Ask a Lawyer: Would the NHLPA ever try to decertify to end the lockout?

5 Comments

With all the rhetoric emanating from each side of the NHL’s labor dispute, we’ve decided to bring in an actual lawyer to answer a series of questions. Hopefully it will prove useful to you, the reader, because it’s costing us $500 an hour. Please welcome to ProHockeyTalk, sports legal analyst Eric Macramalla.

PHT: Hello again, Eric. We’ve heard about unions voting to decertify in past pro sports labor stoppages. First off, what is that? Why do unions do it? And would the NHLPA every try it to end the lockout?

EM: Facing a lockout in 2011, the NFL Union disclaimed interest. After being locked out, NBA players voted to decertify the Union.

While the terms are different, decertification and disclaiming interest look the same at the end of the day: the Union has been dissolved or blown up. (Decertification refers to employees revoking the authority of their Union to bargain on their behalf, while disclaiming interest refers to the Union terminating its right to represent the players.)

Why are Unions dissolved this way? It’s done so players can file antitrust lawsuits against a league with a view to blocking a lockout, while ultimately looking to gain leverage in labor negotiations.

That begs the question: will the NHLPA and Donald Fehr ever dissolve or blow up the Union?

First things first though – let’s address this antitrust nonsense.

Here are the basics. It is unlawful for competitors to get together and fix the marketplace. When they do so, they open themselves up to antitrust claims. So fast food joints can’t all agree that they will start charging $50 for a hamburger. Back in the 1880s, the U.S. Federal Government wanted to ensure healthy competition and didn’t want to see competitors fixing the marketplace. That was the beginning of antitrust laws in the U.S.

This also applies to sports leagues. By way of example, the NHL has 30 teams that are competitors. However, while they are competitors, they still get together and impose restrictions on the marketplace by way of the terms in the collective bargaining agreement (CBA). The CBA provides for a salary cap, places limits on free agency and restricts the number of players a team can employ. Teams even share revenues.

Setting up these rules makes sense. A sports league is unique in that it requires a great deal of cooperation among teams to be successful.

So why are leagues generally able to avoid antitrust lawsuits? It’s because these unlawful restrictions are found inside the CBA. Think of the CBA as a protective bubble. While certain terms may be unlawful, by putting them inside the four corners of the CBA, leagues are insulated from these types of antitrust claims. It makes some sense, since a CBA represents an agreement between the employer and its employees. So the CBA rules the day.

That’s where decertification (or disclaiming interest) comes in. Decertification is the pin that bursts the CBA protective bubble. By dissolving a Union, the CBA is no longer able to protect a league against antitrust lawsuits.

Things, though, changed in 2011 when the NFL Union was dissolved and the players filed an antitrust lawsuit against the league to block the lockout. The Court of Appeal ruled that despite the Union dissolving itself, the CBA still protected the NFL from the antitrust lawsuit. That was a game changer for leagues.

As a result, antitrust litigation and decertification has become a far less effective tool for players in CBA negotiations. That means it’s highly unlikely that NHL players will decertify the Union. So don’t expect to see it.

Indeed, the message that has been sent by the Court of Appeal is that deals are hammered out at the bargaining table and not in the courtroom.

Eric Macramalla is a partner at a national law firm and TSN’s sports legal analyst. He has covered the legal side of all major sports stories, including the NFL and NBA lockouts, the Saints Bountygate, Barry Bonds and Roger Clemens perjury trials, the Ilya Kovalchuk dispute and the Jerry Sandusky case. You can follow him on Twitter at@EricOnSportsLaw and his sports law blog is located at www.OffsideSportsLaw.com.

Ask a Lawyer: If a player has a contract, how can the owners cut his salary?

WATCH LIVE: Los Angeles Kings vs Anaheim Ducks

Getty Images
Leave a comment

CLICK HERE TO WATCH LIVE

PROJECTED LINES

Los Angeles Kings

Adrian KempeAnze KopitarDustin Brown

Tanner PearsonTrevor LewisTyler Toffoli

Alex IafalloNick ShoreMarian Gaborik

Kyle CliffordTorrey MitchellAndy Andreoff

Derek ForbortDrew Doughty

Jake MuzzinAlec Martinez

Kevin Gravel– Christian Folin

Starting Goalie: Darcy Kuemper

NHL on NBCSN: Kings look to end losing streak vs. Ducks

Anaheim Ducks

Rickard RakellRyan GetzlafCorey Perry

Andrew CoglianoRyan KeslerJakob Silfverberg

Nick RitchieAdam HenriqueOndrej Kase

Chris WagnerAntoine VermetteJ.T. Brown

Cam FowlerKevin Bieksa

Hampus LindholmJosh Manson

Francois BeaucheminBrandon Montour

Starting Goalie: John Gibson

Red Fisher, as told by those who knew him

The Canadian Press
Leave a comment

Red Fisher is a mythical name in sports journalism.

Fisher’s death on Friday at 91 sent shockwaves through the National Hockey League community, and stories upon stories — snippets of Fisher and his life — began circulation around the Internet, many on Twitter by those who worked alongside him and those who had the pleasure to speak with the man.

Fisher’s life will be immortalized in print in the coming days. Michael Farber wrote this beautifully done piece for the Montreal Gazette already today. A must-read.

