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?

Full Schedule: 2018 Stanley Cup Final

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The 2018 Stanley Cup Final matchup is set and it will be the Washington Capitals against the Vegas Golden Knights.

So many different storylines to consider. George McPhee vs. his old team. Alex Ovechkin going for his first ever Cup ring. Former Penguin Marc-Andre Fleury against the Capitals. And the obvious one with the Golden Knights and their inaugural season success. It should be a fun one.

Here’s the full schedule:

Game 1 Monday, May 28 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 2 Wednesday, May 30 – Capitals at Golden Knights, 8 p.m. ET (NBCSN)
Game 3 Saturday, June 2 – Golden Knights at Capitals, 8 p.m. ET (NBCSN)
Game 4 Monday, June 4 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 5* Thursday, June 7 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 6* Sunday, June 10 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 7* Wednesday, June 13 – Capitals at Golden Knights, 8 p.m. ET (NBC)
* = If necessary

MORE:
NBC’s Stanley Cup Playoff Hub

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

Ovechkin, Capitals headed to Stanley Cup Final after Game 7 triumph

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Alex Ovechkin will get his chance.

The Great 8 will contest for the Stanley Cup after his Washington Capitals defeated their past demons and the Tampa Bay Lightning 4-0 in Game 7 of the Eastern Conference Final on Wednesday.

Yes, the Capitals — a team that had to overcome a horrific playoff record against the Pittsburgh Penguins in the second round and then had to deal the disappointment of beginning the Conference Final with wins in Games 1 and 2 only to drop three straight to trail 3-2.

They took care of business in Game 6, and that train kept chugging along into Game 7.

Ovi put his stamp on Game 7 just 62 seconds in as he wired a one-timer past Andrei Vasilevskiy.

The first period was a wild affair, filled with scuffles, a fight and stolen jersey.

And then Andre Burakovsky arrived.

Burakovsky missed the first 12 games of the plays because of injury and then followed that up with seven games without a point.

He revealed earlier in the series that he lays a mental beating on himself too often. So Game 7 must have felt pretty good.

Burakovsky scored on two separate breakaways in the second period.

The first came off a brutal giveaway from Dan Girardi in his own zone. His second came after the Lightning got caught on a bad change.

Tampa looked like a shell of their former selves. They dusted themselves off after dropping the first two at home, but simply stopped scoring after the 33-second mark in the second period of Game 5.

[PHT’s Three Stars]

Braden Holtby showed up at precisely the right moment in the series, posting consecutive shutouts to close out the series.

Steven Stamkos and Nikita Kucherov, meanwhile, were far from brilliant. No one over the last seven periods and change was on the Lightning.

The Lightning went 159:33 without scoring. Ouch.

You can’t win games when you don’t score, something the Lightning will have all summer to ponder. They led the NHL with 296 goals this season, all of which means sweet nothing now.

And now the attention turns to one of the more intriguing Cup Finals in a long time.

One of the greatest players of all-time with a chance to win his first Cup silence his critics after years of disappointment against the best story in sports, period.

Game 1 of the Stanley Cup Final begins Monday, May 28 at 8 p.m. ET on NBCSN.

In the words of Bart Scott, “Can’t wait.”

MORE:
NHL Playoffs 2018: Stanley Cup Final TV Schedule

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

PHT’s Three Stars: Burakovsky’s goals push Capitals into Stanley Cup Final

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1st Star: Andre Burakovsky, Washington Capitals

After being benched earlier in the series, Burakovsky responded in a big way in Game 7 scoring twice as the Capitals moved on to the Stanley Cup Final with a 4-0 win over the Tampa Bay Lightning.

2nd Star: Braden Holtby, Washington Capitals

Holtby finished the Eastern Conference Final in a strong way, posting a second straight shutout while making 29 saves. The Capitals netminder has not allowed a goal since 33 seconds into the second period of Game 5.

3rd Star: Alex Ovechkin, Washington Capitals

The captain only needed 62 seconds to open the scoring and quiet the AMALIE Arena crowd.

[Ovechkin, Capitals headed to Stanley Cup Final after Game 7 triumph]

Highlight of the Night:

A wild first period included a tilt between Tom Wilson and Braydon Coburn:

Factoid of the Night:

Stanley Cup Final schedule
Game 1 Monday, May 28 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 2 Wednesday, May 30 – Capitals at Golden Knights, 8 p.m. ET (NBCSN)
Game 3 Saturday, June 2 – Golden Knights at Capitals, 8 p.m. ET (NBCSN)
Game 4 Monday, June 4 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 5* Thursday, June 7 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 6* Sunday, June 10 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 7* Wednesday, June 13 – Capitals at Golden Knights, 8 p.m. ET (NBC)
* = If necessary

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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.

Brooks Orpik leaves Game 7 after Paquette’s hit from behind

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While the Washington Capitals built up a lead in Game 7 against the Tampa Bay Lightning Wednesday, they lost two players before the end of the second period.

First, Devante Smith-Pelly blocked a Ryan McDonagh shot with the back of his neck in the first period. After returning to the game, he would leave the Capitals’ bench late in the second period.

Joining him would be Orpik, who took a big hit from behind along the boards from Lightning forward Cedric Paquette. As Orpik was being tended to, the officials got together and determined that there would no penalty on the play, which is an odd decision.

As Orpik goes to get the puck in the corner, he does peek over his shoulder and sees Paquette a ways away, but he doesn’t change his body position as Paquette drills him. He’s probably not expecting to get hit even with the Lightning forward in the area. That would have easily been at least a major, maybe even a game misconduct (Remember Steve Bernier?).

The Capitals would respond to the hit two minutes later. On the scoreboard. Andre Burakovsky potted his second goal of the night to give Washington a commanding 3-0 lead heading into the third period.

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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.