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NHL Lockout With Your Cock Out |OT|

Proof you haven't been watching this hilarity; especially the last 2 weeks.

You realize that a ULP needs a specific statutory hook right? I'm talking about from a legal perspective. This type of thing isn't commonly litigated since most unions aren't trying to decertify for antitrust purposes....

Tell me, professor, what do you think the legal theory will be?
 

Cake Boss

Banned
LAWYER FIGHT.

0.jpg
 

Cat Party

Member
You realize that a ULP needs a specific statutory hook right? I'm talking about from a legal perspective. This type of thing isn't commonly litigated since most unions aren't trying to decertify for antitrust purposes....

Tell me, professor, what do you think the legal theory will be?

I'm pretty sure a disclaimer of interest is considered bad faith bargaining if it is being used as a tactical maneuver to avoid labor laws, which is literally what the PA is threatening to do. It's like any other legal "sham" move and can be ignored.
 

MutFox

Banned
So much hope on this page...
The nope crowd just seems they don't like hockey as much...
Crucify Me! you're already negative enough! :p
 

DopeyFish

Not bitter, just unsweetened
You realize that a ULP needs a specific statutory hook right? I'm talking about from a legal perspective. This type of thing isn't commonly litigated since most unions aren't trying to decertify for antitrust purposes....

Tell me, professor, what do you think the legal theory will be?

Basically because its a lockout, a disclaimer of interest is to end the lockout instead of bargaining.

That's why NHL has taken this to court, because the NHLPA has barely done any negotiating and before voting on any offer - whether through the 30 team representatives (which oddly don't represent all 30 teams) or through majority of membership they go right to DOI. There is plenty of other things the NHLPA did like not going to the meeting table until the lockout was basically upon them... Which can be shown as an intentional disruption to the business... As well as things like bringing the exact same proposal to the nhl multiple times in a row, calling in mediators to delay an ongoing process... Then calling in mediators again for show, not because they were willing to bend in any way. They made a mockery of the process while the NHL has acted in good faith.

So nhl will take to court to prove the lockout is legal to void any upcoming disclaimer of interest as its a ploy to either make the nhl bend to their whims or to screw the way the nhl operates up
 

DopeyFish

Not bitter, just unsweetened
what the hell??

Oh yeah

Forgot there's also NHLPA bullying its members (hamrlik anyone?) or not representing the entire union body - NHLPA has been all for the rich of the rich

Both are unfair labor practices but more on players side and not on nhl-NHLPA side
 

Socreges

Banned
So much hope on this page...
The nope crowd just seems they don't like hockey as much...
Crucify Me! you're already negative enough! :p
Does it actually seem that way? AFAIC, Nope is for those that don't like being duped day-in, day-out by a twitter media that thrives on putting out half-baked speculation as insider information and a negotiation process that is 99% smoke and mirrors.

I'm definitely not stupid enough to believe that a half-season is impossible, nor cynical enough that I wouldn't love for NHL hockey to return ASAP.
 

Stasis

Member
I'm pretty much fully anti-NHLPA at this point. I want hockey back now, but part of me really just wants them to get screwed over pretty badly.

There. I said it.
 

MutFox

Banned
Does it actually seem that way? AFAIC, Nope is for those that don't like being duped day-in, day-out by a twitter media that thrives on putting out half-baked speculation as insider information and a negotiation process that is 99% smoke and mirrors.

I'm definitely not stupid enough to believe that a half-season is impossible, nor cynical enough that I wouldn't love for NHL hockey to return ASAP.

I'm just hoping the NHL returns this season...
It's not like I don't have a life, I just hope it returns this season...

Happy the WJC is on soon though... :p
 

Stat!

Member
Oh yeah

Forgot there's also NHLPA bullying its members (hamrlik anyone?) or not representing the entire union body - NHLPA has been all for the rich of the rich

Both are unfair labor practices but more on players side and not on nhl-NHLPA side

Not entirely fair. Why is Westgarth and Hainsey taking an active role? They know, if the stars get more, it trickles down.

For example, if the salary cap is higher, then all the salaries increase by a little bit more. If Parise gets a higher contract in terms of years, then everyone else gets a bit more.

Hamrlik is a 38 year old on his last year of his contract. He couldn't careless about the CBA (which is why he is back home) because he won't be in the NHL by year 2 or 3 of the new CBA. So he knows that whatever the deal is, he'll still get paid. But if he loses 3.8 million this year, he won't earn that money ever again.

Read this article on why its important that stars get higher contracts. You can read a quote from Hainsey on his UFA status during his UFA year. He sat fourth in line behind Campbell, Redden and then Rosival. He gets less money depending on how much guys ahead of him get.

