DarthMelvin Posted December 14, 2012 Share Posted December 14, 2012 I wonder if it is fair to say that this pretty much acts as a player vote on the current NHL offer........... Link to comment Share on other sites More sharing options...
Shift-4 Posted December 14, 2012 Share Posted December 14, 2012 No because the players first need to vote to give the board authorization to DoI if they do vote and the authority is given then you can say it is fair to say Link to comment Share on other sites More sharing options...
WolfxHaley Posted December 14, 2012 Share Posted December 14, 2012 You are on an NHL website creating revenue for them. Your boycott is failing like Oprah's boycott of Krispy Kreme. Link to comment Share on other sites More sharing options...
Lui's Knob Posted December 14, 2012 Share Posted December 14, 2012 Say goodbye to the season. Apparently Steve fehr and the players were close to a deal until the big fehr was brought in, which fumed all owners involved. Now with the movement of disclaimer - fehr will take it to the brink. See ya in 2014. Link to comment Share on other sites More sharing options...
WolfxHaley Posted December 14, 2012 Share Posted December 14, 2012 Say goodbye to the season. Apparently Steve fehr and the players were close to a deal until the big fehr was brought in, which fumed all owners involved. Now with the movement of disclaimer - fehr will take it to the brink. See ya in 2014. Link to comment Share on other sites More sharing options...
JAH Posted December 14, 2012 Share Posted December 14, 2012 I want to see the players go through with this....lol This will only empower the NHL owners because the courts will see this is only a tactic and nothing more... Only to reorganize the Union once all matters are settled. What Bettman stated at his PR what to look up DoI instead of Decertification...as Decercification will take much longer than a DoI...and the players do not want to take to much time on such an issue...another fail by the NHLPA to say this is only an "authorization" talk about empty threats lol Cave now...please Link to comment Share on other sites More sharing options...
Ossi Vaananen Posted December 14, 2012 Share Posted December 14, 2012 LOVE the idea of disclaimer of interest. Talk about a class action lawsuit, the players could end up seeing triple their lost salaries in damages. Owners keep pushing for more and more, now finally the players have said we can negotiate through the courts. This is either a nuke to the rest of the season or a realization to the owners that they should cut their losses, or wins in this case and move forward. Hard to say the owners 'lost' anything in these CBA discussions when players were willing to move down to 50% revenue. I bet Bettman crapped his pants when he read this, I'm sure all of his owners are absolutely thrilled at the prospect of being sued by 30+ players per team. Don't worry Hamrlik, you'll get your money. Link to comment Share on other sites More sharing options...
Cromeslab Posted December 14, 2012 Share Posted December 14, 2012 Quote: NEW YORK -- Today, in response to information indicating that NHL Players have or will be asked to vote to authorize the National Hockey League Players' Association's Executive Board to proceed to "disclaim interest" in continuing to represent the Players in collective bargaining, the National Hockey League filed a Class Action Complaint in Federal Court in New York seeking a Declaration confirming the ongoing legality of the lockout. Simultaneously with the filing of its Complaint, the NHL also filed an Unfair Labor Practice Charge with the National Labor Relations Board alleging that by threatening to "disclaim interest," the NHLPA has engaged in an unlawful subversion of the collective bargaining process and conduct that constitutes bad faith bargaining under the National Labor Relations Act. Source: NHL.com Things are heating up folks! Link to comment Share on other sites More sharing options...
Ossi Vaananen Posted December 14, 2012 Share Posted December 14, 2012 It's fluff, I can't see the Unfair Labour Practice charge going through. The declaration wouldn't matter If the union is subverted, it means they would still be locking out individuals. I could be way off, but I'm going to do some more reading. The NLRA can be found here: https://www.nlrb.gov/national-labor-relations-act Link to comment Share on other sites More sharing options...
Shift-4 Posted December 14, 2012 Share Posted December 14, 2012 Quote: NEW YORK -- Today, in response to information indicating that NHL Players have or will be asked to vote to authorize the National Hockey League Players' Association's Executive Board to proceed to "disclaim interest" in continuing to represent the Players in collective bargaining, the National Hockey League filed a Class Action Complaint in Federal Court in New York seeking a Declaration confirming the ongoing legality of the lockout. Simultaneously with the filing of its Complaint, the NHL also filed an Unfair Labor Practice Charge with the National Labor Relations Board alleging that by threatening to "disclaim interest," the NHLPA has engaged in an unlawful subversion of the collective bargaining process and conduct that constitutes bad faith bargaining under the National Labor Relations Act. Source: NHL.com Things are heating up folks! Link to comment Share on other sites More sharing options...
