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?

Oilers shuffle more deck chairs, waive Spooner and Rattie

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Following a dreadful weekend that saw them lose consecutive blowouts to Calgary and Carolina (getting scored by a 12-6 margin), the Edmonton Oilers made a few more changes to their roster on Monday by placing forwards Ryan Spooner and Ty Rattie on waivers.

The noteworthy name here, of course, is Ryan Spooner because of what he represents. What he represents is the type of roster management that has resulted in the Oilers wasting the first four years of a generational talent in Connor McDavid.

Follow along for a minute just to recall how we got here:

  • The Oilers just acquired Spooner a couple of months ago from the New York Rangers in exchange for Ryan Strome.
  • That trade came just one year after they acquired Strome in a one-for-one deal with the New York Islanders for Jordan Eberle.
  • That means in less than a year-and-a-half the Oilers managed to turn a consistent 20-goal, 50-point winger in Eberle into a player they are placing on waivers. The only natural winger on the Oilers roster this season that is on track to even come close to that sort of production is Alex Chiasson. That is … not good.

Let us not forget how that sequence of trades started just one year after Taylor Hall was traded to New Jersey straight up for Adam Larsson.

Spooner still carries a $4 million salary cap hit through the end of next season.

Rattie spent the 2017-18 season split between Edmonton and the AHL and has appeared in 29 games with the big club this season, scoring two goals to go with six assists. He was a preseason standout this year with five goals and three assists while mostly playing on a line with McDavid. That success never translated over to the regular season.

Whether or not the Oilers make any other moves to accompany these waiver transactions this still has the look of an organization that doesn’t really have any kind of a set plan in place and is just making it up as it goes along.

Related: Oilers add two defenders, including McDavid nemesis Manning

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.

 

Hurricanes sign Teravainen to a five-year, $27 million extension

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The Carolina Hurricanes don’t have many forwards under contract next season, but they managed to secure one more on Monday, as they signed Teuvo Teravainen to a five-year, $27 million contract extension ($5.4 million AAV).

The 24-year-old is currently second on the team in points, with 39. He also finished second on the team in scoring last year, when he amassed 64 points in 82 games.

“Teuvo has improved every year of his NHL career and has established himself as a cornerstone forward for the Hurricanes now and into the future,” president and general manager Don Waddell said in a release. “He has shown that he is capable of adapting and expanding his role with our team, becoming a key penalty killer for Rod this season. He’s still just 24 years old and we believe he will only continue to grow as a player.”

Teravainen was set to become a restricted free agent at the end of the season.

This signing is a no-brainer for the Hurricanes, especially because Teravainen has been productive and they’re lacking it the scoring department. He’s improved his point production in each of the last three seasons and he’s on pace to surpass last year’s point total, too.

The ‘Canes now have Teravainen, Nino Niederreiter, Andrei Svechnikov, Warren Foegele and Lucas Wallmark as forwards under contract next season.

Carolina will now turn their attention to Micheal Ferland, who is eligible to become an unrestricted free agent on July 1st. Ferland is reportedly looking for a long-term deal that would pay him $6 million per season. Even though he hasn’t been as productive as Teravainen, Ferland has more leverage because he’s eligible to hit the open market.

Joey Alfieri is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @joeyalfieri.

NHL on NBCSN: Blues look to keep rolling against lowly Kings

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NBCSN’s coverage of the 2018-19 NHL season continues with Monday’s matchup between theSt. Louis Blues and Los Angeles Kings. Coverage begins at 3 p.m. ET on NBCSN. You can watch the game online and on the NBC Sports app by clicking here.

It wasn’t too long ago that the Blues’ season appeared to be over. They weren’t scoring much, they couldn’t get a save and the losses just kept piling up. But since the start of January, they’ve managed to get their season back on the rails. Things started to change for the Blues when they inserted rookie goalie Jordan Binnington into their lineup.

Binnington has allowed two goals or fewer in each of his five decisions. He gave up two goals on 30 shots in Saturday’s victory over the Ottawa Senators. Even though the 25-year-old’s been rolling, it sounds like interim head coach Craig Berube will continue to use Binnington and veteran Jake Allen.

“I’m going to use both of them right now. I truly believe that’s the way to go,” Berube said. “Then we’ve got the break coming up and it gets really busy again, so we’ll need both of them ready.”

Since the start of the new year, the Blues have gone 6-3-1. This recent surge has allowed St. Louis to pull within five points of the final playoff spot in the Western Conference.

David Perron, who missed Saturday’s game against Ottawa, has been red-hot of late. Before getting hurt, Perron picked up at least one point in 13 consecutive games. The 30-year-old has 17 goals and 35 points in 45 contests.

[WATCH LIVE – COVERAGE BEGINS AT 3 P.M. ET – NBCSN]

Another player that’s turned his season around, is Vladimir Tarasenko. The 27-year-old is having a down year, but he’s been relatively productive over the last nine games, as he’s picked up eight points during that stretch.

As for the Kings, they’re currently in last place in the NHL standings. Los Angeles is coming off an embarrassing 7-1 loss to the Colorado Avalanche.

“It was just a pathetic second period,” defenseman Drew Doughty said after the loss. “I really don’t even know what to say. Yeah, they played well but we just played poor. And we left our goalies out to dry again. And we’re sick of doing that. When we win games, we leave them out to dry. When we lose games, we leave them out to dry. It’s about time we play for them.”

The Kings have picked up just 42 points in 49 games this season. Since the start of the month, the Kings have gone 1-3-1 on the road, but they’re 2-2-0 at home. Even though they’re in the basement of the West, they’re still “only” 10 points back of the final Wild Card spot. By comparison, the Detroit Red Wings, who are last in the East, are 15 points back of the final Wild Card spot in their conference.

But let’s be honest, there’s no way the Kings can overcome a 10-point deficit. On top of being 10 points out, they’d have to leap over seven teams to make the postseason. That’s not happening.

You have to think that they have a full rebuild coming in their future.

Joey Alfieri is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @joeyalfieri.

PHT Morning Skate: Ideal Stanley Cup matchups; trade deadline preview

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Welcome to the PHT Morning Skate, a collection of links from around the hockey world. Have a link you want to submit? Email us at phtblog@nbcsports.com.

Dougie Hamilton has heard all the stories about why he was traded by the Calgary Flames, but he’s not letting that get to him. (Calgary Sun)

• A special needs hockey team got to play their first game at Gila River Arena in Arizona last week. (Fox10Phoenix.com)

• The NHL has gotten faster over the last few years, so players are turning to weight loss and nutrition to succeed. (NHL.com)

• The Hockey News breaks down 10 Stanley Cup matchups that they’d like to see this spring. (The Hockey News)

• Jets goalie Connor Hellebuyck has proved so many people wrong on his journey to the NHL. He’s become one of the best goalies in the league. (Sportsnet)

• The Columbus Blue Jackets are a fun team to watch. (The Cannon)

• What’s an empty-calorie scorer? Raw Charge explains and identifies which scorers don’t really help their teams win all that much. (Raw Charge)

• ESPN previews what each of the 31 teams might do at next month’s trade deadline. (ESPN)

Braydon Coburn got to meet NASCAR driver Aric Almirola. (Tampa Times)

• What does Colin Miller‘s return to the Vegas lineup mean for the team? (SinBin.Vegas)

• A lot of the high-profile teams in the NHL haven’t been very good this season. (USA Today)

Joey Alfieri is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @joeyalfieri.