Detroit used to sign everyone to reasonable contracts because Lidstrom/Datsyuk were making 6 million and Holland would say "Surely, you aren't better than those two."

This article does a good job of explaining it as well. "How Parise signing for 13 years is good for Kyle Brodziak"


While I don't agree with the NHLPA in terms of what they've done, I can see why these are big issues. The salary cap will assuredly go down for the next few years. Players, who have a very short career length of 8-10 years if they are lucky, are trying to earn the most that they can. Guys who aren't stars will earn less if the higher guys earn less. That's why they don't want contracts limited by 7 years especially since NHL contracts are guaranteed aside from being bought out.
 
Or they are taking ridiculous tweets, some of which are threatening Bettman, trying to suppress hamrlik?

They are still union members

Tweets threatening decert/disclaim are highlighted I'm sure.

Not entirely fair. Why is Westgarth and Hainsey taking an active role? They know, if the stars get more, it trickles down.

For example, if the salary cap is higher, then all the salaries increase by a little bit more. If Parise gets a higher contract in terms of years, then everyone else gets a bit more.

Hamrlik is a 38 year old on his last year of his contract. He couldn't careless about the CBA (which is why he is back home) because he won't be in the NHL by year 2 or 3 of the new CBA. So he knows that whatever the deal is, he'll still get paid. But if he loses 3.8 million this year, he won't earn that money ever again.

Read this article on why its important that stars get higher contracts. You can read a quote from Hainsey on his UFA status during his UFA year. He sat fourth in line behind Campbell, Redden and then Rosival. He gets less money depending on how much guys ahead of him get.

Detroit used to sign everyone to reasonable contracts because Lidstrom/Datsyuk were making 6 million and Holland would say "Surely, you aren't better than those two."

This article does a good job of explaining it as well. "How Parise signing for 13 years is good for Kyle Brodziak"


While I don't agree with the NHLPA in terms of what they've done, I can see why these are big issues. The salary cap will assuredly go down for the next few years. Players, who have a very short career length of 8-10 years if they are lucky, are trying to earn the most that they can. Guys who aren't stars will earn less if the higher guys earn less. That's why they don't want contracts limited by 7 years especially since NHL contracts are guaranteed aside from being bought out.

The problem with this argument is that it primarily uses back-diving contracts as it's defense.
 
I'm pretty sure a disclaimer of interest is considered bad faith bargaining if it is being used as a tactical maneuver to avoid labor laws, which is literally what the PA is threatening to do. It's like any other legal "sham" move and can be ignored.

That's what I figured, but the issue is I don't see how you can call decertifying to file a legitimate case bad faith. It's a due process thing. The PA can't make that case unless they decertify. It's legitimately an interesting legal question to me.
 
On the Prince / Nieves bit of the ULP:

hfboards said:
Nothing. It seems like the NHL named players of different statuses.

Eaton: Current UFA
MDZ: Current RFA
McDonagh: RFA after 2012-13
Nieves: Prospect drafted by NHL team who isn't signed yet.
Prince: Prospect on ELC
 

Stat!

Member
The problem with this argument is that it primarily uses back-diving contracts as it's defense.

Not entirely (although if you can provide a source from you with the NHL or NHLPA on why they shouldn't care, I hadn't heard why). The NHL only wants limited contracts because a) contracts are only insurable for a max of 7 and b) prevents themselves from signing players to ridiculous deals that if they get injured or decrease in ability, they won't be screwed for another 5-6 years. Players offered 5% variance so they could keep length. But alas, they agreed to limited contracts but no number has been agreed upon.

Anyways, from a NHLPA perspective,

Think about this. If, hypothetically, Pietrangelo, UFA, signs a deal and gets 7 years. That is 7 years of a stable contract. He knows, for 7 years, he'll get paid. It's why some players are willing to give up money for term. It's why Maxime Talbot signed in Philly over Pittsburgh. Four years is huge to a 4th line guy.

So Shattenkirk, a UFA as well, sees this deal. All GMs see that Pietrangelo has set the market. He's the next best guy. But he won't see 7 years at all since everyone knows that Pietrangelo is a top pairing defensman and (for the sake of this argument) Shattenkirk is a solid #3 d-man. So Shattenkirk will only be offered 4-6 years. He signs for 4 years.

Now Kevin Westgarth, also a UFA, sees Shattenkirk signs for 4 years. He got traded to St. Louis before his UFA. The GM of St. Louis will say "well, we can't offer you 4 since you can see only #3 d-men get 4 years. We can offer you, since you are a #4-5 dman, 2 years maximum.

