me2 said:
I think they can have a draft without a CBA, the question is what value it has. If its optional there really isn't much that anyone can object to (I wondering if this might foil some of the previously drafted players escape plans).
No there cannot be a draft without a CBA.
The draft is by definition a collusion to restrict labor and is a blatant anti-trust violation. The only way it's legal is that it is negotiated as part of a CBA. No CBA, first person drafted goes to court, the draft is thrown out and the league pays a ****load of damages.
Of course when a player is drafted, he's not actually covered by the CBA, and could sue, but the standard player contract has a requirement that makes the player retroactively be bound by the terms of the CBA.
Of course now without a CBA, there is also no standard player contract (without collusion), so Crosby could in theory say to anyone who drafts him, F*** Off, you have no legal basis for the draft and you can't make me retroactively make me accept a basis, and sign with anyone he wants to. Let the bidding begin.