Soon the NHLPA Certified Agents will lead the way

Discussion in 'Fugu's Business of Hockey Forum' started by BrickRed, Mar 26, 2005.

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  1. BrickRed

    BrickRed Registered User

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    The following is from yesterday's TSN.ca article regarding the NHL's labor grievence against the union:


    Meanwhile, a certified player agent who represents NHLPA members told TSN the league is also ''threatening'' to file another ''unfair labor practice'' complaint against the NHLPA on the issue of player agents representing replacement players.

    The NHLPA has indicated to its certified player agents that any agent who would negotiate a contract on behalf of a replacement player next season would be in danger of losing his NHLPA certification. The agent who spoke to TSN said he has been told the league believes that the NHLPA's threat of decertification to the agents is an ''unfair labor practice'' and that the NHL is prepared to file a complaint over it with the NLRB.



    This is the PA's biggest hammer. Once it is taken away the players will return.
     
  2. on the boards

    on the boards Registered User

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    It's interesting to me that the agents did not try and lead the way on this as it is their livelihood on the line, too. I wonder if there is some behind the scenes help that agents are sharing with the NHL, not willing at this point to challenge the NHLPA themselves...or perhaps the agents are just waiting for the big dogs to fight it out and then toss their allegiance to the winner...
     
  3. mr gib

    mr gib Registered User

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    it just get's worse and worse - king gary and the crumbling empire - can you say jetsgo
     
  4. mr gib

    mr gib Registered User

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    there will be no winner
     
  5. theoil

    theoil Registered User

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    I agree. But there will most certainly be a loser and right now that looks like 'Gary & The Players' as they fiddle away.
     
  6. mr gib

    mr gib Registered User

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    your right - it's reaching new depths - it'll be a sad sad day when those replacement's take the ice - i hope all will be proud
     
  7. SPARTAKUS*

    SPARTAKUS* Guest

    It's going to be a great day when the NHL opens its doors this September with replacement players. Who needs those overpaid "regular" NHL players? Not me. And if you don't like it don't watch it it's that simple. And by the way the NHL is here to stay.
     
  8. mr gib

    mr gib Registered User

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    so you're including jerome in that category?
     
  9. FanSince2014

    FanSince2014 What'd He Say?

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    It just gets better and better.

    I am extremely pleased that the NHLPA leaders will soon be exposed in a court of law as the corrupt manipulators that they are.
     
  10. on the boards

    on the boards Registered User

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    :yo: One season without hockey, discussing trade rumors and actual trades, the playoffs and the Stanley Cup is enough for me. I am ready for training camp, pre-season and the start of the next season. I'm a hockey fan-- not replacement fan, owner fan, or NHLPA fan. I WANT MY HOCKEY and whoever dons skates under the aegis of the NHL is fine with me...
     
  11. mr gib

    mr gib Registered User

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    source?
     
  12. Mess

    Mess Global Moderator

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    Player agents don't have a limited Shelf LIFE, like players do to be a part of the NHL .. Agents will represent players for years to come well after this current group is retired..

    A player agent gets a % of the contract his player signs .. The higher the contract the more he earns getting it for his client ...

    Why or how would this be in the best interest to represent Replacement players on SMALL contracts in a Work Stoppage when they would be cutting off their long term gravy train in the future by going against the NHLPA ..

    A player agent currently is a extended arm of the NHLPA and governed by it. Until that changes they have to somewhat tow the line or pay the consequences for their actions.

    There is a reason that the NHL did not file this at the same time as the other suit as this one would be much harder to win .. The NHLPA can IMO do what it likes to player agents not willing to follow the rules, of its employer .. They work for the NHLPA and the Players not the NHL ..
     
    Last edited: Mar 26, 2005
  13. garry1221

    garry1221 Registered User

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    the nhl was smart only filing the first grievance. they're testing out the waters so they'll know where to go from here on out. frankly the agents have no allegiance to the PA. they're not paying dues to the PA and if the PA is trying to take away their livelihood then IMO the PA is in for a shock when the agents are given their free reign to sign their players to whatever deals their player want. now i'll fully change my view on this one if the league does the same thing when the next cba expires. quite frankly the PA is holding every agent hostage, no different than a criminal taking a hostage in a standoff with the law IMO.
     