And down the list. Years are security. This is an important thing for players. I know that Jagr/Broduer, this summer, were offered better contracts in terms of money per year and Cup chances, but the reason they signed with Jersey and Dallas was because of the second year in case of a lockout. Players get bumped up or down depending on the highest range. For Crosby, he'll sign a max contract. He'll, barring injury, will be in the league till he's 40. Maxime Talbot probably won't be. But he gets four years since everyone else gets bumped up because there isn't a limit.
 

DopeyFish

Not bitter, just unsweetened
Not entirely fair. Why is Westgarth and Hainsey taking an active role? They know, if the stars get more, it trickles down.

For example, if the salary cap is higher, then all the salaries increase by a little bit more. If Parise gets a higher contract in terms of years, then everyone else gets a bit more.

Hamrlik is a 38 year old on his last year of his contract. He couldn't careless about the CBA (which is why he is back home) because he won't be in the NHL by year 2 or 3 of the new CBA. So he knows that whatever the deal is, he'll still get paid. But if he loses 3.8 million this year, he's done.

Read this article on why its important that stars get higher contracts. You can read a quote from Hainsey on his UFA status during his UFA year. He sat fourth in line behind Campbell, Redden and then Rosival. He gets less money depending on how much guys ahead of him get.

Detroit used to sign everyone to reasonable contracts because Lidstrom/Datsyuk were making 6 million and Holland would say "Surely, you aren't better than those two."

This article does a good job of explaining it as well. "How Parise signing for 13 years is good for Kyle Brodziak"


While I don't agree with the NHLPA in terms of what they've done, I can see why these are big issues. The salary cap will assuredly go down for the next few years. Players, who have a very short career length of 8-10 years if they are lucky, are trying to earn the most that they can. Guys who aren't stars will earn less if the higher guys earn less. That's why they don't want contracts limited by 7 years especially since NHL contracts are guaranteed aside from being bought out.

So how would players get more if stars would earn more while the nhl rebalances itself to be profitable? Would the players get more money if structured like the MLB or in a state of decertification?

The answer is... No. Money doesn't trickle down, just like how it doesn't with reaganomics.

The problem solely revolves around the players completely disillusioned notion that there's a lot more money floating around, which is downright false.

So any player that sides with that is fucking stupid.

Some bozo player might get an overpayment and stars will be paid more... But everyone else will get paid less.

I was just talking to an old NHL player no less than an hour ago who was livid that the players were going DOI route - and he played making $7500 a year - just outright pissed how downright destructive they are being

and no, I have no need to read articles because I have a pretty good understanding of how things work and work against each other.
 

DopeyFish

Not bitter, just unsweetened
@mirtle

Part of NHL's filing includes section requesting declaration that "all existing contracts between NHL players and teams would be void."


(As I suggested would happen if a decertification would occur)
 

Stat!

Member
So how would players get more if stars would earn more while the nhl rebalances itself to be profitable? Would the players get more money if structured like the MLB or in a state of decertification?

The answer is... No. Money doesn't trickle down, just like how it doesn't with reaganomics.

The problem solely revolves around the players completely disillusioned notion that there's a lot more money floating around, which is downright false.

So any player that sides with that is fucking stupid.

Some bozo player might get an overpayment and stars will be paid more... But everyone else will get paid less.

I was just talking to an old NHL player no less than an hour ago who was livid that the players were going DOI route - and he played making $7500 a year - just outright pissed how downright destructive they are being

and no, I have no need to read articles because I have a pretty good understanding of how things work and work against each other.

Okay, I wasn't sure. Because I presented two well-written articles with direct sources from NHL players themselves including one from Friedmann. But I don't even think you read my post because the logic works and is sound, and its why the NHLPA is fighting for longer contracts. They said it repeatedly on many occasions. You couldn't have read my post or you would have understand why players want longer contracts. Because if your #1 player gets 5 years, you aren't getting 5 years. Contracts work on comparables. It's why teams cringe when they see player X sign for that money because they know that they will have to offer that amount to be competitive.

It doesn't working in a government because businesses can keep money for themselves.

The NHL teams HAVE to spend the money. They have to spend a minimum salary to a max salary each year. On top of this, players have a maximum and minimum contracts they can earn in the NHL.

If Crosby gets paid 20% of the team's salary and all fourth liners get paid 5%. More money will go to the fourth liners. But if Crosby takes more of the pie, they won't get that money. For Crosby, he'll be paid regardless because of his percentage. But those fourth liners, who's careers are shorter will earn less money.

