While I generally agree with you mossey, what else could the NHLPA be doing right now?
Since they've last met face to face, the NHLPA has publically stated that they're willing to resume discussions without preconditions. Both Fehrs have said this. The players have said this. The NHL has expressed no desire to meet unless the NHLPA accepts certain terms from their last proposal. If the NHLPA doesn't want to unconditionally accept those terms, then what else can they do?
So here we are, waiting for one side to blink again.
In my opinion, a 7+ year deal at 50/50 should be considered a monumental win for the owners. Everything else is icing on the cake. The owners are threatening to cancel an entire season because of mole hills they call mountains. Doesn't make sense to me. I still think the owners are posturing and will get a deal for a 48 game season.
Well, since I don't really trust the public PR spin, I think there's a lot they could be doing.
First of all, if antitrust/DOI works, it will be because there is movement available from both sides. Neither the NHL or NHLPA is going to cave completely from their position, even if they are staring a protracted battle in court in the face. Again, this will be settled at the bargaining table and both sides know it.
So both sides saying that the other isn't budging is a load of BS. Now, there isn't a huge amount of wiggle room, but it does exist. Otherwise one or both sides would simply say - ok, no more negotiations until February or something. And actually mean it.
For example, the NHL could cancel the season right now. But they're not. Ergo, some room for negotiation exists.
Here is a really important point - why not meet with preconditions. Earlier in the negotiations I can see why the NHLPA did not want to do this. It made sense with their stonewall strategy. Now, it is just silly. Both sides will eventually compromise. DOI/antitrust is simply meant to accelerate that.
The ironic thing is that the NHLPA has taken a weapon like antitrust litigation meant to accelerate the process ... and then continues to stall.
Again, the NHL wants to meet with preconditions, but there is no hard requirement. Here is a precondition that would reboot everything: "Let's restart negotiations from 50/50 split, the owners pay $211M Make Whole."
How is this disadvantageous to the NHLPA? The portions of the previous package are implied to be on the table and everyone knows it. They won't just 'go away' because it's been offered already just like the 24% rollback in 2005.
The NHLPA, in this entire process, HAS NEVER SYSTEMATICALLY PROBED where the owners could compromise. Again, in the 'package' they tried to modify ALL THREE of the owner's preconditions. That is a move for September, not now. Why not modify ONE condition? Why not throw in a different incentive for the owners?
So far Fehr has been all about the GRAND GESTURE. He doesn't seem to understand subtlety and he continually tries to hit a home run for the players in every proposal.
So yes, there is a lot the NHLPA could be doing that would get them back to the bargaining table.