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Thread: Disclaimer of Interest?

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    Default Disclaimer of Interest?

    http://www.tsn.ca/nhl/story/?id=411653

    Is anyone up to speed on what this means? I don't know.....
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    http://www.prosportsdaily.com/articl...st-753910.html

    While decertification is the players walking away from the Union, a disclaimer of interest is the Union walking away from the players.

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    The end game is basically the same thing but there are fewer hurdles. It's more complicated than this but in simple terms it's similar to decertification.
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    Looks like the players want the deal the owners are offering.

    This basically seems to show they don't agree with Fehr and what hes trying to prove. And basically are saving face for both them and the Fehr.

    They like the Owners last offer and will settle on the 5year contracts and 10 year CBA etc. (Ofcourse it may be slightly different.

    I'd Expect a deal done very soon. Unless there is more to it then were being lead to believe.

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    Looks like the players want the deal the owners are offering.
    I think it's actually the opposite of this - disbanding the union (either through decertification or through a disclaimer of interest) has the legal effect of making all the players independent contractors and eliminates the legal construct to which a CBA is applied. Antitrust lawsuits against the league by many individual players would follow.

    No NHLPA = no CBA.

    Disbanding the union, and the legal fight it would prompt, means the season is completely toast.


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    i really see this as just another bs ploy that has nothing to do with actually getting a deal done and everything to do with smoke and mirrors...

    cause we all know the union is never going to disband in reality, even if they wanted to...

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    Quote Originally Posted by InnocentBystander View Post
    i really see this as just another bs ploy that has nothing to do with actually getting a deal done and everything to do with smoke and mirrors...
    Thats what I thought at first as well....a leverage play.

    Quote Originally Posted by fantasyhockeygeek View Post
    Disbanding the union, and the legal fight it would prompt, means the season is completely toast.
    Does it not also mean that if it goes through all the players are free agents???
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    Fehr himself said last week that they were close to a deal and yet instead of taking NHL's proposal for the membership to vote, they vote on disbanding the union.

    Yeah, this is what it's always been - a union who doesn't want to make a deal. Or I should say union leadership who doesn't want to make a deal.
    Last edited by Carcillo; December 14, 2012 at 2:07 PM.
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    Quote Originally Posted by Hybrid View Post
    Does it not also mean that if it goes through all the players are free agents???
    No one knows. There's no precedent on that. NBA argued last year that all contracts would be null and void but in the end it would be up to courts to decide. We'll never get to that point.
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    Quote Originally Posted by Carcillo View Post
    Fehr himself said last week that they were close to a deal and yet instead of taking NHL's proposal for the membership to vote, they vote on disbanding the union.

    Yeah, this is what it's always been - a union who doesn't want to make a deal.
    The NHL isn't innocent in this.

    They're close, but NHL won't budge. Seriously, look at everything that has happened in all of these negotiations - what has the NHL actually given?

    The NHLPA has continually moved closer to the NHL's position. They're close, but now the NHLPA is saying they aren't giving anymore. The disclaimer is the nuclear option, and this is one of the last bids to get the NHL to give something themselves.
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    Setting up the play.

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    Quote Originally Posted by fantasyhockeygeek View Post
    Disbanding the union, and the legal fight it would prompt, means the season is completely toast.
    Last year in NBA there was a deal on a new CBA about 10 days after NBAPA disclaimed interest to disband the union. So it wouldn't necessary mean that. Depends on how the league would react to it.
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    D: Schultz, Gelinas, Bortuzzo, Gryba, Beaulieu, Koekkoek, McCabe, Johns
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    Quote Originally Posted by thatbirdguy View Post
    The NHL isn't innocent in this.

    They're close, but NHL won't budge. Seriously, look at everything that has happened in all of these negotiations - what has the NHL actually given?

    The NHLPA has continually moved closer to the NHL's position. They're close, but now the NHLPA is saying they aren't giving anymore. The disclaimer is the nuclear option, and this is one of the last bids to get the NHL to give something themselves.
    I never said NHL is innocent.

    But I don't see a reason why NHLPA shouldn't vote on NHL's proposal and if they reject it, then do this. I guess the contract term limit of 5 years (7 for own players) is also a hill the PA is willing to die for. So they're killing each other on the same hill.
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    Quote Originally Posted by thatbirdguy View Post
    The NHL isn't innocent in this.

    They're close, but NHL won't budge. Seriously, look at everything that has happened in all of these negotiations - what has the NHL actually given?

    The NHLPA has continually moved closer to the NHL's position.
    If franchises aren't successful the NHL can't really move towards the players....the franchises would be more unsuccessful...thats not an option because then there are franchises lost. Which means less jobs for the players....that can't be good for the NHLPA....

    The players aren't exactly living on the poverty line here....IMO they need to move toward something that makes all franchises successful. (and this includes some of the big dog franchises making some sacrifices, and I think that the 5 year contract limit works against these big dogs) To me that protects more players than what they want now.

    I am all for a smaller league with less teams. I think it grew too fast to markets that can't support them.....but before someone tells me that the teams should have stayed or gone to Canada....do you remeber the league before the salary cap....and with the US dolar the way it was do you remeber how the canadian teams struggled?

    I don't think Bettman has been the complete devil or the complete golden boy....but adaptations have to be made sometimes. If he ever did give in to the public and say...OK I screwed up, lets get rid of the teams inthe south that aren't succeeding, .....I never should have done that.

    That changes some millionaires lives.....he made a lot of players rich by adding the teams he added.
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    Quote Originally Posted by fantasyhockeygeek View Post
    I think it's actually the opposite of this - disbanding the union (either through decertification or through a disclaimer of interest) has the legal effect of making all the players independent contractors and eliminates the legal construct to which a CBA is applied. Antitrust lawsuits against the league by many individual players would follow.

    No NHLPA = no CBA.

    Disbanding the union, and the legal fight it would prompt, means the season is completely toast.
    Oh so they are decertifying then?
    In that case me wonders if the same thg that happened in NBA happens here.

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    Decertifying = disbanding the union by the players saying "union management doesn't represent us". It's a complicated legal path to do it.
    Disclaiming interest = disbanding the union by leadership saying "we no longer represent the players". Simpler to do legally.

    The net effect is the same: no union for the NHL to negotiate with; no entity who can countersign a CBA.

    The basketball player's union never actually disclaimed interest -- they just voted on their intention to pursue that path. In order to prevent that from happening, the NBA and the players got a deal done.

    If the NHLPA disbands (not just votes their intention to pursue that course) then it blows up the league. No union means no CBA. The contracts are all governed by the CBA, which has the effect of letting the NHL (and players) establish marketplace rules that are different from the open markets (as defined by law) in the US and Canada. Disbanding the union would lead to all sorts of headaches and legal wrangling, which would blow up the season.

    In short, this is the NHLPA's counter-threat to the NHL cancelling the season.

    NHL: we're going to cancel the season if you don't come around and deal?
    NHLPA: oh yeah? we're going to blow the whole thing up if you cancel the season.


    Lots of legal arguments as to what might happen (NHL suspending operations to fend off antitrust suits, etc) but the truth is it's all without precedent.


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