New Story on Legalities of Impasse -- Must Reading

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dakota

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May 18, 2002
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Interesting quote from the story:

"There is confusion over whether some NHL teams in Canada would be able to use replacement players.

The four provinces with NHL franchises - Quebec, Ontario, Alberta and B.C. - all have different labour laws.

Quebec and B.C. do not allow for replacement workers, which some experts believe could prevent the Montreal Canadiens and Vancouver Canucks from using replacement players. The teams could not play in, say, Hamilton and Seattle for a year, because they could easily be slapped with an unfair labour charge, says Craig.

However, Quebec labour ministry spokeswoman Michele Poirot says NHL players aren't covered under the province's labour code. Ditto in B.C., where the NHLPA isn't certified as a union, says provincial labour ministry spokesman Graham Currie."

it looks like replacement players may be able to be used in Quebec and BC... i would watch the teams play... maybe not for $100 per ticket but less... which is fine by me if they make it 50-70... i am still watching the Vancouver Canucks against the Detroit Redwings play...
 

Other Dave

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dakota said:
However, Quebec labour ministry spokeswoman Michele Poirot says NHL players aren't covered under the province's labour code. Ditto in B.C., where the NHLPA isn't certified as a union, says provincial labour ministry spokesman Graham Currie."

Is there a way that the Canadiens and Canucks players can get certified? How did the Expos get around the problem during the baseball strike?
 

oil slick

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Other Dave said:
Is there a way that the Canadiens and Canucks players can get certified? How did the Expos get around the problem during the baseball strike?

Good question.I thought the NHLPA was specifically not calling themselves a union though. (for what reason, I forget.)
 

dakota

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Other Dave said:
Is there a way that the Canadiens and Canucks players can get certified? How did the Expos get around the problem during the baseball strike?

i think the union (NHLPA) would have to be certified in those provinces... if i read that article correctly they are not currently... therefore replacement players may be used in those jurisdictions... but that would probably be upto a judge to decide.

i am not sure about the baseball strike..
 

CarlRacki

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Feb 9, 2004
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Other Dave said:
Is there a way that the Canadiens and Canucks players can get certified? How did the Expos get around the problem during the baseball strike?

It never really came up since MLB never attempted to play any replacement games in Quebec during the '94 strike. The league lost its NLRB case during spring training.
 

Buffaloed

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Feb 27, 2002
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According to an article that appeared in the NY Times this morning:

The owner, speaking yesterday, said that declaring an impasse remained an option for the owners; if that were to happen, they would seek it before the National Labor Relations Board, then implement new work rules to reopen the business in the fall.

Because such a strategy might prompt a strike, the owner was asked whether he thought unionized players would cross a picket line to go back to work next fall. "Oh, yes, like you wouldn't believe," he said, adding that he thought 80 or 90 percent of current players would accept the new proposal if allowed to vote on it.

According the Times the source is a longtime team owner who requested not to be identified to avoid being fined. The NY Times recently implemented stringent measures to verify the credibility of their articles due to a serious problem with plagiarism and writers inventing stories, so I have to believe the info in this article is accurate.

You must complete the free registration or use something like bugmenot to view the entire article.
http://www.nytimes.com/2005/02/02/sports/hockey/02hockey.html?
 

Strazzobosco

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