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Words Many Of Us Hate- Lockout, Strike

from Eric Macramalla at Forbes,

Can the NHL lock out the players?


Article 7.1(b) expressly provides that the NHL cannot lock out the players during the term of the collective bargaining agreement. Here’s the actual wording in the CBA: “Neither the League nor any Club shall engage in a lockout during the term of this Agreement.”

Can the players strike?


Article 7.1(a) of the CBA provides that the players cannot “engage in any strike” or “work stoppage” during the term of the CBA.

The CBA sets out the terms and conditions that govern the employment relationship between the league and its players. Once the sides agree to a CBA, they can’t then backtrack on that agreement. Here, the NHL and the NHLPA extended the CBA in July, and as result, neither side can engage in a work stoppage.

So that’s it then—there will be no work stoppage!

Well, there’s a wrinkle. The player contract (called the Standard Player Contract, or SPC for short) provides that the league may suspend the season based upon “conditions arising from a state of war or other cause beyond the control of the League.”

The phrase “cause beyond the control of the League” is key here.


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d ca's avatar

Pandemic—act of God clause—-can void pretty much any contract.

I doubt any court (US or Canadian) will mandate enforcement when they are/have been closed for all but emergency usage.

Posted by d ca on 12/02/20 at 03:28 PM ET


It would be hard to claim Act of God for the contract signed during the pandemic, after playing the end of the season during the same pandemic and when all other major leagues are playing more or less normally.

Posted by Davor on 12/03/20 at 06:04 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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