Fehr and players

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?

Pens coach praises Murray: ‘He doesn’t get rattled’

1 Comment

Hot take: the Pittsburgh Penguins probably won’t deal with a goalie controversy going into Game 7.

(Ugh, that’s a failed hot take … you can’t use “probably” in those things, right?)

Matt Murray was fantastic at times during Game 6, much like his counterpart in the Tampa Bay Lightning’s net in a 5-2 win. Granted, there were some tense moments during the Bolts’ late-game push:

Much has been made about experience, especially from those calling for Marc-Andre Fleury earlier in this series. It’s telling that the praise Murray draws sure sounds like what you’d expect from a “veteran.”

“He has a calming influence,” Sullivan said. “He doesn’t get rattled. If he lets a goal in, he just continues to compete. That’s usually an attribute that usually takes years to acquire that, and to have it at such a young age is impressive.”

Thanks in part to Murray’s efforts in Game 6, he’ll get a chance to prove his resolve in something new: a Game 7 in the Eastern Conference Final.

Once again, his teammates seem pretty confident in this elimination situation.

Lightning lament Game 6 effort, Cooper doesn’t blame disallowed goal

7 Comments

The Tampa Bay Lightning seemed to sleepwalk through the first two periods of Game 6, and waking up in the final frame wasn’t enough to edge the Pittsburgh Penguins.

On the bright side, at least the Lightning aren’t in denial about that weak first 40 minutes.

It seemed like everyone on the team more or less admitted as much in unison.

Brian Boyle added that he felt like the Lightning tiptoed around this game. Jon Cooper often provides great quips, yet he was pretty matter-of-fact in this case.

Many will linger on this disallowed goal for Jonathan Drouin, which would have provided a 1-0 lead for Tampa Bay in the first period.

Let’s face it; that moment came pretty early in the game. To Tampa Bay’s credit, they’re not pinning the loss on that setback.

Now they must set their sights on competing throughout Game 7 … and maybe earning some bounces of their own in the process.

Read more about Game 6 here.

Penguins force Game 7 after holding off Lightning rally

18 Comments

The Pittsburgh Penguins played with fire late in Game 6, but they also showed plenty of fire in beating the Tampa Bay Lightning 5-2.

With that, this thrilling Eastern Conference Final will go the distance with Game 7 on Thursday.

There are at least a few “What if?” scenarios to consider, especially for the Lightning.

What if that offside goal counted?

Jonathan Drouin played some fantastic hockey on Tuesday, yet his most memorable moment came via something that ultimately “didn’t happen.” An offside call on a goal review kept a 1-0 lead from happening for Tampa Bay:

Instead, the Penguins poured it on during the first period and eventually went up 1-0. They then carried that momentum over through the second period, adding two more goals to go up 3-0 heading into the final frame.

What if Tampa Bay played more like they did in the third period?

The difference between the level of play in the first 40 minutes and the final frame were night-and-day.

Now, you can make a chicken-and-the-egg argument here. Did the Penguins take their feet off the gas with that lead? Maybe Jon Cooper finally unleashed the hounds when the Lightning were facing a big deficit?

Maybe it’s a combination of those factors; either way, the Bolts couldn’t come all the way back even after making it interesting. At one point the game was 3-2 before a Bryan Rust breakaway goal and an empty-netter put things out of reach.

Both Matt Murray and Andrei Vasilevskiy faced plenty of tough chances and came through more often than not. We’ll see if there are any goal controversy rumblings, but each netminder came through at times tonight.

***

Now the series shifts back to Pittsburgh for Game 7 with a Stanley Cup Final on the line. Excited and/or nervous yet?

More: Great goals by Sidney Crosby and Phil Kessel.

Sidney Crosby scores a superstar goal

11 Comments

With the Pittsburgh Penguins’ season on the line in Game 6, plenty of eyes are on big guns Sidney Crosby, Evgeni Malkin, Kris Letang and Phil Kessel.

Those marquee names are really coming through so far as they’ve now built a 3-0 lead through two periods against the Tampa Bay Lightning.

You likely already saw Kessel’s display of high-end hand-eye coordination (if not, check it here). Kris Letang scored his first goal of the series to make it 2-0 on a very tricky, well-placed shot.

The highlight really might be Crosby’s tally, though. He left multiple Lightning players baffled and beat a very-much-game Andrei Vasilevskiy to beef that lead up 3-0.