declare a season to start next year? Wouldn't this essentially speed up the process and help avoid the replacement player problems in Quebec and BC??

I mean, the PA wouldn't definitely not back the draft and would declare those players not part of the PA.. would they not then file a complaint to the NLRB and thus the impasse process will start 3-4 months earlier than if the league held replacement player camps in september?

Just a thought.
The whole concept of an IMPASSE if its not going to legal arbitration for settlement would be about using replacement players to put pressure on a union ..

While you suggestion would speed things up it would also not be possible at the same time and the entry can not be held until a binding CBA is in place .. and impasse is just a temporary solution in most cases and while the NHL is in the situation the NHLPA would be filing it unfair labour parctice claims and the process could tie up everything ..

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02-12-2005, 04:57 PM
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Legislators should look at this entire situation when the smoke clears after this lockout. What I mean to say is, if an agreement with a union has actually expired, why would a company be beholden to their FORMER supplier of labor at all? They should reasonably be able to negotiate terms with anyone, a labor group or a collection of independent contractors. If that collection of independents want to organize they should be free to do so. But to say that because a business at one time did business with an entity they are now locked together somehow even after their deal is through is preposterous. The pendulum has swung way too far in labor's direction and needs to be brought back.
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02-12-2005, 05:16 PM
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Originally Posted by HckyFght
Legislators should look at this entire situation when the smoke clears after this lockout. What I mean to say is, if an agreement with a union has actually expired, why would a company be beholden to their FORMER supplier of labor at all? They should reasonably be able to negotiate terms with anyone, a labor group or a collection of independent contractors. If that collection of independents want to organize they should be free to do so. But to say that because a business at one time did business with an entity they are now locked together somehow even after their deal is through is preposterous. The pendulum has swung way too far in labor's direction and needs to be brought back.
-HckyFght!
Because by declaring an impasse, you asking the regulatory boards to determine that the other side hasn't been negotiating fairly. You then have to convince the regulatory body that this is the case, at which point they make whatever rulings they feel are appropriate.

As to the draft aspect...it is in effect limiting the player's options, and that is why you need a CBA. The CBA basically acknowledges that a draft is okay, otherwise players could say it was imposed on then by the league and sue to deal with whichever team they wanted to...

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02-12-2005, 06:16 PM
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Mighty Duck
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Quote:
Originally Posted by HckyFght
Legislators should look at this entire situation when the smoke clears after this lockout. What I mean to say is, if an agreement with a union has actually expired, why would a company be beholden to their FORMER supplier of labor at all? They should reasonably be able to negotiate terms with anyone, a labor group or a collection of independent contractors. If that collection of independents want to organize they should be free to do so. But to say that because a business at one time did business with an entity they are now locked together somehow even after their deal is through is preposterous. The pendulum has swung way too far in labor's direction and needs to be brought back.
-HckyFght!
THINK ABOUT WHAT YOU ARE SAYING!!! The CBA puts things in place for both side, which in fact would be illegal in most walks of life, in both countries. No CBA, no draft and when a players contract expires, he would be allowed to apply for work with any of the 30 teams. Bottom line, he would be a free agent, and any player once he turns 18 would legally be allowed to apply for work anywhere. Without the CBA, players would be allowed to go to court and contest their free agency, as in the USA (anti-trust laws) and in Canada (Competition Act) makes it illegal for teams to restrict employees (players) from seeking employment freely. So, whether you like it or not, the NHL needs the NHLPA, and that is why Bettman has insisted that it must be a partnership. Read the fine print before you wish on something! Both side are wrong here!

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