This is nothing like how government spending works. I mean, I can't believe you would think that. We have salary caps and max contracts. The salary has jumped by nearly 20 million in the last 7 years. The stars only get a percentage of that, but because of maximum length of deals, the weaker players are getting more as well. Look at how much Jody Shelley and Colton Orr got the last time they were UFAs. Over 1.0 million for fighters.
 
Not entirely (although if you can provide a source from you with the NHL or NHLPA on why they shouldn't care, I hadn't heard why). The NHL only wants limited contracts because a) contracts are only insurable for a max of 7 and b) prevents themselves from signing players to ridiculous deals that if they get injured or decrease in ability, they won't be screwed for another 5-6 years. Players offered 5% variance so they could keep length. But alas, they agreed to limited contracts but no number has been agreed upon.

Players did not offer 5% variance, the NHL did. The players offered:

For contracts seven years or longer, the lowest year salary must be at least 25% of the contract’s highest year salary.

So, essentially 75% variance.

Also, the second article is a defense of Parise's back-diving contract and how specifically it helps out the little guys.
 

Stat!

Member
Players did not offer 5% variance, the NHL did. The players offered:



So, essentially 75% variance.

You're correct. My point still stands about the years. I thought the NHLPA originally offered variance as a way to keep contract length open but I must have mistaken myself. Still, even with variance, contract lengths trickle down. It's a big deal. Players know that it will trickle down. That's how their deals are decided. A max contract length would only everyone.
 
@mirtle

Part of NHL's filing includes section requesting declaration that "all existing contracts between NHL players and teams would be void."


(As I suggested would happen if a decertification would occur)

From the NBA lockout:

In perhaps the most interesting -- and threatening, in its own way -- note in the lawsuit, the NBA asks the court to declare that should the NLRB fail to agree that the union's decertification (should it eventually happen) is a sham the NBA has the legal right to void all existing player contracts. That would be seen as "going nuclear" in terms of where the NBA lockout stands today.
 

DopeyFish

Not bitter, just unsweetened
Okay, I wasn't sure. Because I presented two well-written articles with direct sources from NHL players themselves including one from Friedmann. But I don't even think you read my post because the logic works and is sound, and its why the NHLPA is fighting for longer contracts. They said it repeatedly on many occasions.

It doesn't working in a government because businesses can keep money for themselves.

The NHL teams HAVE to spend the money. They have to spend a minimum salary to a max salary each year. On top of this, players have a maximum and minimum contracts they can earn in the NHL.

If Crosby gets paid 20% of the team's salary and all fourth liners get paid 5%. More money will go to the fourth liners. But if Crosby takes more of the pie, they won't get that money. For Crosby, he'll be paid regardless because of his percentage. But those fourth liners, who's careers are shorter will earn less money.

This is nothing like how government spending works. I mean, I can't believe you would think that. We have salary caps and max contracts. The salary has jumped by nearly 20 million in the last 7 years. The stars only get a percentage of that, but because of maximum length of deals, the weaker players are getting more as well. Look at how much Jody Shelley and Colton Orr got the last time they were UFAs. Over 1.0 million for fighters.

More like this:

NHL has revenue

The number one controllable in business is labor

NHL has expenses. Right now through CBA about 50% of fixed costs are handled before application of HRR- that's going to turn into 100% in a decertified environment.

So right now you have 20 teams losing money, yes?

Average out every team currently profits $5 mil per team. Teams need to be at bare minimum $15-20 million profit to be properly self sustaining. So you'd be looking at roughly 20 teams reducing their payroll by $20 million, another 5 reducing about $10 and 5 increasing their payroll upwards of $25 million

So that's a reduction of in between 15-20% in total league spending (potentially understating)

But now you have players like Crosby, stamkos, perry, ovechkin, etc making $15 million per year

Top end prospects like MacKinnon signed by a team for a stupid amount of money because people think they'll be the next Gretzky

What about any player on 3rd and 4th line? League minimum is no longer 550k or whatever it is. What about the middle players that now share a smaller portion of money thanks to NHL reallocation of money to become profitable and because the high end players are now earning more money?

That's why that article is bunk. It's horseshit. Look at MLB how the revenue and player expenses increased at alternating rates - and how they now earn the lowest share in all of pro sports

Oh those players must be getting paid super well because the stars get a stupid amount of money

Not so. It makes it look good right now because revenue kept increasing. What happens when a major correction occurs like what would happen in the nhl? System shock.

Any player not in the top 30 earners would lose- NO QUESTION
 
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