from Elliotte Friedman of CBC,
The basic knowledge you need is that, in the United States (where any process would begin) all employees have the right to either labour law or anti-trust law. By having a union negotiate a collective bargaining agreement for them, the NHL players chose labour law. Decertifying the NHLPA would allow them to switch.
Easy first question: Why would it benefit players?
"The benefit is that it may give players additional leverage in negotiations," Feldman said. "By dissolving the union, the players will have chosen anti-trust law over labour law. They can file an anti-trust lawsuit claiming the lockout as an 'illegal group boycott.'
"With the union in place, the owners had the right under labour law to lock them out. Once the union is dissolved, that lockout becomes a group boycott... a decision made by each owner to not hire players and not to pay them."
Create an Account
In order to leave a comment, please create an account.