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?

You can probably add Craig Anderson’s name to the available goalie market

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After jettisoning Mike Hoffman earlier this week the Ottawa Senators may have a few more significant trades coming their way this offseason.

The big names at the top of that list include defenseman Erik Karlsson and forward Zack Smith.

Another name that could be on the way out of town: Starting goalie Craig Anderson, a potential move that only adds to a suddenly increasing goalie market.

Earlier on Friday there were multiple reports that the Senators were working with Anderson to facilitate a trade. TSN’s Frank Seravalli reported the team was working with Anderson’s agent to find the veteran goalie a new home, while The Athletic’s Chris Stevenson reported that Anderson had expressed a desire to move on. Meanwhile, Anderson’s agent told Bruce Garrioch of the Ottawa Sun that “Ottawa has never asked for me help. They’re going to do whatever they can to improve their team. If that means they’ll trade Craig Anderson, they’ll trade Craig Anderson.”

So there is all of that.

While the unrestricted free agent market for potential starting goalies looked thin at the start of the season the goalie market has improved quite a bit over the past few days.

First, it seems quite likely that the Washington Capitals are going to trade Philipp Grubauer as he attempts to get out of Braden Holtby‘s shadow and become a starter. The Capitals are expecting to get a late first or early second round draft pick. He might be the most intriguing option available given his age and the fact he has played exceptionally well when given an opportunity with the Capitals.

Robin Lehner is also going to be available after the Buffalo Sabres confirmed that they will not be giving him a restricted free agent qualifying offer, allowing him to become an unrestricted free agent. Lehner is coming off of a down year for the Sabres in 2017-18 but was one of the few bright spots for the team in 2015-16 and 2016-17 with a .922 save percentage in 80 appearances. He turns 27 later this summer and would not cost any assets to acquire in a trade.

[Related: Time for the Sabres to upgrade in goal]

And then there is Anderson. For most of his career Anderson has been one of the more productive starting goalies in the league and has pretty consistently posted strong numbers. But like most of the Senators he is coming off of a brutal 2017-18 performance and will be 37 years old at the start of the season, making him the third oldest goalie in the league behind only Henrik Lundqvist and Ryan Miller. He also is signed for two more years at more than $4 million per season. Along with the assets a team would have to give up in a trade (probably not a lot) that is a big price to commit to a goalie that has probably already played his best hockey.

Still, there are some options. And there are a lot of teams that will be in the market for a goalie — probably more than we are used to seeing at this time of year.

The New York Islanders should be desperate to fix their goalie situation and have a connection to Grubauer with Trotz taking over as their new head coach.

The Sabres, by letting Lehner hit the open market, will also be in need of a new starter unless they really trust Linus Ullmark, which doesn’t seem likely.

The Senators, assuming they trade Anderson, would also need a new goaltender and you can’t count out the Philadelphia Flyers, Carolina Hurricanes, or Detroit Red Wings. The Chicago Blackhawks could also be in play for one of these guys if Corey Crawford — a player we still have no official update on —  isn’t ready to return for the start of the season.

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.

Rasmus Dahlin addition can be a franchise changer for Sabres

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DALLAS — The moment NHL Deputy Commissioner Bill Daly flipped over the card to reveal the Buffalo Sabres logo, it was a done deal where Rasmus Dahlin would begin his professional hockey career.

But maybe out of superstition or not wanting to get ahead of things, the 18-year-old Dahlin isn’t assuming that the Sabres will call his name Friday night at American Airlines Center in Dallas during the NHL Draft (7:30 p.m. ET; NBCSN). He’s still in a wait-and-see mode until it’s time to announce the first overall selection.

“It feels crazy to me, actually,” Dahlin said on Thursday. “I can’t believe it. Sometime in the future I’ll be able to stop and think, ‘What am I going through?’ and all that kind of stuff. I’m just trying to enjoy this time as much as I can.”

