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?

Lindholm’s first goal of 2016-17 was a big one for Ducks

ANAHEIM, CA - DECEMBER 04:  Hampus Lindholm #47 of the Anaheim Ducks avoids Micheal Haley #38 of the San Jose Sharks at Honda Center on December 4, 2015 in Anaheim, California.  (Photo by Sean M. Haffey/Getty Images)
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ANAHEIM, Calif. (AP) If the goals aren’t going to come in bunches, best make them timely.

At least, that’s what worked for Hampus Lindholm on Friday night.

Lindholm got his first goal of the season with 5:38 remaining, helping the Anaheim Ducks beat the San Jose Sharks 3-2 after blowing a two-goal lead.

Nick Ritchie found Lindholm alone on the opposite circle and fired a sharp pass that Lindholm slapped in over goalie Martin Jones‘ left shoulder.

“I came in on the left side and they just kind of lost him,” Ritchie said. “He was wide open and slapped it in there.”

Goals by Brent Burns and Kevin Labanc brought San Jose back after Rickard Rakell and Antoine Vermette scored in the first period for Anaheim.

Anaheim is 5-1-1 in its past seven games, including two wins over San Jose.

The 22-year-old Lindholm held out this season before signing a six-year contract extension in late October. He didn’t play his first game until Nov. 9 and got his first goal in 15 contests.

“I don’t think it was pretty tonight, but we got the win,” Lindholm said.

It was the third time the teams had met this season, and all three games have been decided by one goal.

“We battled back and I thought the game could have gone either way,” Sharks coach Peter DeBoer said. “We’re just finding our way to lose right now instead of win.”

It was a big game for Anaheim goalie Jonathan Bernier. In his last start, he gave up eight goals to Calgary, but Friday, he had 22 saves and withstood a frantic final attack after San Jose pulled its goalie with 2 minutes left.

“He played well the last time we were in San Jose and got us the win,” coach Randy Carlyle said. “Berny was looking for some kind of opportunity after the game in Calgary and I felt we owed him that.”

Jones stopped 29 shots for the Sharks.

San Jose tied it early in the second period when Labanc slipped a shot under Bernier’s left leg. It was the 20-year-old’s third goal of the season.

“We had some good looks,” Sharks center Joe Pavelski said. “We have to start putting them in the net.”

The Ducks nearly completed a dominant first period with a 2-0 lead, but Burns got his 12th goal of the season with 6 seconds left by slapping a shot past Bernier.

Anaheim opened the scoring 4:44 in after Shea Theodore fired a shot from just beyond the midpoint of the two circles. Jones deflected the shot, but Rakell snagged the rebound and wrapped it around and behind Jones.

Rakell, another late signing, has 11 goals in his 17 games since joining the Ducks.

“He’s a really good weapon,” Lindholm said. “He knows where to put (the puck). It’s fun to watch. He’s really a skilled guy.”

The Ducks went up 2-0 after Theodore came streaking down the right side and fired a perfect pass to Vermette, who snapped it past Jones for his fifth of the season.

NOTES: The Ducks are 60-59-11 against the rival Sharks. … Anaheim’s Joseph Cramarossa fought San Jose’s Tommy Wingels about five minutes into the first period.

UP NEXT

Sharks: Host Carolina on Saturday.

Ducks: Host Ottawa on Saturday.

Raanta rewards Rangers for starts over Lundqvist by blanking Blackhawks

VANCOUVER, BC - NOVEMBER 15: Goalie Henrik Lundqvist #30 of the New York Rangers shares a laugh with teammate Antti Raanta #32 after defeating the Vancouver Canucks 7-2 in NHL action on November 15, 2016 at Rogers Arena in Vancouver, British Columbia, Canada.  (Photo by Rich Lam/Getty Images)
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If someone told you that the New York Rangers started a goalie on back-to-back nights, and that goalie wasn’t Henrik Lundqvist, you’d probably wonder if he was hurt or retired.

