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NHL CBA Talk

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Cap'n Clutch
PTFlea
rooneypoo
LeCaptain
tim1_2
Ev
spader
sandysensfan
Hoags
NEELY
wprager
shabbs
SeawaySensFan
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736NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 1:14 pm

shabbs


Hall of Famer
Hall of Famer

tim1_2 wrote:We've probably mentioned this before, but what is Shane Prince's role in these negotiations? Is he the representative for the drafted guys still in Junior or what? He's named, along with the other team reps, in the lawsuit on page 2.
Rob Becker mentioned this the other day, the NHL named players that would cover all scenarios (signed, UFA, RFA, ELC etc...), including drafted players who are not in the NHL but would become members of the union eventually, to ensure the judge would be forced to rule on them and have them be included in the final decision. The NBA made this mistake when they did the same thing and omitted a few types of players. Didn't matter in the end, but clearly the NHL has done their homework and are ready to take this on from all angles.



Last edited by shabbs on Tue Dec 18, 2012 1:20 pm; edited 1 time in total

737NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 1:19 pm

shabbs


Hall of Famer
Hall of Famer

Horcoff saying he'll be surprised if the vote is less than 99.8% in favour of giving the NHLPA Executive the green light to file a DOI.

http://espn.go.com/blog/nhl/post/_/id/20827/horcoff-cleary-see-disclaimer-coming

738NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 1:23 pm

tim1_2


Franchise Player
Franchise Player

shabbs wrote:How funny would this be... NHLPA files it's disclaimer of interest at the end of this week, NY judge decides to get a quick start and makes a decision on the NHL's class action suit immediately and declares all contracts null and void as well as the lockout being legal. This catches everyone off guard.


The Islanders hope this happens.

739NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 1:26 pm

shabbs

shabbs
Hall of Famer
Hall of Famer

tim1_2 wrote:
shabbs wrote:How funny would this be... NHLPA files it's disclaimer of interest at the end of this week, NY judge decides to get a quick start and makes a decision on the NHL's class action suit immediately and declares all contracts null and void as well as the lockout being legal. This catches everyone off guard.


The Islanders hope this happens.
Heh heh. No doubt.

740NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 2:23 pm

Hoags

Hoags
All-Star
All-Star

shabbs wrote:
Well, I think that's all part of the actual process that needs to happen. Just going through the motion...

Well if the players no longer want to be represented by the union then call a vote to decertify.

If Fehr and the NHLPA no longer want to represent the players then do a disclaimer of interest.

This is my understanding of how this should work, no idea why the players need to give their union permission to walk away from them.

741NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 2:49 pm

shabbs

shabbs
Hall of Famer
Hall of Famer

Hoags wrote:
shabbs wrote:
Well, I think that's all part of the actual process that needs to happen. Just going through the motion...

Well if the players no longer want to be represented by the union then call a vote to decertify.

If Fehr and the NHLPA no longer want to represent the players then do a disclaimer of interest.

This is my understanding of how this should work, no idea why the players need to give their union permission to walk away from them.
Before they can file a DOI, the players need to give the NHLPA Executive approval to do it by way of a vote. From what I understand, that's all in the rules.

742NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 4:07 pm

Hoags

Hoags
All-Star
All-Star

shabbs wrote:
Hoags wrote:
shabbs wrote:
Well, I think that's all part of the actual process that needs to happen. Just going through the motion...

Well if the players no longer want to be represented by the union then call a vote to decertify.

If Fehr and the NHLPA no longer want to represent the players then do a disclaimer of interest.

This is my understanding of how this should work, no idea why the players need to give their union permission to walk away from them.
Before they can file a DOI, the players need to give the NHLPA Executive approval to do it by way of a vote. From what I understand, that's all in the rules.

Great interview here but in response to your point:

http://www.theglobeandmail.com/sports/hockey/globe-on-hockey/does-the-nhl-have-a-winning-case-in-court/article6512470/

No. 3: There was an article on Sportsnet on Monday which stated pretty definitively the players had a losing case here. Does he have a point with regards to where the NHLPA stands?

Grow: “He’s incorrect about the NFLPA. It did pursue a disclaimer of interest, not a formal decertification as he said in the piece. The NFL appellate court decision in Brady also didn't reach the merits of whether the players' disclaimer of interest was valid in general. It merely held that they couldn't get an injunction because the case had ‘grown out of a labour dispute.’ So the players were still free to pursue their antitrust case.

“Other than that, though, what he’s arguing is a plausible outcome for the most part, but I don't think it's nearly as certain as he does. For instance, one could distinguish the NHLPA disclaimer from the NFLPA's insofar as the NFL players disbanded their union before the CBA had even expired. In contrast, the NHL players have appeared much more hesitant to do it, arguably indicating that their intention to dissolve the union is more sincere. I do agree with him that the players voting for disclaimer is an unusual scenario, and an argument in the NHL's favour.

