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?

Dates of note from the 2018-19 NHL schedule

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The 2018-19 NHL schedule has arrived and the 1,271-game journey to the Stanley Cup Playoffs begins Oct. 4 and ends April 6. We’ll have banners being raised, old friends being reacquainted, outdoor games, games in Europe and nearly a full slate on the season’s final day.

Here’s a look at a dozen notable dates on this coming season’s schedule:

Oct. 3, 2018 – Boston Bruins at Washington Capitals

It’s not the Penguins like we all wished, so the Capitals will have to raise their first Stanley Cup banner against the Bruins. They’ll also be playing for a new head coach before traveling to Pittsburgh for a visit with Sidney Crosby and the Penguins the next night.

Also on Opening Night, we’ll get to see the Toronto Maple Leafs hosting the Montreal Canadiens, the Calgary Flames visiting the Vancouver Canucks and the San Jose Sharks playing host to the Anaheim Ducks.

Oct. 4, 2018 — Philadelphia Flyers at Vegas Golden Knights

An historic inaugural season ended in Game 5 of the Stanley Cup Final. But despite the tough defeat, there was plenty for the Golden Knights and their fans to be proud of. When fans return to T-Mobile Arena for their 2018 home opener, there will be a nice celebration with a banner or two going up in the rafters.

Boston Bruins at Buffalo Sabres

Sabres fans get a first glimpse of Rasmus Dahlin in action when they take on the Bruins in the home opener. The expected 2018 No. 1 overall pick brings plenty of hope to Buffalo as the fanbase prays hard that he, Jack Eichel and Casey Mittelstadt can end their years of misery.

Oct. 6, 2018 – Nashville Predators at New York Islanders

Trotz makes his debut as Islanders head coach against one of his old teams. And no matter how free agency goes, this will be an interesting night at Barclays Center. Either John Tavares will be in the Islanders lineup, having committed to the franchise with a long-term extension and thereby garnering a huge ovation, or he’ll be wearing another jersey and the mood in Brooklyn will be quite glum.

This day will also see the Edmonton Oilers and New Jersey Devils facing off in the NHL Global Series in Gothenburg, Sweden.

Oct. 10, 2018 – Vegas Golden Knights at Washington Capitals

A rematch of the Stanley Cup Final that saw the Capitals victorious in five games. Maybe by Oct. 10 Alex Ovechkin will have been separated from the Cup.

Oct. 26, 2018 – Ottawa Senators at Colorado Avalanche

Matt Duchene has been a visiting player against the Avs, but that game actually took place in Sweden last season, so he’s yet to return to Pepsi Center as a Senator. Now, given the state of the Senators, we may get to late October and Duchene could be on a different team. But if he’s still with Ottawa, the reception he gets upon coming back to Denver should be interesting considering how his time with the franchise ended.

Dec. 1, 2018 – Columbus Blue Jackets at New York Islanders

As the Islanders prepare to leave Barclays Center in a few years, this game will be the first of 20 this coming season at their former home of Nassau Coliseum, now known as NYCB Live. The team will play games there over the next few seasons as a new arena gets built by Belmont race track in Elmont.

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Nov. 1-2, 2018 – Florida Panthers vs. Winnipeg Jets

In the second set of Global Games, Patrik Laine and Aleksander Barkov head home to Finland as the Jets meet the Panthers in Helsinki.

Jan. 1, 2019 – Chicago Blackhawks vs. Boston Bruins

Hey, what do you know? An outdoor game featuring the Blackhawks. After taking a year off, the Blackhawks are back outside for the Winter Classic and will take on the Bruins at Notre Dame Stadium. There will be plenty of shots of Touchdown Jesus and lots and lots of stories of Vinnie Hinostroza’s time in South Bend.

Jan. 18, 2019 – New York Islanders at Washington Capitals

Trotz returns to D.C. where he’ll get some very, very long ovations from the crowd and enjoy a tribute video ending with him raising the Stanley Cup.

Jan. 25-26, 2019 – All-Star Weekend, San Jose

A bit of a change this year as the Skills Competition has been moved to Friday night of All-Star Weekend and the 3-on-3 divisional tournament taking place on Saturday.

Feb. 23, 2019 – Pittsburgh Penguins vs. Philadelphia Flyers

The home-and-home Battle of Pennsylvania outdoor series concludes this February when the Penguins visit the Flyers at Lincoln Financial Field for a Stadium Series game. The Penguins were 4-2 victors when the two met in 2017 at Heinz Field. Hopefully the jersey choices are a little better than what they wore in their previous meeting.

April 6, 2019 – Super Saturday

The final day of the 2018-19 regular season will see 30 teams in action, with hopefully some playoff seeds and spots still up for grabs before we get to the postseason.

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Sean Leahy is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @Sean_Leahy.

NHL salary cap ceiling set at $79.5M for 2018-19 season

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As expected, the NHL and NHLPA announced on Thursday that the salary cap ceiling for the 2018-19 season will increase to $79.5 million. That’s a $4.5 million increase from this past season.

Going back to December, the NHL’s revenues told them that the ceiling would rise by at least $3 million.

“The league has never been healthier,” said Commissioner Gary Bettman said at December’s Board of Governors meeting. “The game has never been healthier. Our franchises have never been healthier.”

Important news for teams like Ottawa and Arizona, the salary cap floor for next season will be $58.8 million, which means it’s time to prepare those Marian Hossa trade proposals!

