Skip to content
Link copied to clipboard

NHL lockout enters new arena: Court

BUZZING hockey cathedrals. Or boring courtrooms. Sticks and sweaters. Or gavels and robes. Stars enforced by knuckles. Or suits protected by security.

(David Duprey/AP file)
(David Duprey/AP file)Read more

BUZZING hockey cathedrals. Or boring courtrooms.

Sticks and sweaters. Or gavels and robes.

Stars enforced by knuckles. Or suits protected by security.

This week, with litigation in the air, we will have a better idea which way this 93-day NHL lockout is heading. The hope of a shortened season will either rest in the hands of the players or the hands of a federal judge in New York.

Beginning on Sunday, every NHL player was given access to a ballot to vote whether to give its executive board the power to file a "disclaimer of interest," which would dissolve their union in order to fight the legality of the lockout in court.

Votes will be cast electronically over a 5-day period that ends Thursday. Two-thirds of the union's membership must vote in favor for the "disclaimer of interest" to be filed.

The measure is expected to pass somewhat easily among the NHLPA's membership. Why? For one, it's a sign of solidarity. Not passing the movement clearly preferred by leadership - also known as NHLPA executive director Donald Fehr - would be a huge win for the league.

More importantly, a vote to allow the possibility of the filing of a "disclaimer of interest" is just that. A possibility. Clearly, not all 750 players see this lockout shaping up the same way, especially those who see the light at the end of their careers and those living contract-to-contract.

If the measure passes, the 30-member NHLPA executive board would have until Jan. 2 to file the disclaimer. It doesn't mean that it has to be filed. If Jan. 2 passes, the disclaimer is still a possibility, it would just have to be voted on again.

The disclaimer is simply a quicker alternative to completely decertifying the union, which is a lengthy legal process that could take weeks to accomplish.

The disclaimer or decertification has been rumored and threatened for nearly a month. Players have viewed the disclaimer as an option to try and scare or strong-arm the NHL into a better deal. Commissioner Gary Bettman acknowledged the possibility when serious talks broke off on Dec. 6 and basically said: "Go ahead and try."

How scared is the NHL? They aren't. They're lawyered up, backed by the pre-eminent sports and collective bargaining firm in the world in Proskauer Rose.

For proof, the NHL filed a 43-page class-action complaint in U.S. District Court on Friday in New York to seek a quick declaration from the court, which would essentially block the players' disclaiming efforts.

In the complaint, the league argued the players' association was only considering the "disclaimer of interest" to "extract more favorable terms and conditions of employment."

"The union has threatened to pursue this course not because it is defunct or otherwise incapable of representing NHL players for purposes of collective bargaining, nor because NHL players are dissatisfied with the representation they have been provided by the NHLPA," the NHL complaint said. "The NHLPA's threatened decertification or disclaimer is nothing more than an impermissible negotiating tactic, which the union incorrectly believes would enable it to commence an antitrust challenge to the NHL's lockout."

The NHL also filed an unfair labor practice charge with the National Labor Relations Board.

Flyers forward Scott Hartnell, a member of the NHLPA's executive board, was named as a defendant in the complaint. The complaint used tweets from former Flyers Matt Carle and Scottie Upshall to support their case, also citing a Daily News story from November about decertification.

Neither hard-headed side seems fazed by the other. The union is still voting for the possibility of a disclaimer even after the NHL's attempt to disarm the threat. It is all predictable - and somewhat still about optics instead of reality.

Somehow, both sides are willing to "die on a hill," to use NHL deputy commissioner Bill Daly's words, over the length of the new CBA and length limits on player contracts. Players have lost nearly $600 million in revenue; the owners have lost more than $1.3 billion in revenue.

Who blinks first?

After each side flexes their muscles on paper this week, to try and assure mutual destruction, both sides would be best served to reconvene negotiations and try to finally hash out a deal in person, rather than through process servers.

Slap shots

The Phantoms have lost three straight games (3-6-1 in their last 10) to drop to last place in the AHL's Eastern Conference. After jetting to third in league scoring, Brayden Schenn has netted just four points in his last eight games. Schenn, 21, has 25 points in 26 games and is Adirondack's leading scorer . . . Flyers defenseman Chris Pronger is helping coach the Mite "AA" team of his youngest son, George, in suburban St. Louis. Pronger, 38, is not a "locked out" player because of the injuries he suffered last season . . . Time is running out to support either Scott Hartnell or James van Riemsdyk in their head-to-head matchup to raise money for Hurricane Sandy relief. For more information, visit

The Canadian Press contributed to this report.