NHLPA Looks at Labour Laws to Block NHL Lockout

[RGM81]

http://www.montrealgazette.com/sport...111/story.html

And the NHLPA is ready to move this week in a bid to stop any lockout of Canadiens players, with the NHL being on record as saying unless a new collective agreement is in place by next Saturday, it will lock out players from all 30 league clubs and postpone the start of training camps and, likely, at least the start of the 2012-13 season.
At issue, according to the NHLPA, is that the players’ union is not a group certified by the Quebec Labour Board. The NHLPA adds that, under Quebec law, an employer – the Canadiens, in this case – cannot lock out employees – Habs players, in this case – unless they are represented by a union certified by the QLB.
The Canadiens players, the NHLPA said Sunday night, have the right to apply to the QLB for an order that would prevent Canadiens ownership from locking players out after Sept. 15, when the CBA expires.
Said NHLPA spokesperson Jonathan Weatherdon by email Sunday:
“The (Canadiens) players, through their Montreal-based lawyer, Michael Cohen, sent a ‘cease and desist’ letter to the owners of the Canadiens and to the NHL on Friday, Sept. 7. Unless they cease their threats to lockout, the players will make an application to the Quebec Labour Board this upcoming week seeking to stop the Canadiens from locking out their players.
“If the Quebec Labour Board agrees,” Weatherdon added, “it could order the owners of the Canadiens not to lock out the players or to end a lockout in Quebec if one has started.”
Donald Beauchamp, the Canadiens senior vice-president of communications and community relations, said Sunday night that the club would have no immediate comment on the developments.
Canadiens forward Erik Cole, the alternate NHLPA representative on the Habs (Chris Campoli is the main rep), said by email:
“The players are committed to reaching a fair deal with the NHL owners through CBA negotiations and we have told the NHL that the players are willing to continue to negotiate if an agreement isn’t reached prior to the expiration of the CBA.
“The NHL seems content to lock out the players if an agreement isn’t reached this week,” Cole added, “and we would like the Quebec Labour Board to step in and inform them that their lockout would be in direct violation of the Quebec labour laws.”

[Yzerfan]

Well played NHLPA, well played!!!

[Fred Bear]

It might help the players in Quebec, but I doubt they can affect a league wide lockout since they would have no legal jurisdiction elsewhere. They may also face problems since they allowed the previous lockouts to occur setting a precedent that condones the NHL's actions and the treatment of the players as members of an acknowledged union. It would be an interesting loophole if it can work.

An interesting dilemma might occur as well since the way salary escrow works, a percentage of player salaries are paid into escrow until the final revenue numbers are determined. Even if the Canadiens can't lock out their players and are forced to pay them, they may get the money back since no revenue would be generated during the lockout without a CBA in place.

[Yzerfan]

It might help the players in Quebec, but I doubt they can affect a league wide lockout since they would have no legal jurisdiction elsewhere. They may also face problems since they allowed the previous lockouts to occur setting a precedent that condones the NHL's actions and the treatment of the players as members of an acknowledged union. It would be an interesting loophole if it can work.

An interesting dilemma might occur as well since the way salary escrow works, a percentage of player salaries are paid into escrow until the final revenue numbers are determined. Even if the Canadiens can't lock out their players and are forced to pay them, they may get the money back since no revenue would be generated during the lockout without a CBA in place.

Hey, quit smashing my hopes and dreams!! This is David vs. Goliath and in my mind David just picked up the pebble!!

Haha, in all seriousness, I hope that both sides can agree upon something quickly. I'm getting a bit anxious here!!

[RGM81]

Josh Gorges is presently doing a conference call for the NHLPA regarding the labour board challenges in both Quebec and Alberta. By the sounds of things being posted by media folks on Twitter, he is awesome.

Will have a link once they get it posted.