Wanna blog? Start your own hockey blog with My HockeyBuzz. Register for free today!
 

The Big Misconception

December 16, 2012, 2:12 PM ET [79 Comments]
Travis Yost
Ottawa Senators Blogger • RSSArchiveCONTACT
Make sure to follow Travis on Twitter!
--

If there's one misconception over the NHL's class action complaint in preparation for an inevitable NHLPA disclaimer of interest, it's that taking the battle from collective bargaining to the courtroom has diminished or entirely eliminated the potential for a 2012-2013 regular season.

The season, in some ways, is in jeopardy. To ignore that is to ignore the reality that right now, it's a forty-eight game regular season or bust. The two sides have tried -- and failed -- to reach a new collective bargaining agreement, and with an implied drop-dead date somewhere in January, time is running out.

I take a bit of umbrage with the doomsday-mentality employed by some in the media though, mostly because it's either entirely disingenuous or ignorance of what the NHL and NHLPA complaints actually mean. TSN's Darren Dreger has been guilty of this as any, continually suggesting since mid-September that any move by the NHLPA to decertify or disclaim interest would take things into a nuclear winter. Part of this may be a misunderstanding in practice of how the two are implemented.

I pointed out yesterday (and perhaps every day prior) that the NHL is running a parallel script to that of the NBA last year, the latest example including a preemptive complaint seeking the legality of the lockout in the state of New York. The main point I tried to get across was that although the landscape of labor warfare changed, the incentives for settlement have not.

That, above all else, is the most important takeaway from developments this weekend. There's a lot more periphery, with lawyers and suits and enough legal posturing to nauseate the common fan. But, it has not -- and will not -- act as a deterrent for the NHL and NHLPA to negotiate on a potential settlement, much like the NBA and NBPA did eleven days after litigation in their sport manifested.

If the two sides miss a season, it's because they couldn't overcome divisive contract issues -- not because the two sides gave up in December and decided to try and win a lengthy fight in front of a jury years down the road. The NHL's complaint, and the NHLPA's future complaint, are sideshows; nothing more, nothing less. At some point, Gary Bettman and Donald Fehr will pick up the phone and again try to reach settlement prior to the loss of a regular season, no different than what would've occurred if the NHL opted not to file its Complaint in NYS, and no different than what would've occurred if the NHLPA decided not to disclaim interest.

In fact, in some ways, litigation may act as an impetus for both sides to pursue one more round of compromise, which may be enough. There's too much gray area risk for the NHLPA to try and win an uphill courtroom battle. And, the NHL, while confident the lockout is legal, is still unsure how third-parties could see their decision to shut doors to employees -- the NFL never received a ruling on lockout legality, nor did the NBA.

The situation might be dire, but it's been dire since the two sides imploded last week for no other reason than to squeeze one more deal out of the adverse party. Moves into litigation haven't changed the fact that settlement, as opposed to a lost season and a potential federal antitrust trial, is still the ideal -- and likely -- outcome.

Back with more tomorrow.

--


Thanks for reading!
Join the Discussion: » 79 Comments » Post New Comment
More from Travis Yost
» Wrapping Things Up
» Enforcer
» Random Thoughts
» Shot Coordinate Fun
» Any Room?