  14. jpsharkfan

    jpsharkfan Registered User

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    Exactly!

    I attended San Jose State Hockey this season(did not even know they existed before the lockout). They are not even NCAA, but a club team. I went to the first game thinking "hey, for $5.00 I will give it a try". It was fantastic! The players play because they love the game.
    They get no support from San Jose State University so each player PAYS $1500.00 to be on the team. The pay to play, because they love the game.
    They play fast, exciting hockey and made it to Nationals this year. The greatest thing about SJSU hockey was the players. They thanked the fans each and every game for coming out and supporting them. Great hockey and being appreciated by the players for our support. Isnt that what it is supposed to be about?

    I want my hockey and I want it soon! Replacement players come on down....they will be playing because they love the game not what it can pay them.
     
  15. BrickRed

    BrickRed Registered User

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    The NHLPA can't stand on its own. It must treaten decertification in order to keep the agent from representing replacement players. With this threat in place, the best agents will not represent replacement players and the process of placing the best replacement players with the NHL will be a difficult one.

    Once the agents are able to earn a living again and pair replacement players with the NHL the NHLPA member players will fall in line -- either to play or force the union to cut a deal.
     
  16. Mess

    Mess Global Moderator

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    Right from the CBA ....

    ARTICLE 6
    NHLPA Agent Certification


    6.1. Exclusive Representation. The NHL and the Clubs recognize that the NHLPA regulates the conduct of agents who represent players in individual contract negotiations with Clubs. The NHL and the Clubs agree that the Clubs are prohibited from engaging in individual contract negotiations with any agent who is not designated by the NHLPA as being duly certified ("Certified Agent") by the NHLPA in accordance with its role as exclusive bargaining agent for NHL players. The NHLPA shall publish and provide to the NHL and the Clubs a list of agents who are currently certified in accordance with its Agent Certification Program and, for each player, the name of the certified agent, if any. The NHLPA shall notify the NHL and the Clubs, by way of publishing and providing them with a comprehensive updated list, setting forth any deletions or additions thereto.

    6.2. Players Contracts. No Club shall enter into a Player Contract with any player and the NHL shall not register or approve any Player Contract unless such player: (i) was represented in the negotiations by a Certified Agent as designated by the NHLPA under Section 6.1; or (ii) if Player has no Certified Agent, acts on his own behalf in negotiating such Player Contract.

    http://www.nhlcbanews.com/cba/article6.html

    Its the NHLPA program that Certifies an agent to represent them and the first line says the NHL "recognize that the NHLPA regulates the conduct of agents"..

    This seems pretty clear that the NHL has no say over the NHLPA program, its rules or who is or isn't certified as an agent.

    Not sure the NHL would have any case here at all for a complaint ...

    In fact the second part of 6.2 ..(ii) if Player has no Certified Agent, acts on his own behalf in negotiating such Player Contract.

    I read that as all replacement players will and need to represent themselves in signing a replacement contract .. So that would in fact make signing replacements a more difficult task ..

    So I can see why the NHL would want to win such a complaint.
     
  17. Buffaloed

    Buffaloed webmaster

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    The problem with this grievance is it's (to my knowledge) hearsay. All I've seen is a quote from an anonymous agent, whereas the the threat to make players repay lockout benefits was made publically by Goodenow. For the NHL to win this grievance, they need agents to testify before the NLRB, or for the NHL to actually amend the agreement. It would be highly unlikely for an agent to go before the NLRB and testify on behalf of the NHL.

    If the NHL can produce agents to testify that the threat was made, or the NHLPA amends its regulations to deny certification, the NHLPA will get its head handed to them. The shoe would be put on the other foot as the NHLPA will be regarded as management. They're the ones setting the rules for employment. The law is quite clear that union activities (pro or anti) can't be used as a criteria for employment.

