Tag:

Decertification

7:15PM: Dandenault adds "I still believe their will be season...just very tough negociation..."

6:50PM: Mathieu Dandenault sent out a tweet saying "The nhl and nhlpa talks r dead for now...look for the players to disclaim."

Larry Brooks tweets "Belief within PA that Bettman/Batterman pulled bait and switch after initial disclaimer deadline passed."

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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4:41PM: The vote will re-start tonight according to Renaud Lavoie of RDS

1:23PM: Darren Dreger says that the vote will happen with-in 48 hours

1:07PM: Nick Kypreos writes that the NHLPA may re-vote today to provide their executive board with the authority to disclaim interest.

Tags: Decertification, Adam Rotter
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The NHLPA has not filed a disclaimer of interest according to Darren Dreger and Renaud Lavoie.

The deadline, which was created and impose by the NHLPA, was 11:59PM last night.

Bruce Garrioch tweets "If the union does take a second vote on disclaimer it won't just be for show. They will go ahead. "

Tags: Decertification, Adam Rotter
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In an article written at CBC, Elliotte Friedman writes that we will have a very big indication on how the talks between the NHL and NHLPA are progressing as today is the deadline for the players to disclaim interest and dissolve their union.

He notes that if the players see the talks going in the right direction they are less likely to disclaim but if talks aren't where the players want them to be but "if things devolve into a fugutive-style train wreck" the players will disclaim and the battle will leave the boardroom and head to the court room.

Darren Dreger just tweeted "To disclaim or not to disclaim...that is the question.? PA exec board expected to have conf call today to decide."

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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At TSN, Eric Macramalla writes that if the NHLPA files a disclaimer of interest it needs to be done in good faith and not just as a play to get leverage in the CBA talks.

He writes "you need to look at the surrounding circumstances, including the conduct of the parties after dissolution, to determine if the union has really stopped representing the players. As was said in a case back in 1958, a disclaimer of interest is conducted in bad faith when it's "obviously employed only as a measure of momentary expedience, or strategy in bargaining."

The NHL, he says, is arguing that the NHLPA is just looking for leverage and once they get it they will re-group as a union and that the NHLPA execs will still be calling the shots.

Tags: Decertification, Adam Rotter
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7:57PM: Chris Botta tweets "It's hard to believe, and so sad, that the NHL is doing this to itself and its fans. No soul."

7:38PM: Darren Dreger tweets "Vote providing PA authorization to file Disclaimer is one thing...filing the letter is another. The season is literally days from over."

6:56PM Pierre LeBrun says that 706 players voted in favor of the disclaimer with only 22 voting against it.

Tags: Decertification, Adam Rotter
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In the NY Post, Larry Brooks writes of the NHL's move on Friday to attempt to keep Donald Fehr representing the players and in the boardroom.

Brooks writes, "Stop and think for a moment. Here is the league that just over a week ago was doing everything in its power to keep Don Fehr out of the bargaining process, and is now going to court to ensure he continues to represent the players in the bargaining process."

He adds, "for weeks now, the NHL has sent its messengers to deliver the message the NHLPA is not truly united behind Fehr and union leadership; that the players, left to their own decision-making process, would rush to accept whatever the league at the time had on the table."

Tags: Decertification, Adam Rotter
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https://twitter.com/aaronward_nhl/status/279648571249287168

Ward adds in a follow up tweet "No indication as to IF/WHEN vote even occurs.This is simply AUTHORIZATION. No more,no less. "

More on decertification and disclaimer of interest, HERE.

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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1:06PM: On twitter, Kypreos says "Not reporting a disclaimer of interest is coming. Just my opinion with #NHL showing lack of interest in closing a CBA deal"

12:56PM: On Hockey Central at Noon, on Sportsnet 590, Nick Kypreos says that the sense he is getting is that the players are going to take the first steps towards decertifying by filing a disclaimer of interest against the owners in the coming days.

Kypreos says that the NHL showed no reason over the weekend to think that they will negotiate.

