Fehr and players

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

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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?

Capitals shine glaring light on Blues’ goalie woes

ST LOUIS, MO - MAY 23:  Jake Allen #34 of the St. Louis Blues makes a save during the first period against the San Jose Sharks in Game Five of the Western Conference Final during the 2016 NHL Stanley Cup Playoffs at Scottrade Center on May 23, 2016 in St Louis, Missouri.  (Photo by Jamie Squire/Getty Images)
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If you’re reaction to the headline “Something is off about the St. Louis Blues” was “Yeah, their goaltending,” then Thursday only emboldened that opinion.

It wasn’t just that the Washington Capitals bombarded the Blues by a score of 7-3. It’s that they really didn’t need to fire a whole lot of shots on goal to get to seven.

Here’s a harsh rule of thumb: when both of your goalies play in a game and each one barely makes more saves than goals allowed, that’s an awful night. Take a look at what Jake Allen and Carter Hutton went through:

Allen: six saves, four goals allowed in 25:11 time on ice
Hutton: five saves, three goals allowed in 35:49

Allen got pulled from the contest twice, by the way. He’s been pulled from four games since Dec. 30. Woof.

Even before these horrendous performances, the Blues goalies have been shaky. Hutton came into tonight with an ugly .898 save percentage; Allen wasn’t much better with a .900 mark.

Those are the type of numbers that would make Dallas Stars fans cringe, or at least experience some uncomfortable familiarity.

Now, is it all on Hutton and Allen? Much like with the Stars’ embattled goalies, much of the struggles probably come down to a team struggling in front of them.

Even so, if you assign more of the blame to Allen and Hutton, nights like this Capitals thrashing definitely strengthen your argument. Yikes.

Rangers overwhelm Leafs, make life pretty easy for Lundqvist in win

TORONTO, ON - JANUARY 19:  Henrik Lundqvist #30 of the New York Rangers faces a shot in the warm-up prior to play against the Toronto Maple Leafs in an NHL game at the Air Canada Centre on January 19, 2017 in Toronto, Ontario, Canada. (Photo by Claus Andersen/Getty Images)
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Heading into Thursday, many were wondering how the New York Rangers will handle Henrik Lundqvist‘s struggles. Instead, the focus shifted to the Toronto Maple Leafs’ difficulties, perhaps specifically in dealing with Morgan Rielly‘s absence.

The Rangers handily won this one 5-2, at least giving Lundqvist the win. He wasn’t especially busy, stopping 23 out of 25 shots, so you can probably file his story under “To be continued.”

Really, it was all about the waves of attackers the Rangers can send at opponents and the trouble that caused for the Maple Leafs. It wasn’t the easiest night for Frank Corrado, in particular, who took a couple costly penalties.

The Rangers’ next two games come in a road contest vs. the Red Wings on Sunday and a home game against the Kings on Monday. Perhaps those matches will serve as a better barometer for where Lundqvist’s really at, as he passed tonight’s test … but it wasn’t a particularly difficult one.

So, is Mike Condon actually really good? He certainly was against Columbus

OTTAWA, ON - JANUARY 8: Mike Condon #1 of the Ottawa Senators stands at the bench during a break in a game against the Edmonton Oilers at Canadian Tire Centre on January 8, 2017 in Ottawa, Ontario, Canada.  (Photo by Jana Chytilova/Freestyle Photography/Getty Images) *** Local Caption ***
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Considering their numbers heading in, many were perplexed when the Ottawa Senators essentially replaced Andrew Hammond with Mike Condon. Now many are perplexed by just how strong Condon’s often been for Ottawa.

Thursday might stand as the prime example that this guy could be better than many expected.

The Columbus Blue Jackets dominated much of the play, generating a 42-28 shots on goal advantage, but Ottawa ended up winning 2-0 tonight.

Condon already came into tonight with a solid save percentage (.915 before this shutout), and he’s now won four of his last five games. Three of his four career shutouts have come this season.

Ignoring his one game with Pittsburgh this season for the sake of simplicity (it was bad), just consider his tough times with Montreal last season. He went 21-25-6 with a shaky .903 save percentage.

This marks just his 21st start and 23rd appearance of this season, so it’s not a guaranteee for future results. Still … it’s another example that goalies are as just about as unpredictable as they are crucial to a team’s fate.

More and more, it seems like Condon might just be a difference-maker, and in the positive sense this time around.

Greiss blanks Stars as Isles win in first game of post-Capuano era

NEW YORK, NY - JANUARY 19:  Doug Weight of the New York Islanders handles his first game as head coach against the Dallas Stars at the Barclays Center on January 19, 2017 in the Brooklyn borough of New York City.  (Photo by Bruce Bennett/Getty Images)
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The New York Islanders began the Doug Weight era in the same way Jack Capuano’s ended: with a shutout.

Yeah, it’s easy to forget that the Islanders actually won their last game under Capuano, consider all that’s happened since.

They blanked the Boston Bruins 4-0 on Monday and generated a 3-0 shutout against the Dallas Stars on Thursday. It’s quite a feather in the cap of goalie Thomas Greiss, who owns these back-to-back shutouts.

(It’s worth mentioning that, for all the Bruins’ and Stars’ flaws, they can be very explosive on offense …)

That Monday shutout wasn’t enough for Capuano to save his job, and the Isles still have a long way to go after this encouraging outcome. The East’s second wild card spot still seems like a long shot for Weight & Co.

Even so, the Islanders will take it. They play their next five games at home and seven of eight in Brooklyn, so if there’s ever a time for movement, it would logically come now.

If nothing else, maybe life will be a bit better for John Tavares. He scored another goal on Thursday to add to his beautiful 1-0 tally.

Baby steps, right?