| Subject: Re: These players are evil!!! |
Author:
Anonymous
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Date Posted: 00:17:55 02/11/05 Fri
In reply to:
sh
's message, "Re: These players are evil!!!" on 16:41:25 02/10/05 Thu
Probably not, but I'd like them to. The reason why replacement players probably won't play are varied. In order to get that, the league would have to file for impasse in their negotiations claiming that they had negotiated in good faith with the union but that the union was being unreasonable and wasn't having it. If the courts agree with them, that would bust the union and they would be allowed to have replacement players. However, there are a number of problems with this:
1) Labor laws are federal in the US and provincial in Canada, as such, the league would have a great deal of work and expense on their hands arguing their case in five different courts. 2) If any of those courts disagreed with them, then there's no replacement players in their jurisdiction and there would probably be all manner of discontent if a season went off without hockey in, say, Alberta and Ontario. 3) Though they would probably be successful in the US seeing that union busting has been all the rage for the last 20 years, the Canadian courts are far more labor friendly and would be reluctant to side with the NHL. 4) The NHL might have difficulty arguing that they negotiated in good faith seeing that they haven't made many, or any serious concessions the likes of the players' 24% pay cut. 5) Both the US and Canada have laws on the books preventing the immigration of workers whose sole purpose is to become replacement workers, as such, only Americans could play for the US and vice versa.
So as you see, there are a number of daunting challenges awaiting the NHL if they want to make the replacement player move. This is why they've made more of an economic attempt to break the union than a legal one. Not only would the legal method be expensive, time consuming, and fraught with the possibility of failure, if they do fail, it gives the union the upperhand, both legally and in terms of public relations.
Too bad though, I would dearly love to see these players loose their jobs to a bunch of bush leaguers just as those bush leaguers are loosing their jobs to NHLers right now. That would indeed be sweet.
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