Tags: Decertification, Adam Rotter
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At ESPN Insider, Craig Custance looks at who could be winners and who could be losers if the NHLPA files for decertification.

He notes that big market teams could be big winners since nothing would stop them from spending and hoarding the best players.

Players like Sidney Crosby and Steven Stamkos, among others, could sue to become free agents and it's possible that based on court rulings, everyone could become a free agent.

Tags: Decertification, Adam Rotter
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http://twitter.com/FriedgeHNIC/status/274268634845696001

Friedman wrote today "Barring a breakthrough in mediation, it's expected the NHLPA will begin moving in that direction very shortly. It can take effect immediately. It's what the NBA did days before reaching a settlement last November."

On the NBA disclaiming interest last year, Larry Coon wrote at ESPN.com that the NBAPA removed itself as the bargaining unit for the players and converted itself into a trade association.

Tags: Decertification, Mediation, x2012-13 Lockout, Adam Rotter
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At ESPN.com, Lester Munson writes that mediation is the logical and reasonable way to end the lockout.

In the Globe and Mail, James Mirtle writes about how mediation was used during the NBA and NFL lockouts last year but didn't produce any results.

He spoke with people who were involved in the mediation talks for those two leagues and who said that nothing could be accomplished because of how entrenched both sides were in their beliefs.

Tags: Decertification, Mediation, Adam Rotter
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https://twitter.com/EricOnSportsLaw/status/272375060126392321

https://twitter.com/EricOnSportsLaw/status/272375470593556480

The NHL is using the same law firm that the NBA did during their lockout last year.

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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At Sportsnet, Michael Grange spoke with prominent NBA agent Bill Duffy who said that he has no doubt that the NHLPA should decertify.

He said that they should have done it three months ago and that it's the only way the players can get some power back ??It?s the only recourse the players have; otherwise the owners have an unfair advantage. The players should do it.?

Damien Cox sent out two tweets about decertification, saying:

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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Both Bill Daly and Steve Fehr joined Sportsnet's Hockey Central program today to talk about a whole host of topics.

Nick Cotsonika, Bruce Garrioch and Chris Botta were all sending out reports from what the Daly and Fehr were saying.

Daly:

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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At Sportsnet, Nick Kypreos writes about the next step that the players can take in the CBA talks.

He says that Don Fehr needs to have a Plan B or history will just repeat itself for the players once again, "?So for the sake of his 750 hockey players, please tell me he didn't come all this way without a plan B. Please tell me the players didn't fire Paul Kelly and hire Fehr just so they can still hand over to the owners $1 billion in cash, concede every conceivable contract right, and then watch their chosen leader fade off into the sunset. If this is the case, they certainly could have saved a ton of money and just kept Ted Saskin."

On decertification, Kypreos says that doing that would be the nuclear option and be a stark difference from how Bob Goodenow managed the 2004-05 lockout. The union would be dissolved and long with it would the salary cap, linkage to HRR, escrow, salary arbitration and a rookie salary cap. He notes that it could also lead to some owners saying that contracts could be voided and lead to players signing with teams for the highest amount, or as Kypreos notes the Penguins maybe losing Sidney Crosby to a team like the Rangers.

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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In a couple of tweets last night, Darren Dreger said that if the NHLPA decertifies it will effectively end any chance of their being a season this year. Dreger said that it is still early in the process for that to happen and that no one he has spoken with thinks it is a legit play for the players.

Bob McKenzie writes at TSN that players seemed okay with decertification for the first time on Wednesday's conference call and says that Don Fehr may have the green light to go down that road.

51% of the players need to vote in favor of decertification for it to pass.

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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In the LA Times, Helene Elliotte writes that after the NHL rejected the NHLPA proposal yesterday, the NHLPA is considering decertifying as a union and filing anti-trust lawsuits against the league.

She writes "Individual players could invoke antitrust laws and ask a federal court to end the lockout or sue the league for unfair business practices that are otherwise protected by a union-league relationship."

This is a tactic that was used by the NBAPA and NFLPA during their lockouts in 2011.

Tags: Decertification, x2012-13 Lockout, Adam Rotter
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