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?

NHL schedules hearing with Orpik over Maatta hit

Maatta
7 Comments

Brooks Orpik‘s late hit in Game 2 on Saturday might keep him out of Monday’s contest.

At the very least, the NHL Department of Player Safety intends to discuss the matter with Orpik today, per the department’s Twitter feed.

The incident occurred early in the first period when the Capitals forward smashed into Olli Maatta. The Penguins blueliner collapsed and needed some assistance getting off the ice. He didn’t return to the game.

You can see that hit below:

“I thought it was a late hit,” Penguins coach Mike Sullivan told CSN Mid-Atlantic. “I thought it was a target to his head. I think it’s the type of hit everyone in hockey is trying to remove from the game.”

The Penguins didn’t have an update on Maatta’s condition immediately following the contest.

‘I don’t know if it has sunk in yet,’ Jets GM Cheveldayoff gets lucky with draft lottery

Kevin Cheveldayoff, general manager of Winnipeg Jets, speaks to members of the media after winning the second selection of the NHL hockey draft lottery in Toronto, Saturday, April 30, 2016. (Chris Young/The Canadian Press via AP) MANDATORY CREDIT
The Canadian Press via AP
2 Comments

The Toronto Maple Leafs may have won the draft lottery, but an argument can be made that the luckiest team last night was the Winnipeg Jets.

After all, Toronto had the best odds to get the top pick, but Winnipeg jumped from sixth to second in the draft order.

“I don’t know if it has sunk in yet,” Jets GM Kevin Cheveldayoff told the Winnipeg Sun. “I was doing my scrum at the end (of the show) with the media that was here, I said at one point, ‘Moving from six to two…’ and I had to catch myself and go through the mental notes in my head that it had just really happened.”

It’s likely, though not guaranteed, that the Maple Leafs will take Auston Matthews with the first overall pick. Assuming that’s the case, moving up to the second overall pick means that Winnipeg will have the option of choosing one of the two promising Finnish forwards available: Patrik Laine or Jesse Puljujarvi.

That’s potentially a big break for Winnipeg, especially after this campaign where the Jets went from making the playoffs for the first time since relocating to posting a 35-39-8 record. Through five campaigns in Winnipeg, the Jets have missed the playoffs four times.

The last time this franchise drafted this high was back when the then Atlanta Thrashers took Kari Lehtonen with the second overall pick in 2002. That was the final year in a string of four straight drafts where the Thrashers always had the first or second selection. The previous three years they took Patrik Stefan (1999), Dany Heatley (2000), and Ilya Kovalchuk (2001).

Related: Shanahan: Leafs earned No. 1 pick ‘the hard way’

Here’s your Stanley Cup playoffs schedule for today

Stanley Cup
Leave a comment

After the Eastern Conference Game 2s played out on Saturday, we’re getting the Western Conference set today. You can watch the action via NBC Sports Group’s television and digital platforms.

Here’s a quick overview of where specifically you can watch the contests:

St. Louis at Dallas (3:00 p.m. ET)

If you want to watch the game on television, NBC is the channel to do that. If you want to stream the game with the NBC Sports Live Extra app, click here.

Nashville at San Jose (8:00 p.m. ET)

The game will be televised on NBCSN. You can also stream the contest by clicking here.

Here’s some relevant pregame reading material:

With Eaves injured, Nichushkin will play for Stars in Game 2

Hitchcock, Blues know they need to slow down the Stars … but can they?

Sharks swarm in the third period, take down Predators in Game 1

Speed, skill help Stars score late victory to take series lead over Blues

Video: Penguins coach takes issue with late, high Orpik hit on Maatta

24 Comments

The Pittsburgh Penguins have spoken out against a late, high hit that Washington Capitals defenseman Brooks Orpik threw on Olli Maatta early in the first period of an eventful Game 2 on Saturday.

Maatta left and didn’t return. He played only 31 seconds, and the Penguins were reduced to five defensemen for a large portion of the game. Orpik was given a minor penalty on the play, but the league’s Department of Player Safety may see it differently.

The hit occurred well after Maatta had gotten rid of the puck. He struggled on his way to the dressing room for further evaluation.

Based on multiple reports, Orpik wasn’t made available to the media following the game, which went to the Penguins as they earned the split on the road.

But the Penguins have taken issue with the hit.

“I thought it was a late hit,” said Penguins coach Mike Sullivan, as per CSN Mid-Atlantic. “I thought it was a target to his head. I think it’s the type of hit everyone in hockey is trying to remove from the game.”