Nope. It just so happens that Antti Raanta is playing at an incredibly high level, Alain Vigneault noticed, and that decision paid dividends on Friday night. Raanta won both nights of a back-to-back, allowing a single goal (with the Rangers protecting him, being that he only needed to stop 43 of 44 shots during that span).

Raanta and the Rangers blanked the Chicago Blackhawks with a 1-0 overtime win, at least briefly climbing to first place in the massively competitive Metro Division:

1. Rangers – 39 points in 29 games played
2. Penguins- 37 points in 27 GP
3. Blue Jackets – 36 points in 25 GP
4. Capitals – 35 points in 26 GP
5. Flyers – 35 points in 29 GP

Nick Holden ended up scoring the only goal of the game:

Meanwhile, the Blackhawks lost but at least salvaged a standings point and it seems like Patrick Kane is OK after this injury scare:

Raanta improved to 7-1-0 on the season, allowing two goals or less in all but one of his appearances so far this season. That’s the kind of work you’d expect to see if you’re going sit a guy who’s, you know, a living legend.

Blue Jackets remain in thick of things in Metro on tough night for Red Wings

DENVER, CO - DECEMBER 01:  Boone Jenner #38 of the Columbus Blue Jackets is congratulated by his teammates after scoring the go ahead goal against the Colorado Avalanche at the Pepsi Center on December 1, 2016 in Denver, Colorado.  (Photo by Matthew Stockman/Getty Images)
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As the Columbus Blue Jackets keep rolling, the Detroit Red Wings are probably just happy to get Friday behind them.

For the second straight game, the Blue Jackets beat their opponent 4-1.

They’re now on a five-game winning streak, and like the climbing St. Louis Blues, things look great if you go back a little further. They’re 10-1-2 in their last 13 games and 13-2-3 since November began.

Columbus is now at 16-5-4, giving them 36 standings points. They’re once again in breathing distance of leading the Metro Division when you consider games in hand.

Update: Here’s how the standings look after the Rangers beat the Blackhawks 1-0 in overtime:

1. Rangers – 39 points in 29 games played
2. Penguins- 37 points in 27 GP
3. Blue Jackets – 36 points in 25 GP
4. Capitals – 35 points in 26 GP
5. Flyers – 35 points in 29 GP

That’s a stout division, and the Blue Jackets remain shockingly effective. Then again, with results like these over and over again, it might be time to merely expect such impressive work.

***

For Detroit, it was a rough night. Jonathan Ericsson couldn’t play, Mike Green was a little banged up and Petr Mrazek was pulled for Jimmy Howard. This goal summarized some of their struggles:

Blues blaze through Devils, even in New Jersey

NEWARK, NJ - DECEMBER 09: (L-R) Brad Hunt #77, Robby Fabbri #15 and Vladimir Tarasenko #91 of the St. Louis Blues celebrate Fabri's first period goal against the New Jersey Devils at the Prudential Center on December 9, 2016 in Newark, New Jersey.  (Photo by Bruce Bennett/Getty Images)
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The New Jersey Devils have been incredibly difficult to beat at home. Lately, the St. Louis Blues have been on a roll just about anywhere.

On Friday night, the Blues were the hotter team, handing the Devils their first home loss in regulation in 2016-17. And it wasn’t particularly close, with St. Louis winning 4-1.

It’s a convenient time to note that the Blues rank among the hottest teams in the NHL. Most recently, they’re 5-1-1 in their last seven games, but they’ve been especially impressive since they flirted with .500 at 7-6-3. Beginning with a 4-1 win against the Buffalo Sabres on Nov. 15, the Blues are on a 8-2-1 tear.

This leaves them second in the Central with a 16-8-4 record.

That’s impressive stuff.

This 4-1 win was quite the showcase for Robby Fabbri and Vladimir Tarasenko, in particular. Tarasenko collected three assists while Fabbri scored two goals on Friday night. His second goal was particularly slick:

The Blues are right in saying that this was a pretty fitting opportunity to drop a “Holy Jumpin.”

Oh yeah, don’t forget about Jake Allen, either.