shakes said:
The NHLPA just doesn't "go away" if that happened. They would still have to negotiate with them.
The NHLPA goes away (for the time being at the very least)
if it is just a sale of assets which is very likely under the circumstances. NHL2 (or whatever the new corporation would be called) would have no player employees, no labor contracts, no CBA, no NHLPA, etc at startup. It would be a totally clean labor slate.
NHL2 may also decide to put the "jobs" out to tender and each year contract players as clear cut contractors - not employees. That may well make it more difficult for a union to re-form or enjoy all of the labor relations act even if they did re-form as they had before under the NHL CBA. Certainly, set contract rates could be on the table without the fear of collusion.
If a new union formed, maybe it takes on the form of something like the Screen Actors Guild or some entertainers union who have minimum rates & basic benefits but under the new structure/corporation, not nearly the carnivorous financial and legal teeth available that they ha under the existing CBA .
The existing owners could buy shares in the new corporation down the road or maybe have some sort of shotgun arrangement if shares go up for sale.
Antitrust seems a non-issue at start up because they're not a monopoly at that time - they're a new business with no players. Given 350 NHLers trotted off to Europe and a bunch more to other leagues and that 90% of these players are foreigners, on going anti-trust concerns get very grey to me.
I haven't thought all the possibilities through as there are many possibilities but it looks like it would be a whole new labor ball game for the owners should they sell their assets and the NHLPA would be at square one either trying to form their own league (WHA?) or in total disarray wondering where Bob Goodenow has led them. For many of the existing NHLers, their careers would be over as they could dilute the hardliners out in the transition.