Owners Fear They've Been Tricked

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kdb209

Registered User
Jan 26, 2005
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The Messenger said:
Originally Posted by kdb209
Yes it is, it that's all you're trying to do - it's called Surface Bargaining.
How can that be proven ??

NLRB can't read what is going on in Goodenow's head ..

It could be demonstrated by things like:
- not following up on the offer
- refusing to negotiate what you just proposed
- any PA memo's which might be subpoened or leaked
- a pattern of behavior - ie does the PA make a series of "last minute" offers with no real progress being made.

But remember this is only relevant if the NLRB is deciding on whether an impasse exists (not the league bad faith case), in which case it will be as much up to BG to justify that the offer was real and that progress was possible as it will be up to GB to argue that it was mereley surface bargaining.
 

AM

Registered User
Nov 22, 2004
8,463
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Edmonton
they dont have to

The Messenger said:
How can that be proven ??

NLRB can't read what is going on in Goodenow's head ..
\

Actions are the only thing they have to look at.

The NHL offered the players a reasonable CBA and they turned them down....

they turned them down because they figured the Owners would vote with their egos and over pay the players like they've been doing for years now.

Goodenow lost that gamble.
 

kdb209

Registered User
Jan 26, 2005
14,870
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Weary said:
Quote:
Originally Posted by Weary
Trying to avoid an impasse is not bad-faith bargaining.
Originally Posted by kdb209
Yes it is, it that's all you're trying to do - it's called Surface Bargaining.
No. That's backwards. Surface bargaining cannot be used to avoid an impasse. The NRLB will uphold an impasse declaration if they feel the NHLPA was surface bargaining.

That's exactly what I was saying - Surface Bargaining would be bad faith on the part of the union - and as such could not be used to argue against the existance of a real impasse.
 

thinkwild

Veni Vidi Toga
Jul 29, 2003
10,815
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Ottawa
They feel tricked? Ha ha. Tricked into what? Believing the players had totally capitulated and now they find they will have to negotiate a compromise? I dunno Bob Mckenzie, any chance of a source on this. What exactly is the motive behind this release to the press anonymously? COuld it be a trick? Another league misdirection? After promising they would play with replacements, they need to be trciked to have an excuse out of it. Now that season ticket holders have been held at bay another summer? Pretty odd article Bob.

The players make record setting salary rollback, address every point of salary escalation, propose for the first time a cap, as well as luxury taxes, while the owners poke them with a stick after each offer, make their offers more unpalatable, and make each offer worse. And the players will be tagged as surface bargaining? I hope they do go to court.
 

Flyguy_1ca

Registered User
Apr 12, 2005
386
0
BC, Canada
thinkwild said:
They feel tricked? Ha ha. Tricked into what? Believing the players had totally capitulated and now they find they will have to negotiate a compromise? I dunno Bob Mckenzie, any chance of a source on this. What exactly is the motive behind this release to the press anonymously? COuld it be a trick? Another league misdirection? After promising they would play with replacements, they need to be trciked to have an excuse out of it. Now that season ticket holders have been held at bay another summer? Pretty odd article Bob.

The players make record setting salary rollback, address every point of salary escalation, propose for the first time a cap, as well as luxury taxes, while the owners poke them with a stick after each offer, make their offers more unpalatable, and make each offer worse. And the players will be tagged as surface bargaining? I hope they do go to court.

:biglaugh: Oh that was rich!
 

19nazzy

Registered User
Jul 14, 2003
17,217
31
AM said:
The NHL is rediculous... they just want to avoid their businesses going bankrupt... you bet, they are majorly rediculous!
The NHLPA is offering a deal that the NHL wants....
 
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