The ceiling increase is also good news for those teams that regular spend to the limit. Now they have some more breathing room to either bring back some unrestricted or restricted free agents they want to sign or allow them to add a bit more salary under their cap if they want to go shopping this summer.

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Sean Leahy is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @Sean_Leahy.

A talk with Lou Lamoriello excited Barry Trotz about joining Islanders

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Barry Trotz wasn’t divulging details — such is the life of working for Lou Lamoriello. But the New York Islanders head coach did say he’d already spoken with captain John Tavares within hours of officially being hired.

We’re still to reach a resolution on that front, and as far as Trotz’s resignation after leading the Washington Capitals to the Stanley Cup two weeks ago, he said it was out of “principle.” The Cup victory meant a clause in his contract activated giving him a two-year extension and a $300,000 raise. He wanted a longer term and a richer deal, but the Capitals weren’t willing to go down that route.

[Islanders hire Barry Trotz as head coach]

“When it came to the business aspect, I was willing to listen,” Trotz said during a conference call with reporters on Thursday. “From my standpoint, I felt that it wasn’t really sincere what we did together. I decided it was better to just move on.”

Not long after he parted with the Capitals, Trotz’s agent got a call from Lamoriello expressing interest. Trotz flew in and met with the Islanders president and GM earlier this week and talked about a vision for the team. That’s when the head coach got excited about coming on board.

“If you know anything about Lou Lamoriello and his background and what he does, he’ll do what it takes to win,” Trotz said. “That got me excited right away.”

As for a staff, Trotz said Lane Lambert, his longtime assistant in Nashville and Washington, would be his “No. 1 choice” if he chooses to come to New York. Goaltending coach Mitch Korn could also be in the mix to follow Trotz.

With two straight seasons of playoffless hockey, Trotz understands that there’s work to do with the team, even beyond what happens with Tavares. But having coached against the Islanders for years, he knows there are some good pieces on the roster that could help in a turnaround.

“If we can get our structure right and we get our pace right, we’ll be able to score, we’ll be able to defend much better and we’re going to fix up some holes,” he said.

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Sean Leahy is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @Sean_Leahy.

Senators GM on Hoffman trade: ‘Our dressing room was broken’

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Ottawa Senators general manager Pierre Dorion met with the media on Thursday afternoon ahead of the 2018 NHL draft, and while he refused to comment on the team’s plans regarding superstar defenseman Erik Karlsson and other players on the roster, he did speak extensively about the recent decision to trade veteran forward Mike Hoffman.

Earlier this week the Senators traded Hoffman, one of the team’s top forwards, to the San Jose Sharks in return for a package of players and picks that included veteran forward Mikkel Boedker.

The trade came less than a week after it was revealed that Hoffman’s fiance, Monika Caryk, was accused of harassing Melinda Karlsson.

[Related: Senators trade Hoffman for underwhelming return]

The first question Dorion faced was a blunt one: Why did you trade Mike Hoffman?

“Trading Mike Hoffman was something we needed to do,” said Dorion (via Sportsnet).

“We talk about — our dressing room was broken,” he continued. “We have to have a dressing room that wants to win together. Key components for us moving forward are, character, leadership, accountability, and we’re very happy with the return we got on Mike Hoffman. We feel Mikkel Boedker is a good player, he had a great second half, he was San Jose’s fifth leading scorer in their two rounds in the playoffs. We know with the culture that we’re aiming to get that he is going ot fit in that dressing room. I did talk to one player, not about his hockey abilities but about him as a person, that played with him, Matt Duchene, and Matt’s words to us were that he’s a great guy, he’s perfect for our room, and the culture we’re trying to build.”

Boedker has two years remaining on his current contract that pays him $4 million per season. He is coming off of a 2017-18 season that saw him score 15 goals and 37 total points for the Sharks.

Shortly after acquiring Hoffman from the Senators, San Jose turned around and flipped him to the Florida Panthers for a collection of draft picks.

Dorion was then asked when he first found out about the harassment that the Karlsson’s were subjected to following the death of their son.

“We heard a rumor at the end of the season,” said Dorion. “If we acted on every rumor we hear, we couldn’t do our job in management as a general manager. No player ever came to us about these things. At the start of every year we address the team. We address the team saying the general manager, our management group, we have an open door policy about anything personal or professional. The only thing we tell our players is don’t come see us about ice time. That is the coaches job.”

He continued: “I think when we address the players this year at the start of the year we are going to make sure in situations like this, they can definitely come to us. I think it’s important. I think in all of this the victim is Melinda Karlsson. If we can do something about it, we wish that this situation could have been prevented.”

This was just one of the many issues the Senators are facing this offseason.

The other serious one involves assistant general manager Randy Lee who is currently suspended indefinitely as he faces second-degree harassment charges for an incident involving a hotel shuttle bus driver in Buffalo during the NHL scouting combine.

Dorion said on Thursday that Lee’s situation will be re-evaluated following the court proceedings.

His next court date is set for July 6.

Along with all of this, it remains to be seen if Karlsson will be back with the Senators next season or if he will be traded (a trade they will have a difficult time winning) as he prepares to enter the final year of his contract.

The Senators also have a big decision to make regarding the No. 4 overall pick and whether or not they keep it (Dorion seems to anticipate they will) or send it to the Colorado Avalanche to complete the Matt Duchene trade (why they should consider it).

Adam Gretz is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @AGretz.