The Messenger said:
Absolutely a draft is part of a CBA .. but it has to be agreed upon by both the NHL and NHLPA ... In this case if the draft class can earn more money as UFA rather then Entry level Contracts why would the NHLPA not support UFA .. but mostly I think this has to do with timing .. many players like say Crosby may want to turn pro .. With no draft they are limited in their options .. This includes the previous drafts as well .. If September comes and hockey begins in other leagues then the players may have gone to court in the summer to have their status ruled on .. Any future CBA after that time can't change history if it occurs after that point ..
Also just for clarification on your second point .. Players do not become NHLPA members until they have officially played their very first game in the NHL .. Then they are automatically enroled in the Union and Union Fees comes off their first Pay Cheque until that time drafted or not, they are not members so they wouldn't be certified .. Players like Alex Ovechkin and Jeff Carter or Al Montoya even while they have been drafted are not voting members of a current NHLPA ..
A couple of points.
Players don't become official dues paying & voting members of the NHLPA untill they play their first game, but they become part of the bargaining unit and agree to all the terms of the CBA the moment they sign their NHL contract - that is included in the standard players contract. That is precisely why the draft is legal. A draftee is not a member of the union when he is picked, but when he signs that contract, he agrees to be retroactively bound by the terms of the CBA, and gives up any individual action to sue for anti trust / restraint of trade.
The status of unsigned draftees (and the potential 2005 and later draft classes) will all be covered by the CBA. And don't think for a moment the PA really gives a damn about draftees - they were more than glad to sell them down the river with the ELS before, and would very likely do it again. I don't see the NHL agreeing to any CBA which makes unsigned or current eligible draftees UFAs, and I don't see the PA seeing this as a make or break issue - they may use it for some bargaining leverage, but they will give in on it.
Unsigned draftees and draft eligible players will only have grounds for action if and when the league actually starts signing players again.
If it is an impasse CBA scenerio, their status will be covered in the imposed CBA - now there is some question of the legality of the draft in an imposed CBA and whether an imposed CBA could only cover current working conditions (pay etc) and that restraint of trade issues like the draft could only be covered in a negotiated CBA, but thats another issue.
In a non-impasse replacement player scenerio, there is no grounds for a draft, and if the NHL starts signing replacement players, then unsigned draftees and current draft eligibles would have action if they were not treated as UFAs, but also remember that by definition replacement workers are treated as temporary workers. There would be nothing that would prevent a draft eligible player from being signed as a replacement player as a temporary UFA and then later being subject to the draft provisions of a negotiated CBA. Sidney Crosby could very well find himselp playing as a replacement player in Mtl and later be drafted by the Caps for example.
Also, this cancellation of the draft was not really a cancellation of the draft, it was a cancellation of the draft events. Bettman, Daly, and others have said all along, no CBA, no draft, so this is no surprise. However they were coming up on a deadline to have to pay $$$'s for the events in Ottawa (hotel rooms, etc) and decide that there was no point in shelling out the $'s, so thet officially cancelled the draft related events. Once a CBA is in place (or they gamble on an Impasse and an Imapsse CBA allowing a draft) they can quickly hold a draft without all the hoopla and ceremonies before opening camps.