For the past year, the YouTube videos and GIFs of Dahlin’s smooth skating and elite hockey skills have been on display for the world. His talents quickly had fans of downtrodden teams adopting the “Falling for Dahlin” mindset, hoping they could somehow manage to add this generational player to their roster.

The Sabres were the lucky ones to win the lottery and are hoping Dahlin’s presence is another building block — to go along with Jack Eichel and Casey Mittelstadt — that will lead to a turnaround of the franchise’s fortunes. It may take some time before that happens, but watching the Trollhättan, Sweden native sure sounds like it’s going to be fun.

“Between his puck skills and his skating speed and agility, he cuts through opposing defenses when he carries the puck up the ice like they were not even there,” writes McKeen’s Hockey in their NHL draft issue. “Once he has gained the zone, he can and will generate magic with almost every touch. He needs only the tiniest of gaps in coverage and he can skate deep into the zone or hit a teammate with a killer pass.”

“Impressive agility makes him a good one-on-one defender. He has fine passing ability, and although not a big-time bomber, he has an accurate shot from the point,” according to Erik Piri of Elite Prospects. “Not one to shy away from the physical game, Dahlin is an accomplished open-ice hitter.”

Just watch.

“You watch him on the ice and you’re very impressed with his hockey sense, his speed, his puck skills,” said Sabres general manager Jason Botterill. “But a very humble man off the ice. I was very impressed with his self-assessment and what he has to improve on and just the focus he has.”

After two years with Frolunda in the Swedish Hockey League, Dahlin’s jump to the NHL next fall will require some improvements, even as his flashy YouTube highlight reels garner thousands of views. He said that this past year he felt more comfortable playing at a higher level and that his defensive zone coverage was better..

“I have to get better in my overall game. To play in a higher level you have to be stronger also. Pretty much everything. I’m excited,” he said.

Dahlin has already gotten to know Buffalo as a city a little bit having spent time up there earlier this month for the NHL Draft Combine. He sees many similarities with his hometown of Trollhättan, which should make the move even more comfortable.

Once he arrives in Buffalo, the expectations that he can help a franchise turnaround will increase. The city is a hockey-mad market eagerly awaiting the day they get to watch a winning team on a regular basis again. But despite that incoming pressure, Dahlin won’t allow it to affect him.

“You can’t think that way,” he said. “You just have to try and play your game and to be the best that you can.”

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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 draft action likely to begin with Montreal at No. 3

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DALLAS (AP) — The Montreal Canadiens could make the first real move in the NHL draft with the third overall pick.

If everything goes as expected in Big D on Friday night (7:30 p.m. ET; NBCSN, play-making Swedish defenseman Rasmus Dahlin will be the first overall pick by the Buffalo Sabres. Russian forward Andrei Svechnikov will then go to Carolina.

”Obviously Rasmus and Andrei deserve it, they’re unbelievable players,” American prospect Brady Tkachuk said Thursday. ”From the third (pick) on, it’s just whatever the team wants, so we’ll see what happens. But it’s going to be pretty exciting to be a part of.”

So the real draft action should begin when Montreal goes on the clock.

The Canadiens will have their choice of the other top prospects like right wing Filip Zadina, who’s playing in the Quebec league, and Tkachuk, the left wing from Boston University who is looking to follow father Keith and brother Mathew into the NHL. Maybe Finnish center Jesper Kotkaniemi.

Plenty of other top defensemen will also be on the board, including Adam Boqvist, Quintin Hughes, Noah Dobson and Evan Bouchard.

”The most important is going to be tomorrow when Montreal goes on the stage, and they will say my name or not,” Zadina said. ”I’m just glad I can be there in the top five, top six players. It’s unbelievable.”

Or maybe the Canadiens, who have 10 picks in the seven-round draft over two days, make a deal and let another team move into that slot.

Trevor Timmins, Montreal’s assistant general manager, expects GM Marc Bergevin’s to be ringing.

