HFBoards

Go Back   HFBoards > NHL Western Conference > Pacific Division > Edmonton Oilers
Notices

Cba

Closed Thread
 
Thread Tools
Old
06-30-2004, 12:16 AM
  #1
oh_canuck
Registered User
 
Join Date: Jul 2003
Country: Canada
Posts: 868
vCash: 500
Cba

Hey not sure if anyone has given this idea any thought...I could see the NHL being locked out for 1 year, but what about bringing in guys to play (scabs) like the nfl did and trying to brake the players union. Does anyone know the legalities of this?

oh_canuck is offline  
Old
06-30-2004, 07:54 PM
  #2
hillbillypriest
Registered User
 
hillbillypriest's Avatar
 
Join Date: Mar 2002
Location: there there
Country: Canada
Posts: 2,127
vCash: 500
Quote:
Originally Posted by oh_canuck
Hey not sure if anyone has given this idea any thought...I could see the NHL being locked out for 1 year, but what about bringing in guys to play (scabs) like the nfl did and trying to brake the players union. Does anyone know the legalities of this?
In concept, I'd be all for this actually. To me there's a lot of talent outside of the NHL that is not a big step down in quality from the fringe of the current NHL rosters. I can see the fringe of the NHLPA being concerned that their teams would be more positive to a comparable strike breaker than a militant, so I would think the tactic might help to put pressure within the NHLPA membership to ratify a reasonable deal.

The thing I would be concerned about, however, is that NHL may not want to invite strike breakers because it it might be deemed to be an end to the collective bargaining arrangement between the NHL and NHLPA. I'm really out of my depth legally here, but it occurs to me that the NHL will want to be in the legal situation where the collective bargaining arrangement is understood to still be in existence but with the parties at a temporary impasse in negotiations. A pivotal decision in the US was the case of Brown vs. Pro Football. That decision held (paraphrasing from memory here) that impasse in collective bargaining negotiations does NOT, of itself, end the collective bargaining relationship between the parties. That's important for a pro sports league, because if a collective bargaining relationship does not exist, the sports league loses its presumed exemptions from the Sherman anti-trust laws (keeners of this subject area may want to look up something called the non-statutory labor exemption), and staying out from under the auspices of the Sherman act may be an important goal of the NHL.

In addition to the anti-trust thoughts above, it has been brought to my attention on the old business of hockey board (mods, please bring this back) that both British Columbia and Quebec have anti-scab laws. This would prevent replacement players from playing in Vancouver and Montreal games. (However, to me this shouldn't, of itself be seen as a constraint on the whole league. In my opinion, if the NHL wanted to employ strike breakers, they should give the provinces of Quebec and BC to enact legislation or regulations (whatever works in the case) such that their anti-scab laws don't impact elite pro sports league collective bargaining association members. If either of the legislatures is unwilling to do this, then I say "screw-em", if they want to have pinko leftist labour laws, more power to them, but this shouldn't prevent the NHL from running a replacement schedule that doesn't stop in MTL or VCR.

HBP

hillbillypriest is offline  
Old
06-30-2004, 08:00 PM
  #3
Jamie
Registered User
 
Jamie's Avatar
 
Join Date: Mar 2002
Location: Victoria, BC
Posts: 2,491
vCash: 500
Quote:
Originally Posted by oh_canuck
Hey not sure if anyone has given this idea any thought...I could see the NHL being locked out for 1 year, but what about bringing in guys to play (scabs) like the nfl did and trying to brake the players union. Does anyone know the legalities of this?
Isn't this what the AHL is? Rather than spending time trying to figure out how to work this out, I'd hope the owners concentrate on the negotiations.

Jamie is offline  
Closed Thread

Forum Jump


Bookmarks

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 06:57 PM.

monitoring_string = "e4251c93e2ba248d29da988d93bf5144"
Contact Us - HFBoards - Archive - Privacy Statement - Terms of Use - Advertise - Top - AdChoices

vBulletin Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
HFBoards.com is a property of CraveOnline Media, LLC, an Evolve Media, LLC company. 2014 All Rights Reserved.