    My guess is the NHL may go forward with this grievance even if they're unable to find agents to testify that the threat was made. If there's no testimony by agents, the NLRB will reject the claim for lack of proof. The damage will be done in the NLRB ruling when they dismiss the claim, but state that if the claim had been proven, it would be judged an unfair labor practice.
     
  18. SPARTAKUS*

    SPARTAKUS* Guest

    Yes I do
     
  19. R0CKET

    R0CKET Registered User

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    You know that there can be loads of articles, or regulations, or even laws passed that aren't worth the paper they are printed on.

    Many times these types of things aren't followed up on as they aren't really worth going thru the hassle as long as they don't ever really have any impact they seem to linger and people just look the other way.

    If it comes to pass that the PA is seen a unfairly damaging the Agents from freely applying their trade then this will be gone like yesterday's leftovers.

    If you asked me the PA looks more and more deperate all the time.

    They drone on about wanting a fully free market for their members but then they want the Agents to have no part of a free market for themselves to make a living and are willing to destroy their careers if they try it.

    Nice, but then what does one come to expect from Bob GODenow.
     
  20. me2

    me2 Calling out the crap

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    If they go ahead

    1) union admits it and get whacked with ULP
    2) union denies and is blocks itself from carrying out the threat.

    Either was its a good tactic just to test it out.
     
  21. Mess

    Mess Global Moderator

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    The league is also preparing to file another unfair labor practice against the union for its threat to decertify agents who represent "replacement" players in yet another effort to undermine labor solidarity.

    While we, too, have serious questions about the ethics of such an NHLPA policy — the representatives' fiduciary responsibility, after all, is to their clients, and not to the union of which agents are not members — management's attempted intrusion on labor policy is every bit as unsettling. A challenge to this policy should be raised by a player agent, not by an attorney acting as an agent of the league.

    But this contemplated action is merely another manifestation of the league's effort to wrest agent certification away from the union. Indeed, in his July 23, 2004 letter to Bob Goodenow, obtained by The Post, Bettman says of Article 6 of the old CBA that grants agent certification unilaterally to the PA: "Based on our experiences during the term of the Current CBA, we believe this provision needs updating." Updating, presumably, that would allow the league to certify player agents. How nice for management to choose those with whom to negotiate.

    http://www.nypost.com/sports/43280.htm
     
  22. R0CKET

    R0CKET Registered User

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    Weak...this is all you puke up here to justify the PA's approach on this matter (can anyone say RICO?).

    But then what can one expect from a shill that supports the PA droning on about wanting a fully free market for their members but then they want the Agents to have no part of a free market for themselves to make a living and are willing to destroy their careers if they try it.

    We DEMAND to be FREE in the "Market Place", all the rest of you can KMA!! Any FREEDOM on your part will be met with an immediate legal response.

    Goodenow is killing the moral authority of this game along with more and more of its fans every day.
     
  23. mackdogs*

    mackdogs* Guest

    I forget... didn't this CBA expire? Making it completely null and void? Just asking...
     
  24. Mess

    Mess Global Moderator

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    Why do people keep saying this ??

    If everything is Null and Void then why are all the players contracts still running and why do former player rights still belong to the teams that owned them before the CBA expired??

    We have another thread on unsigned players and the team that drafted them .. Well they where drafted under an old CBA so by your logic why do they still belong to the teams and why are players like Oveckin still Washington property?

    If the NHL lifted the lockout and a player crossed a picket line to return to his team then his former quaranteed contract would once again be in effect less any rollback or items that where agreed upon by the NHLPA ..
     
  25. Mat

    Mat Guest

    not necessarily

    firstly, i doubt it will be taken away
    secondly, that doesnt mean that agents will start signing replacement players right away; at least not high profile ones. agents compete with oneanother for players. if an agent signs a replacement player, then that will likely cause him to lose player clientelle (and more importantly to rival agents)

    why risk losing your clientelle base just for some lousy replacement players?

    but still as i said, i doubt it will be taken away
     
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