It seems their vote is unusual.

743NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 4:31 pm

shabbs

shabbs
Hall of Famer
Hall of Famer

Interesting. Maybe they're doing this as part of their "evidence" that they are serious about pursuing this route so they can defend against the "sham" accusation by the NHL.

The two sides did talk today, as per John Shanon:

"Can confirm the NHLPA and NHL did talk briefly today. SFehr placed a call to BDaly. Short and Sweet. Short for sure. Sweet? Not so sure. "

https://twitter.com/JSportsnet/status/281148537650171905

744NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 6:04 pm

shabbs

shabbs
Hall of Famer
Hall of Famer

LeBrun: Not 100 percent, but it's likely NHL will cancel more games before end of the week

https://twitter.com/Real_ESPNLeBrun/status/281165000939274241

745NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 6:47 pm

wprager

wprager
Administrator
Administrator

Hoags wrote:
shabbs wrote:
Yeah, I can see that argument for sure. Just cuz you dissolve doesn't make it instantly illegal. The NFLPA ran into that issue. I'm sure the NHLPA will too.

The biggest joke to me is the players voting to give their union's executive board the power to walk away from the players and disband the union. It's one thing if the players vote to decertify the union.

It's like your boss asking your permission to fire you.

And that is *exactly* why the court will rule in the NHL's favor.


_________________
Hey, I don't have all the answers. In life, to be honest, I've failed as much as I have succeeded. But I love my wife. I love my life. And I wish you my kind of success.
- Dicky Fox

746NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 6:49 pm

wprager

wprager
Administrator
Administrator

SpezDispenser wrote:As of the right meow, the NHL can suck a Richard. It's all about MLB for me - and AHL - until this challenged is done.

Go Jays! And B-Sens!

King's grabbed the keyboard again, hasn't he? And he;s a filthy little kitty, isn't he?


_________________
Hey, I don't have all the answers. In life, to be honest, I've failed as much as I have succeeded. But I love my wife. I love my life. And I wish you my kind of success.
- Dicky Fox

747NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 7:25 pm

Hoags

Hoags
All-Star
All-Star

wprager wrote:
And that is *exactly* why the court will rule in the NHL's favor.

I'm not a lawyer but that's how I think so too.

If the players don't want to be represented by a union then vote to decertify the union.

If the union no longer wants to represent the players then disclaim interest and walk away.

But this is some bizarre attempt to do both at the same without having to wait for decertification, which seems fishy and the article I linked seems to agree.

748NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 7:44 pm

shabbs

shabbs
Hall of Famer
Hall of Famer

The issue with decertification is that it takes a longer time (45 days) and they can't re-form the union for a period of a year after it's done. DOI is instant and can reform right away, so it lends itself better to this type of situation to put pressure on the NHL to get a quicker deal. But the NHL sees right through their plans and is not blinking.

749NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 7:57 pm

Hobiesens

Hobiesens
Sophomore
Sophomore

I guess he was bored by not having any meetings to go to and I'm not a Crosby fan but this was pretty cool...

http://www.thestar.com/sports/hockey/nhl/article/1304002--ball-hockey-players-shocked-to-find-sidney-crosby-playing-goalie

Keeping himself busy, luckily no one ran the goalie.

750NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 8:23 pm

shabbs

shabbs
Hall of Famer
Hall of Famer

Wow, that's a ton of padding...

NHL CBA Talk - Page 50 8c72344a43e6950777a49353ecfe

No wonder he got a shutout.

Wink

751NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Tue Dec 18, 2012 11:48 pm

SeawaySensFan

SeawaySensFan
Franchise Player
Franchise Player

shabbs wrote:Wow, that's a ton of padding...



No wonder he got a shutout.


Wink

He actually let one in but cried like a little crybaby until it was disallowed.

752NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Wed Dec 19, 2012 7:45 am

shabbs

shabbs
Hall of Famer
Hall of Famer

SeawaySensFan wrote:
shabbs wrote:Wow, that's a ton of padding...



No wonder he got a shutout.


Wink

He actually let one in but cried like a little crybaby until it was disallowed.
Heh heh. Some things don't change...

753NHL CBA Talk - Page 50 Empty Re: NHL CBA Talk Wed Dec 19, 2012 7:57 am

shabbs

shabbs
Hall of Famer
Hall of Famer

So, Jan. 10th was floated by TSN's hockey guru's this morning as the latest date for a deal so "save the season" with a 48-game season.

Three weeks.

And the holidays are smack in the middle of all that.

Bobby Mac said they better be cooking in the first week of January or kiss it all good bye.

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