2005 draft after all?

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Seachd said:
Right. But what some people are suggesting is not "claiming exclusive rights to offer a contract to a player." It's more like "How about when a new CBA gets resolved, I happen to take Crosby with the first pick, and then you..." etc. No one's claiming anything there.

That is just as much collusion as an actual draft would be without a CBA. It is teams deciding what will happen to undrafted free agents without a collective bargaining agreement in place to govern that activity.

The NHL cannot even determine a draft order without a CBA.

Whoever mentioned it is right, I'm sure ..that a CBA specifically and only for an entry draft can be ratified. However, I as well do not think it will happen that way. With the way the NHL and NHLPA are playing the public relations card, showing any signs of being on the same page on any issue is being viewed as a weakness by both sides.
 

Cosis

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Fedz said:
Exactly. The draft is apart of the CBA, and there is no CBA currently. Can people not figure that out?


From my understanding, if the owners declare impasse and put in their own CBA, they can then hold an entry draft. Hope that helps.
 

me2

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Van said:
A draft without an agreement is collusion.


Only if its compulsory IMHO. If its non-compulsory and the prospects opt in of their own free will that is a different kettle of fish. I won't argue the value or lack or value for opting into a non-compulsory draft.
 

me2

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Van said:
That is just as much collusion as an actual draft would be without a CBA. It is teams deciding what will happen to undrafted free agents without a collective bargaining agreement in place to govern that activity.

The NHL cannot even determine a draft order without a CBA.

The NHL was free to change the draft order to whatever it wanted under the under the old CBA. The only condition was that it notify the NHLPA. I see no reason they couldn't use any draft order they liked.

This is from the old cba

In the event that the League proposes a material change to those prior rules regarding order of selection, as intended to be modified by Exhibit 4, the League shall notify the NHLPA no later than March 1 in the year of the Entry Draft during which such changes are proposed to take effect, and shall afford the NHLPA a reasonable period of time prior to the implementation thereof for the purpose of conferring regarding any such changes.



The value of any such non-CBA draft would be entirely debatably.
 
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hawksfan50

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I think the legal arguments go something llike this: IF the NHL declares impasse and it is given an NLRB approval of that status,then it no longer recognizes the NHLPA as the official bargaining unit for the players it wants under contract...IF it then just offers the jobs to "replacement players" who are not represented by a labour bargaining unit,it risks possible anti-trust lawsuits (presumably by NHLPA players who did not come back as replacement players and who at least want the right to
contract as FA's without restriction to clubs retaining their contracting rights---AND by any yet signed draftees + 2005 eligibles who also would contest free agency to sign with any team)............ALTERNATIVELY,after impasse is officially approved by the NLRB,IF the NHL invites its "replacement players" to join a new PLAYERS' ASSOCIATION for purposes of bargaing contracts with the NHL,then a draft approved by that new players' association could proceed without threat of anti-trust cases...In effect,IF the "replacement players" sign off on the draft,it can proceed,since the old NHLPA is busted and can no longer bargain for contracts with the NHL... (Canadian labour jurisdictions will take their lead from the decisions of the NLRB in the US --because the majority of NHL jobs this concerns are based in the US--so I do not think differences in Canadian Federal or Provincial labour laws from those in the US will be any factor in this)...
 
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