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?

The Buzzer: Kucherov, DeBrincat each hit fivers; Thornton turns back the clock

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Three stars

1. Nikita Kucherov, Tampa Bay Lightning

I mean, what is there to say about Kucherov that hasn’t already been said?

Kucherov was in fine form again on Monday, scoring twice and adding three assists in a five-point effort that left him one-point shy of 100 on the season. He’s played 60 games now.

The point totals are insane. He seems to be a lock for the Art Ross, and likely the Hart, too. The only real question is what that final total will be in 22 games’ time? With assists like these…

2. Alex DeBrincat, Chicago Blackhawks

DeBrincat match Kucherov’s five-point total with a hat trick and two assists in a wild 8-7 win for the Blackhawks against the Ottawa Senators.

In just his second year in the NHL, DeBrincat has 32 goals and 60 points in 60 games this season, surpassing his 28-goal, 52-point totals from his rookie season a year ago.

He has six goals and 12 points in his past six games now.

The Blackhawks are now just one point back of a playoff spot.

3. Joe Thornton, San Jose Sharks

Semyon Varlamov had a shutout, but 39-year-old Thornton grabbed his first hat trick since 2010 so he gets here by default.

It was Oct. 27, 2010, against the New Jersey Devils, precisely, when Thornton last bludged the twine three times. There was no beard then, no gray hairs either. Just Jumbo Joe, only eight years younger.

Thornton turned back the clock in Monday’s 6-5 overtime loss to the Bruins. It won’t be as sweet, especially after how the Sharks ended up losing, but it was impressive nonetheless.

Highlights of the night

Hands of Kucherov:

McAvoy’s winner:

Factoids

Scores

Flames 5, Coyotes 2
Lightning 5, Blue Jackets 1
Blackhawks 8, Senators 7
Avalanche 3, Golden Knights 0
Bruins 6, Sharks 5 (OT)
Capitals 3, Kings 2


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

Bruins win after forcing overtime on controversial third-period goal

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Add the Boston Bruins and San Jose Sharks to Stanley Cup Final matchups that would be epic.

This game was great and ridiculous in so many ways.

The Bruins led 4-2 at one point, trailed 5-4 in the third after going over 20 minutes without a shot on goal, tied the game on a goal that shouldn’t have counted and then won 6-5 in overtime to rub it all in the faces of the San Jose Sharks on NBCSN on Monday.

Pete DeBoer coached his 800th game on Monday and it appeared he was headed for a nice win to cap it off. But he quickly turned incensed with 1:49 left in the third period when the Bruins tied the game 5-5.

The goal was a clear high stick from Chris Wagner but the referees chose not to review the play, effectively sending the game to overtime.

The goal flustered the Sharks.

In overtime, Evander Kane was heading for a clear cut breakaway when the net behind Tuukka Rask was found to be off its moorings. The play was halted, further frustrating San Jose (even though replays show it was Kane who dislodged it earlier in his shift).

And then Charlie McAvoy drove home the final dagger with 1:01 left on the OT clock.

The ending was so crazy that we haven’t even gotten to Joe Thornton and his hat trick.

Yes, one of the NHL’s elder statesmen potted his first treble since Oct. 27, 2010, when his beard was merely stubble and all one color.

Unlikely? Yes. Impossible? Nope. Even at 39, Thornton continues to be a special player.

The Bruins rolled in SAP Center in San Jose riding a five-game winning streak and a 10-game point streak and looked like they were heading, easily at first, to a season-long sixth straight win.

They led 3-0 in the first period (and it could have been four if not for this save by Marc-Edouard Vlasic — which may have not actually been a save at all) before Thornton clawed one back with three seconds remaining in the frame.

Jumbo Joe’s first sparked the Sharks out of the intermission and Joe Pavelski reduced the deficit to one with his 32nd on the power play. The Bruins answered four minutes later through Jake DeBrusk. With a 4-2 lead, the Bruins’ sticks fell silent.

For the next 20-plus minutes, it was San Jose who dictated the play and all of the shots.

By the time the Bruins had their first shot on goal in the third period, the game was tied. A few moments later, Thornton tallied his hat trick and the Sharks led 5-4.

The Sharks dropped just their second game in their past nine, but the loss keeps them one point back of the Calgary Flames for the top spot in the Pacific Division.

The Bruins, meanwhile, tighten their grip on second place in the Atlantic Divison. They now lead the Toronto Maple Leafs by three points, although Toronto has two games in hand.


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

Blackhawks, Senators combine for 15 goals in thriller

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Fifteen total goals.

Four goalies used.

Twenty-three skaters with at least a point.

No, this wasn’t the aftermath of a seven-game series in the Stanley Cup Playoffs. Instead, it was a Monday night sizzler between the Chicago Blackhawks and visiting Ottawa Senators — a wild and wacky affair that, when the dust settled, saw the Blackhawks emerge with an 8-7 victory.

The game had five goals combined within the first 7:55 of the opening period. By the time the 17:46 mark came, there were nine goals scored, and there was 12 lamps lighted just after the halfway point of the game.

Here’s a quick summary:

1st period:

  • OTT – Ryan – 2:06
  • OTT – Balcers – 2:40
  • CHI – DeBrincat – 3:54
  • CHI – DeBrincat  – 5:07
  • OTT – White – 7:55
  • CHI – Kane – 12:36
  • CHI – Strome – 13:22
  • CHI – Saad – 14:53
  • OTT – Stone – 17:46

2nd period

  • OTT – White – 1:32
  • CHI – DeBrincat – 8:19
  • CHI – Forsling – 10:31

3rd period

  • CHI – Toews – 3:51
  • OTT – Chabot – 9:01
  • OTT – Chabot – 14:43

And here’s the full breakdown from the NHL game sheet.

Alex DeBrincat‘s night ended with a hat trick and five points while Dylan Strome and Patrick Kane each had three-point efforts for the Blackhawks.

Colin White had a three-point night for the Senators while Thomas Chabot scored twice as Ottawa nearly came back in the third.

Collin Delia lasted just 7:55 after allowing three goals on 10 shots. Cam Ward replaced him, allowing four on 28 for Chicago.

Anders Nilsson didn’t fare much better, lasting 13:22 after giving up four goals on 12 shots. Craig Anderson came off the bench and allowed four on 30 shots in relief.

Chicago shot at a 19 percent success rate, edging out Ottawa’s 18.4 shooting percentage in the game.

The puck dropped in the game at 7:38 CT and the final horn didn’t sound until 10:11.


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

Sharks’ Vlasic makes wild goal-line save

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The difference between a goal and a save can come down to mere millimeters sometimes.

This one, however, came down to a razor’s edge.

The Boston Bruins came within less than of scoring a goal in the first period of their game against the San Jose Sharks on NBCSN on Monday when Charlie McAvoy‘s point shot flirted with the edge of the goal line at the 7:32 mark.

The puck appeared to teeter on the goal line before Marc-Edouard Vlasic swatted out of the net. You be the judge on the above video evidence. It’s so incredibly close.

To the referee’s credit, he immediately waved no goal, a testament to his hawkish eyesight. He was right. Video review determined that the puck, somehow, did not cross the line.

The game continued until the 10:13 mark before the play was reviewed.

The call didn’t seem to faze the Bruins, who scored three straight and led 3-1 after the first period.


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