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WGR550>Topics>>12/17 Eric Macramalla, hockey lawyer, helps us explain decertification

12/17 Eric Macramalla, hockey lawyer, helps us explain decertification

Dec 17, 2012|

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Automatically Generated Transcript (may not be 100% accurate)

But I think mention there were developments over the weekend with the NHL we want to bring in Eric macro ballot Eric is a sports attorney and Ottawa we had a mother show a few weeks ago I thought he did a great job. Of taken what can be a really confusing issue and making it easy for people like me to understand. Late persons and I need him to help us out again Erica tower and sell high you don't Garrett at. So here's here's my question again without with no legal expertise by head -- the gonna explode -- -- -- with the NHL PA voting on the disclaimer of interest. With the NHL filing a lawsuit. Does any of this it does it mean it's easier or tougher to try to resolve the CBA get hockey this season. -- an article on TS and dot CA it'll last night and it's up and I ask myself that exact same question and the answer is. Definitely be yes no and -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Here here here is that located at the -- -- a -- a lot of new York and I was saying about a month ago that. If I'm the NHL -- file a lawsuit yesterday I do it in new York and I do it first that's for -- that because Intel wants to secure. A -- my -- home court advantage there -- New York. A judge in York is more likely to side would bend in the players say judging California then the the players will dissolve their team disclaim interest maybe they'll file lawsuit. Right now I don't see talks. Being accelerated toward settlement however once the players at the players to dissolve the about a lawsuit. Then conventional wisdom would suggest. That the better chance to this thing getting -- in the short term you look at the NBA. The NBA locked out players. They filed a lawsuit in August went against the players and then the players expenditures are -- November 14. Twelve days later after the filed a lawsuit twelve days later. The NBA the players agreed to a new CBA so in theory it can help but here's the thing guys I'm saying this politely. These BBA talks have been filled with surprises -- So the only certainty here's really uncertainty we don't know how things are gonna unfold but lawsuits if the introduction of antitrust litigation. That should apply pressure on the sides. To get this done. So delete files a lawsuit the players vote on disclaimer of interest of the lawsuit stop the disclaimer of interest process from going through. No it it doesn't -- NHL's filed a lawsuit. It's actually in anticipation. Of the NH LP disclaim interest to work better terms just dissolving itself. PD the NH LP will blow itself up or dissolve itself because you want -- the players' reluctance to important person -- person that's for. Is had a lock out declared illegal and the reason a block of illegals because you know of the position as you have the thirty RCA charge competitors. And competitors can't get together and decide to do something you know they can't fix the marketplace blocked out is one of those price fixing -- -- -- -- -- that you can't do. And anticipation of that the NHL father a lot less conjecture as they look. Please rubber stamp the lock out -- it's legal even before they blow themselves up that's why the NHL. Arnold and -- if you file a disclaimer of interest and basically. As you explain it to -- the NH -- the NHL PA that's means the NHL PA is walking away from the players. That's right at the -- of interest. Is one dollar -- -- -- that is NHL PA tenth NHL PA letterhead or writes letter to Gary Bettman -- -- -- NHL PH had decertification the other term. It on the players walk away from the union and that's kind of a more robust process evolved like really former hole. What's called -- decertification election that it takes a lot longer to about 4560 days. But a disclaimer of interest to -- the NFL PA did and the MBTA did they do it because it's almost instant. I don't support this letter this morning and the afternoon. The NB HL players nor has filed a lawsuit in a place like California whose primary interest is different decertification. But both of them have the same net result you blow up the union. And you start soon. Why would they allow. The disclaimer to go through if clearly once this thing is settled the union will reform. And that's precisely would get killed are going to call this sham argument. That they were the only reason. The NHL PA is disclaim interest is to extract leverage in the negotiations and second they get what they want. Just gonna read former reconstitute the union I think a look at disclaimer of interest the very serious thing you know. Dissolving a union as -- something that you do lately -- very dramatic move edit it shouldn't be done. Just to gain leverage in negotiations. If that's the motivation. And that's bad faith bargaining and you know what guys bats with bargaining under US labor law is unlawful so that's in Intel positioned its attempt. I'm at a closed -- by circling back to the top what you told me yes no or maybe. It does this mean they'll get do you think. There was no contact over the weekend there are no talks scheduled at this point do you think. At the very least -- change the questions at the very least does that mean the two sides will start talking again this week. I think this side will start talking -- getting personality entail PA's move. That is to disclaim interest and file a lawsuit with the NBA players did. Once that's done this guy's gonna start talking answered talking seriously once again look if you told me to be no hockey by American Thanksgiving we -- -- discussions ever. Probably shaking hands and clapping for good measure I mean look guys that are obvious there is a compromise here at the fact that decide to start playing hockey is. Bizarre to put it -- so it's still how does -- profile for settlement and a profile for settlement in the short term. So logic would suggest. This is going to get -- in the short term but the problem is logic. And been on vacation. So there are shield all right Erik as always thanks for clearing up everything up force -- and thanks again for coming ominous to the problem red sticker.

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