Can we keep Crosby out of this? He is being used as an example, but the issues being discussed apply to all draft eligble players. In front of a judge's bench, Crosby is no more special than Joe Smith.
Any scab would be in trouble not only with the NHLPA but with the non-scab players when they get back to work. For a young rookie player to take this step would make the rest of his career a living hell. But anyway, back to the issue at hand.
I am amazed that everything seems to hinge around the draft. If there is no draft, the whole hockey world as we know it comes to a crash. The hockey world as we know it came to a crash on Sept 15. Any new CBA (negotiated or otherwise implemented) will change hockey as we knew it. Not holding the draft is not what is going to bring things down its the fact there is no CBA. Yet, there are all these arguments flying around that the CBA is still valid until June, and then kaboom.
I have found no case law or NLRB ruling that would allow anti trust to come into play in the middle of a labor negotiation. As long as they are negotiating in good faith, how can anti trust come into play. I have repeatedly asked anyone to come up with evidence, but no one has.
In Brown v. Pro Football Services, Inc., the D.C. Circuit held that as long as the action taken by either the unions or management is legal within the labor laws, it will be exempt from the antitrust laws.
So Tom, unless you come up with something else, I suggest you get your head out of your ass and start reading.
Any scab would be in trouble not only with the NHLPA but with the non-scab players when they get back to work. For a young rookie player to take this step would make the rest of his career a living hell. But anyway, back to the issue at hand.
I am amazed that everything seems to hinge around the draft. If there is no draft, the whole hockey world as we know it comes to a crash. The hockey world as we know it came to a crash on Sept 15. Any new CBA (negotiated or otherwise implemented) will change hockey as we knew it. Not holding the draft is not what is going to bring things down its the fact there is no CBA. Yet, there are all these arguments flying around that the CBA is still valid until June, and then kaboom.
I have found no case law or NLRB ruling that would allow anti trust to come into play in the middle of a labor negotiation. As long as they are negotiating in good faith, how can anti trust come into play. I have repeatedly asked anyone to come up with evidence, but no one has.
In Brown v. Pro Football Services, Inc., the D.C. Circuit held that as long as the action taken by either the unions or management is legal within the labor laws, it will be exempt from the antitrust laws.
So Tom, unless you come up with something else, I suggest you get your head out of your ass and start reading.