53. As in the cases of the NFL and NBA, the NHLPA's purported decertification or
disclaimer has no purpose other than to attempt to create bargaining leverage by misusing the
antitrust laws as a tactic to secure a more favorable collective bargaining agreement. This is
made abundantly clear by the numerous public statements made by NHL players in recent days:
(a) Ryan Miller told the Globe and Mail on November 22, 2012: "After
watching the other sport leagues go through labor disputes last year, it is apparent that until
decertification is filed, there will not be any real movement or negotiation. Many things in our
negotiation are very consistent with the NFL and NBA negotiations, and both of those leagues
filed papers necessary to decertify. . . . Decertification becomes part of the script . . . [and] is a
push back and should show we want a negotiation and a fair deal on at least some of our
terms."
(b) NHL player Andrew Ladd told the Winnipeg Sun on November 24, 2012:
"[NHL players] realize [moving to decertify is] one of our options and to be honest with you, I
think it would be a good one for us. At some point, you have to start fighting back. We don’t
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have much leverage. We know that they’re just trying to wait us out so we might as well try to
do something."
(c) NHL player Ray Whitney told ESPN.com on November 23, 2012:
"[Decertification is] going to have to be somewhat of a reality at some point . . . We have to
look at all our options to increase our leverage."
(d) NHL player and NHLPA Negotiating Committee member George Parros
told The Fan 590 AM (Toronto) on November 26, 2012: "[Decertification] is an option of ours
for sure. . . . [T]he idea is that it forces a deal to get done sooner. . . . We've been given a lot of
information about it."
(e) NHL player and NHLPA Negotiating Committee member Cory Schneider
told the Vancouver Sun on November 26, 2012: "The appetite for decertification is much
stronger than it was before. . . . As players, one of the only options we have to really apply a
little pressure on them and show them that we’re serious is to decertify. . . . We’ve seen that the
only way the other leagues got a deal done was that the unions decertified or started the
process."
(f) NHL player Marc Methot told the Ottawa Sun on November 26, 2012:
"[Decertification] can also put a little pressure on the owners to maybe settle on something a
little more reasonable. If it puts pressure on everybody to get something done, I’m all for it."
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(g) NHL player Daniel Alfredsson told the Ottawa Sun on November 27,
2012: "[Decertification is] one avenue for us to force their hand a bit at something. It’s pretty
much the only avenue to go if we want to do that."
(h) NHL player Jonathan Toews told CSNChicago.com on November 30,
2012: "[Decertification is] an option. . . . [A]t some point the players have certain negotiating
tactics that we need to use."
(i) NHL player Troy Brouwer told CSNChicago.com on November 30, 2012:
"Right now, [decertification] is a viable option for us. If nothing is going to push the owners to
even want to negotiate, maybe this will force their hand. . . . [Decertification is] definitely in the
dialogue."