JAH Posted December 14, 2012 Share Posted December 14, 2012 Quote: NEW YORK -- Today, in response to information indicating that NHL Players have or will be asked to vote to authorize the National Hockey League Players' Association's Executive Board to proceed to "disclaim interest" in continuing to represent the Players in collective bargaining, the National Hockey League filed a Class Action Complaint in Federal Court in New York seeking a Declaration confirming the ongoing legality of the lockout. Simultaneously with the filing of its Complaint, the NHL also filed an Unfair Labor Practice Charge with the National Labor Relations Board alleging that by threatening to "disclaim interest," the NHLPA has engaged in an unlawful subversion of the collective bargaining process and conduct that constitutes bad faith bargaining under the National Labor Relations Act. Source: NHL.com Things are heating up folks! Link to comment Share on other sites More sharing options...
Cromeslab Posted December 14, 2012 Share Posted December 14, 2012 I honestly think the players have a better case for negotiating in bad faith,time for Fehr to earn his keep. Link to comment Share on other sites More sharing options...
Shift-4 Posted December 14, 2012 Share Posted December 14, 2012 This step by the NHL allows them to say 'its legal...as per this NY judge'. Link to comment Share on other sites More sharing options...
JAH Posted December 14, 2012 Share Posted December 14, 2012 I honestly think the players have a better case for negotiating in bad faith,time for Fehr to earn his keep. Link to comment Share on other sites More sharing options...
Cromeslab Posted December 14, 2012 Share Posted December 14, 2012 I don't understand what you mean. Are you saying the PA shouldn't disband as the players have a better chance negotiating with the NHL as is? Or are you saying the players have a good case to argue in court that the NHL is bargaining in bad faith? Link to comment Share on other sites More sharing options...
The Bookie Posted December 14, 2012 Share Posted December 14, 2012 Disclaimer vs. decertification Ottawa-based sports/labor lawyer and partner at the national firm Gowlings Eric Macramalla explained the difference between decertification and a disclaimer of interest. Decertification and a disclaimer of interest have the same result: dissolution of the NHLPA. But unlike decertification, a disclaimer of interest does not require a vote. A disclaimer simply requires Donald Fehr to send a letter to the NHL saying he is revoking the NHLPA’s authority to bargain on behalf of the players. The players can then be in court almost instantly asking a judge to lift the lockout. Decertification generally takes 45 to 60 days and requires 30 percent of players to sign a petition supporting it. Once the NLRB validates the petition, the NLRB holds a player vote. If 50 percent of players approve, the union is gone. Once the union is dissolved, the players’ association could negotiate with the league, but within limited parameter. And a deal would require that the NHLPA be reconstituted. The NHL could respond by filing a bad faith complaint with the NLRB or they could first file a lawsuit asking the court to say that the lockout is legal. The NBPA filed a disclaimer of interest on Nov. 14 and a tentative deal was reached on Nov. 26, so this could be helpful in extracting leverage in negotiations. In theory, this can help negotiations, but the NBA aggressively pursued strategies to fight the NBA players’ antitrust strategy, so by no means will this be a slam dunk for NHL players if they choose to take this route. Ultimately, the NHLPA will disclaim interest if it believes it’s out of room to negotiate a deal, but this will not necessarily lead to a quick resolution. Link to comment Share on other sites More sharing options...
Shift-4 Posted December 14, 2012 Share Posted December 14, 2012 ^^^^ Anyone know if the NBA tried the same thing that the NHL did today? Link to comment Share on other sites More sharing options...
JAH Posted December 14, 2012 Share Posted December 14, 2012 I'm saying the players have a better case than the owners and I think Fehr knows this JMO Link to comment Share on other sites More sharing options...
The Bookie Posted December 14, 2012 Share Posted December 14, 2012 ^^^^ Anyone know if the NBA tried the same thing that the NHL did today? Link to comment Share on other sites More sharing options...
JAH Posted December 14, 2012 Share Posted December 14, 2012 ^^^^ Anyone know if the NBA tried the same thing that the NHL did today? Link to comment Share on other sites More sharing options...
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