”We’re ready to go,” Timmins said Thursday. ”The list is never set in stone until we go head to the draft from the hotel here, but we’re confident of the prospects that we like … right from that third overall pick to the last pick we make on Saturday.”

Timmins said centers, offensive defensemen and scoring wingers have the highest asset value on the Canadiens draft board, and that all are needs in their organization.

Ottawa has the fourth pick, and No. 22, and team officials were going through scenarios again Thursday.

”It was one of the best meetings I’ve had with scouts in 20 years talking about what we plan on doing at (No.) 4, what possibilities are at 22, how these players will impact our organization moving forward,” Senators GM Pierre Dorion said. ”We’re just excited. We suffered this year. There’s no doubt we suffered as a team with the number of losses. But the one good thing is we know we’re getting a really good player here.”

Arizona, Detroit, Vancouver, Chicago, the New York Rangers and Edmonton hold the final picks in the top 10. The New York Islanders, who on Thursday hired Stanley Cup champion coach Barry Trotz, then have consecutive picks before the draft-hosting Dallas Stars select 13th.

The draft at the American Airlines Center comes 25 years after the former Minnesota North Stars moved to bring NHL hockey to Dallas.

Coyotes GM John Chayka said he has five players who would fit his team in the fifth spot.

”We understand that there’s a variety of outcomes that could exist and then we’re going to have a plan in place that accounts for any of the iterations of what could occur,” Chayka said. ”It’ll be an interesting draft. I’m sure there’ll be opportunities to move up and opportunities to move down and opportunities to stay and take the pick.”

While general managers and team officials did their final prep for the draft, several of the top prospects took part in other activities in the Dallas area.

The prospects first were at a youth hockey clinic with several players from the Dallas Stars. There was then a media availability at Reunion Tower, more than 500 feet above the ground. That vantage point overlooks the city and next to the open lot where once stood Reunion Arena, the home of the Stars when the won the Stanley Cup in 1999.

Dahlin said he wasn’t feeling nervous about the likelihood of having his name called first Friday night.

”I haven’t actually thought about it so much yet,” Dahlin said. ”It’s crazy to be here actually, I can’t believe it. … Sometime in the near future I will stop and think what I am going through. I’m just trying to enjoy this time as much as I can.”

AP Hockey Writer Stephen Whyno contributed to this report.

More AP NHL: https://apnews.com/tag/NHLhockey

Sharks are buying out final year of Paul Martin’s contract

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The San Jose Sharks are clearing more salary cap space for what could be a big summer.

On Friday the team announced that it is placing veteran defenseman Paul Martin on unconditional waivers for the purposes of buying out his contract.

The 36-year-old Martin was limited to just 14 games this past season. He was set to enter the final year of a four-year, $19.4 million contract that he signed in free agency prior to the start of the 2015-16 season. During his time with the Sharks he played a key role on their blue line — playing more than 20 minutes per night in his first two years with the team — and helped them reach the Stanley Cup Final in his first year with the team.

“Paul Martin has been the upmost professional on and off the ice during his three years in San Jose,” said general manager Doug Wilson in a statement released by the team. “His leadership, character and on-ice contributions have been essential to our success and in reaching the 2016 Stanley Cup Final. The impact he has had on our organization, his teammates and many of our younger players will be felt for many years to come.”

The big thing here for the Sharks is the salary cap savings for this season that a buyout brings.

According to the Sharks they will save more than $3 million against the salary cap this season.

That savings, combined with the recent trade of veteran forward Mikkel Boedker, has already trimmed more than $7 million in salary off of the team’s salary cap number for the 2018-19 season. That will leave them with more than $18 million in salary cap space under the new $79.5 million ceiling, making them players for just about any unrestricted free agent (or potential trade target) that they could want.

They already considered one of the top contenders to land Ilya Kovalchuk in his return from the KHL.

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.