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Two Options- Negotiate Or Disclaimer of Interest

from Elliotte Friedman of CBC,

By 11:59 pm (ET) Wednesday night, we're going to know if the players think a deal is getting done.

That is the deadline for the NHLPA to file its Disclaimer of Interest in court. And, if the union sees an end to this gong show, the chances decrease, significantly, that the filing gets made. If things devolve into a Fugitive-style train wreck, well, the lawyers get even busier.

Tweeters have asked several questions about this process. Here are some answers:

  • The document does not need to be filed by 5 pm because it can be done online
  • Even if the NHLPA allows this deadline to pass, its members can always vote again to allow the executive committee to use this process. But this mandate ends at the stroke of midnight Wednesday.


Filed in: NHL Talk, NHLPA, | KK Hockey | Permalink


J.J. from Kansas's avatar

Since all that would be accomplished by not filing a disclaimer of interest by midnight is that the NHLPA would have to take another vote in order to do so at a later date, I’m wondering more about what the New York court in which the NHL filed their lawsuit would think.

On one hand, voting to allow the executive committee to disclaim interest and then not following through on that action does certainly make it look like it was merely a threat intended to drive CBA negotiations.

However, the NHLPA can argue that they never directly made a threat and that it was a serious consideration they were making which the league blew out of proportion; furthering that, the good faith negotiating they’ve engaged in since that vote is a clear indicator of the PA’s intent to collectively bargain while they explore whether the process actually works for the players anymore.

If the court is as pro-owner as the legal experts say it is, I’m thinking they’ll probably look at it as more of the former than the latter.

Posted by J.J. from Kansas on 01/02/13 at 10:01 AM ET

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Paul Kukla founded Kukla’s Korner in 2005 and the site has since become the must-read site on the ‘net for all the latest happenings around the NHL.

From breaking news to in-depth stories around the league, KK Hockey is updated with fresh stories all day long and will bring you the latest news as quickly as possible.

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