Here’s what his contemporary’s are saying, those that revere him and the people who Fisher made an impact on in so many ways:

 

Kraken? Totems? New domains raise interesting Seattle possibilities

Oak View Group
6 Comments

It’s all in the name. A domain name.

As DetroitHockey.net’s Clark Rasmussen points out, even though a Seattle franchise hasn’t been announced yet, it hasn’t stopped some interesting speculation as to what that team would be called if and when that announcement comes.

The Seattle Kraken? Totems? Rainers? They’re all interesting (and perhaps potential) possibilities for what would be the NHL’s 32nd franchise.

Rasmussen has been following the registration of domain names for websites that are cropping up over the past several weeks. Many, he says, are bought by “known domain speculators” looking to make a quick buck if their speculation turns out to be accurate.

But Rasmussen stumbled upon something a little meatier on Thursday.

“By my count, 38 domains representing 13 different possible names were registered under the name of Christina Song,” Rasmussen wrote on his blog. “Ms. Song, according to her LinkedIn profile, is General Counsel at Oak View Group, who won the bid to redevelop Seattle’s Key Arena on December 4. The domains were registered via an email address for a lawyer at Gibson Dunn. That firm assisted Oak View Group in the Key Arena bid process.”

Rasmussen isn’t new to this. He did some great work in the lead up to the naming of the Vegas Golden Knights.

Rasmussen is quick to point out that 13 names that were registered don’t necessarily mean one of them will be the chosen name for the new club.

“The franchise hasn’t even been applied for,” he writes, noting that the ownership group hasn’t even been formed yet. “There is the distinct possibility that this is nothing. That said, someone so close to the process applying for so many related domains is worth noting.”

Indeed.

The names Rasmussen found were:

Seattle Cougars
Seattle Eagles
Seattle Emeralds
Seattle Evergreens
Seattle Firebirds
Seattle Kraken
Seattle Rainiers
Seattle Renegades
Seattle Sea Lions
Seattle Seals
Seattle Sockeyes
Seattle Totems
Seattle Whales

In an update to his original story later on Friday, Rasmussen identified 38 domains that were registered on Thursday for two years.

They are:

seattle-cougars.com
seattlecougarshockey.com
seattleeagles.com
seattle-eagles.com
seattleeagleshockey.com
emeraldshockey.com
seattle-emeralds.com
seattleemeraldshockey.com
evergreenshockey.com
seattleevergreens.com
seattle-evergreens.com
seattleevergreenshockey.com
firebirdshockey.com
seattlefirebirds.com
seattle-firebirds.com
seattlefirebirdshockey.com
seattle-kraken.com
seattlekrakenhockey.com
rainiershockey.com
seattle-rainiers.com
seattlerainiershockey.com
seattlerenegades.com
seattle-renegades.com
seattlerenegadeshockey.com
sealionshockey.com
seattle-sealions.com
seattle-sea-lions.com
seattlesealionshockey.com
seattleseals.com
seattle-seals.com
seattlesealshockey.com
seattle-sockeyes.com
seattlesockeyeshockey.com
seattle-totems.com
whaleshockey.com
seattlewhales.com
seattle-whales.com
seattlewhaleshockey.com


Scott Billeck is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @scottbilleck

No suspensions, just fines for Dustin Brown, Evgeni Malkin

10 Comments

At least one things seems consistent when it comes to the NHL’s fines and suspensions: Dustin Brown sure has a knack for avoiding supplemental discipline.

The hard-hitting Los Angeles Kings forward agitates and frustrates, and sometimes he hurts with polarizing hits. Yet, even with a resume full of debatable checks, Brown only has one suspension to his name.

Many expected that toll to rise to two today after an ugly looking cross-check on Pittsburgh Penguins defenseman Justin Schultz, but that was not the case. Instead, the Department of Player Safety is only giving Brown a $10K fine.

Evgeni Malkin was also fined $5K for spearing Brown (video isn’t available at the moment, but many claim that Malkin speared Brown in the groin).

The Penguins ended up winning last night 3-1, adding to their recent upswing and extending the Kings’ losing streak to five games.

You can see the Brown incident, which drew a match penalty, in the video above this post’s headline. Brown explained his side of the story, as you can see in this post, and maybe that hearing ended up going in his favor?

“I’m going to close on him. He stumbles, toe picks. I don’t drive him into the wall or anything,” Brown said afterward via LA Kings Insider. “Also, closing on the play, at the most it’s probably a two, I think. I mean, who knows because of the protocol and all that, but it’s one of those plays where I’m going to close and he’s in an unfortunate spot.”

The bright side is that Schultz at least seems OK.

Even so, plenty of people are upset with this drawing a mere fine instead of forcing Brown to miss time, particularly in the backdrop of Andrew Cogliano seeing his ironman streak end thanks to a two-game suspension.

This isn’t just a matter of Penguins fans griping, either, as Brown tends to draw wider ire from observers in moments like these.

The Department of Player Safety is no stranger to handing out head-scratching rulings, but we’re no longer in the Brendan Shanahan days in which there would be more widespread explanations for decisions. The league seems responsive when it comes to complaints about spin-o-ramas and lengthy offside reviews, but when it comes to suspensions and fines, it seems like fans and media are still on for an uphill battle.

James O’Brien is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @cyclelikesedins.