NHL files complaint against NHLPA in court

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NHL files complaint against NHLPA in court,[link widoczny dla zalogowanych]
TORONTO - The focus of the NHL lockout is shifting from the bargaining room to the courtroom,[link widoczny dla zalogowanych].
A class-action complaint was filed by the league on Friday which asked a federal court in New York to make a declaration on the legality of the lockout - a pre-emptive legal manoeuvre that came with the NHL Players' Association moving towards dissolving,[link widoczny dla zalogowanych].
"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,[link widoczny dla zalogowanych], nor because NHL players are dissatisfied with the representation they have been provided by the NHLPA,[link widoczny dla zalogowanych]," read the NHL complaint.
"The NHLPA's threatened decertification or disclaimer is nothing more than an impermissable negotiating tactic,[link widoczny dla zalogowanych], which the Union incorrectly believes would enable it to commence an antitrust challenge to the NHL's lockout."
The NHL also filed an unfair labour practice charge with the National Labor Relations Board as the lockout took on a new look in Day 90,[link widoczny dla zalogowanych].
One constant is the fact that the sides don't see eye to eye. In a statement,[link widoczny dla zalogowanych], the union said the league was overstepping its bounds.
"The NHL appears to be arguing that players should be stopped from even considering their right to decide whether or not to be represented by a union,[link widoczny dla zalogowanych]," it read. "The players have concluded that they are on the verge of possibly deciding that it is better not to be a union and using the anti-trust laws to attack the lockout,[link widoczny dla zalogowanych], which all fans should be happy with because it'll work.
"I assume the fans would like the lockout to end,[link widoczny dla zalogowanych]."
By filing the class-action complaint in New York,[link widoczny dla zalogowanych], the league guaranteed that the legality of the lockout would be decided in a court known to be sympathetic towards management. If the NHLPA dissolves it will seek to have the lockout deemed illegal - something that could see players paid triple their lost salary in damages if successful.
With Kessler at the helm,[link widoczny dla zalogowanych], NBA players filed a disclaimer of interest while they were locked out in November 2011. Almost immediately,[link widoczny dla zalogowanych], the owners changed their stance on "maybe 15 or 20 different issues,[link widoczny dla zalogowanych]," according to Kessler.
A new collective bargaining agreement was agreed to within 12 days of the basketball union dissolving,[link widoczny dla zalogowanych].
Last week when NHL commissioner Gary Bettman fielded a reporter's question about the NHLPA decertifying,[link widoczny dla zalogowanych], he indicated that the union was more likely to pursue a disclaimer of interest. He also ensured the board of governors was brought up to speed on the issue when it gathered Dec. 5 in New York.
"The board was completely and thoroughly briefed on the subject,[link widoczny dla zalogowanych]," said Bettman. "And we don't view it in the same way in terms of its impact as apparently the union may."
Kessler believes that Bettman would have a different opinion after talking with NBA commissioner David Stern,[link widoczny dla zalogowanych], his former boss.
"Dave Stern said the same thing (that he wasn't worried about the union disclaiming interest) and we settled two weeks after the basketball players disclaimed,[link widoczny dla zalogowanych]," said Kessler. "So maybe commissioner Bettman should confer with his previous mentor on that."
The NHL's collective bargaining talks have failed to produce much progress,[link widoczny dla zalogowanych]. federal mediator in New Jersey this week and don't currently have any further talks scheduled,[link widoczny dla zalogowanych].
In its legal complaint,[link widoczny dla zalogowanych], the league cited the possibility of the NHLPA disbanding as one of the factors slowing negotiations.
"The Union's improper threats of antitrust litigation are having a direct,[link widoczny dla zalogowanych], immediate and harmful effect upon the ability of the parties to negotiate a new collective bargaining agreement,[link widoczny dla zalogowanych]," it read.
With each passing day,[link widoczny dla zalogowanych], the NHL inches closer to losing a second season to a labour dispute. All games through Dec. 30 have been cancelled and a new deal would need to be in place by mid-January to salvage a 48-game schedule,[link widoczny dla zalogowanych], the minimum Bettman says needs to be played.
Kessler thinks the odds of that happening will increase if the NHLPA dissolves,[link widoczny dla zalogowanych].
"This option has been available to the players all along,[link widoczny dla zalogowanych]," said Kessler. "The union made it clear that it was going to be a last resort so I think we can conclude that the usefulness of collective bargaining has about exhausted itself."
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