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Discussion in 'The Business of Hockey' started by FLYLine27*, Mar 18, 2005.

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  1. FLYLine27*

    FLYLine27* BUCH

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    If the NHL declares an impasse...they set up a new CBA say in May...will the draft happen? I would assume it would....right?
     
  2. Weary

    Weary Registered User

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    I don't see why it wouldn't. The players would still have collective representation. That should offer the owners the antitrust protection they need to hold the draft.

    Edit: Unless the NHLPA players decertify before the draft which would invalidate the antitrust protection.
     
  3. Mess

    Mess Global Moderator

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    From my understanding it is not possible ... A lockout or a Strike makes a CBA invalid ..
     
  4. bennysflyers16

    bennysflyers16 Registered User

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    I think it is the opposite, Once impasse is declared they take the last offer as the new CBA and they move forward. I think the whole point of impasse is so that they can have the draft and move forward with the season in September. Right before impasse, I think the NHL will offer a 35 million cap, but the players will offer something around the 44 million cap, to try and delay impasse.
     
  5. Mess

    Mess Global Moderator

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    THis is only true if the NHLPA does not challenge the IMPASSE ruling .. If they go on strike ..the NHLPA is basically disputing the NHL last offer and IMPASSE CBA ..

    Without a valid CBA that is agreed upon by both sides business can't continue normally ..

    Think of the consequesnces .. What if finally when they agree on a new CBA that the draft age is raised to 19 .. You just had a draft at 17-18 year olds and now the valid CBA says that is not the Age limit ..

    An Impasse CBA is not a valid CBA unless the Courts have ruled it to be valid and or both sides agree and sign off ..

    Even the Central Scouting Bureau has confirmed this ..that the draft will be postponed .. In fact the City of Ottawa the host city as been told they would get the 2008 entry draft if the Union and the NHL can't come to an agreement on time ..

    Bettmans own words also have told us that the NHL would have a Draft soon after a new CBA is signed .. be it in Nov , Dec, Jan etc ..
     
  6. Weary

    Weary Registered User

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    Yes it can. This was decided by the Supreme Court in Brown v. Pro Football, Inc.:

    Held: Federal labor laws shield from antitrust attack an agreement among several employers bargaining together to implement after impasse the terms of their last best good faith wage offer.
     
  7. hockeytown9321

    hockeytown9321 Registered User

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    It would be OK, but if the NLRB ruled there wasn't an impasse or that the league bargained in bad faith, all those players could file anti-trust suits. I don't think the NHL would risk it.
     
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