How about a new league?

[Paisano*]

With all the doom and gloom being talked about, no hockey this year and maybe next etc. The talk of an impasse is said to be a massive undertaking since two countries legal systems would have to be a nightmare tying matters up in courts for who knows how long. What if, and I hope someone smarter than me can answer, they just folded the NHL and started a new league? Call it the National Hockey Association (NHA). All 30 former NHL franchises would be members. All franchises would retain rights to their former players they had under contract. It would be up to those players whether they wanted to play in the new league or not, but if they did they would have to play for the team that had theri rights unless they were traded or released. There would be no union, the NHA would make the rules and the players could take it or go elsewhere! Establish their $30 million cap, offer salaries larger than any league anywhere else but still mangeable for all teams. The Stanle Cup of course would be adopted the championship trophy since the NHL would no longer exist.

I suppose there are laws keeping companies or businesses from doing this but would this pertain to sports franchises? Sports leagues go belly up all the time and new ones pop up. What would be wrong in this case? Any lawyers out there?

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[Hemooli]

With all the doom and gloom being talked about, no hockey this year and maybe next etc. The talk of an impasse is said to be a massive undertaking since two countries legal systems would have to be a nightmare tying matters up in courts for who knows how long. What if, and I hope someone smarter than me can answer, they just folded the NHL and started a new league? Call it the National Hockey Association (NHA). All 30 former NHL franchises would be members. All franchises would retain rights to their former players they had under contract. It would be up to those players whether they wanted to play in the new league or not, but if they did they would have to play for the team that had theri rights unless they were traded or released. There would be no union, the NHA would make the rules and the players could take it or go elsewhere! Establish their $30 million cap, offer salaries larger than any league anywhere else but still mangeable for all teams. The Stanle Cup of course would be adopted the championship trophy since the NHL would no longer exist.

I suppose there are laws keeping companies or businesses from doing this but would this pertain to sports franchises? Sports leagues go belly up all the time and new ones pop up. What would be wrong in this case? Any lawyers out there?

I'm not sure of whether or not it's possible to start up something new without a union. Other than that, though, this is a feasible option that has been talked about before.

 

[Wetcoaster]

With all the doom and gloom being talked about, no hockey this year and maybe next etc. The talk of an impasse is said to be a massive undertaking since two countries legal systems would have to be a nightmare tying matters up in courts for who knows how long. What if, and I hope someone smarter than me can answer, they just folded the NHL and started a new league? Call it the National Hockey Association (NHA). All 30 former NHL franchises would be members. All franchises would retain rights to their former players they had under contract. It would be up to those players whether they wanted to play in the new league or not, but if they did they would have to play for the team that had theri rights unless they were traded or released. There would be no union, the NHA would make the rules and the players could take it or go elsewhere! Establish their $30 million cap, offer salaries larger than any league anywhere else but still mangeable for all teams. The Stanle Cup of course would be adopted the championship trophy since the NHL would no longer exist.

I suppose there are laws keeping companies or businesses from doing this but would this pertain to sports franchises? Sports leagues go belly up all the time and new ones pop up. What would be wrong in this case? Any lawyers out there?

Yes there are laws and they even apply to sports franchises. Hard to believe, eh?

There is this slightly incovenient thing called labour law that prevents employers from doing such things. If it were that easy no employer would ever negotiate, they would just re-invent themselves each time a contract came up for re-negotiation.

 

[mudcrutch79]

If the same owners were to start up as a way to avoid dealing with the union, it'd be an unfair labour practice. It's not really a feasible option.

 

[Wetcoaster]

I'm not sure of whether or not it's possible to start up something new without a union. Other than that, though, this is a feasible option that has been talked about before.

And if you do not have a union the owners have no protection from antitrust actions so no entry level salary cap or any salary cap at all, no reserve clause, no restricted free agents, no Entry Draft, etc.

It is not a feasible option.

 

[Hemooli]

And if you do not have a union the owners have no protection from antitrust actions so no entry level salary cap or any salary cap at all, no reserve clause, no restricted free agents, no Entry Draft, etc.

It is not a feasible option.

That's why I said other than that...

 

[Wetcoaster]

That's why I said other than that...

It is not a feasible option whether or not there is union. It is illegal.

 

[arnie]

With all the doom and gloom being talked about, no hockey this year and maybe next etc. The talk of an impasse is said to be a massive undertaking since two countries legal systems would have to be a nightmare tying matters up in courts for who knows how long. What if, and I hope someone smarter than me can answer, they just folded the NHL and started a new league? Call it the National Hockey Association (NHA). All 30 former NHL franchises would be members. All franchises would retain rights to their former players they had under contract. It would be up to those players whether they wanted to play in the new league or not, but if they did they would have to play for the team that had theri rights unless they were traded or released. There would be no union, the NHA would make the rules and the players could take it or go elsewhere! Establish their $30 million cap, offer salaries larger than any league anywhere else but still mangeable for all teams. The Stanle Cup of course would be adopted the championship trophy since the NHL would no longer exist.

I suppose there are laws keeping companies or businesses from doing this but would this pertain to sports franchises? Sports leagues go belly up all the time and new ones pop up. What would be wrong in this case? Any lawyers out there?

There is very little keeping ther NHL from forming a new league. All they have to do is to show the NLRB that they have bragained in good faith. Despite all the misinformation in the posts above, this is not that hard to do, especially in the current political climate. Further, despite the frequently heard opinion that it would be hard to do it in Canada because of the labor laws, the fact is that it would be quite easy. The NHPLA isn't even a certified union in Quebec and BC.

 

[Crazy Lunatic]

It is not a feasible option whether or not there is union. It is illegal.

What court do you sit on, exactly? If I run Randys Computer Shop and my union tries to cripple me, I am 100% free to shut down the business and go home. If, 2 months later, I decide to open The Toronto Computer Hut, cite the law that states I am not within my legal rights to do so. Tell me the law that states, once you have a unionised business, you are forced to operate that business for eternity and are never aloowed to close it when you see fit. Next, inform me of the law that prevents you from opening another business for the rest of your life.

Several NHL owners *already own* other hockey teams in different leagues. Inform me of the law that prevents them from owning an NHA frachise.

 

[Crazy Lunatic]

And if you do not have a union the owners have no protection from antitrust actions so no entry level salary cap or any salary cap at all, no reserve clause, no restricted free agents, no Entry Draft, etc.

It is not a feasible option.

Major League Soccer, the National Lacross League and the Arena Football League didn't have too much trouble getting a hard cap, did they? The NHA could make it very clear to the newly formed NHAPA, accept a cap or there is no league. Think the new union of blue collar guys desperately wanting to get in on the ground floor of the new major league of hockey and a chance to earn millions and millions of dollars for playing a game would have any trouble accepting a cap? I don't think so.