No End in Sight for NHL Lockout.

It has been almost two weeks since the NHLPA and the NHL last met for CBA discussions resulting in no net progress, which prompted the union to authorize a vote in order to file a disclaimer of interest or quick decertification of the PA against the NHL. The Union voted in favor of the disclaimer, but has until January 2nd to formally use the charge against the league. However, the League has filed as preemptive strike an unfair labor practice charge against the NHLPA with the National Labor Relations Board citing negotiating in bad faith. A "Disclaimer of Interest" does not officially threaten the NHL Season as much as "Decertifcation" does. Decertification means that each individual player can file an antitrust lawsuit against the NHL which could take 6-8 months to resolve within the court system and would thus cancel the Season. A Disclaimer usually means the Union is disbanded and acts a Trade Association, but it can still negotiate while filing antitrust acts against the League.

Disclaiming as a union could prove to be too much of a risk for the NHLPA, because should they lose their case, the NHL could void all existing contracts if the lockout is deemed legal or it can go back to a 43-57 revenue split or as low as 37-63 revenue split for the players. Last year during the NBA Lockout, the Union filed a disclaimer of interest against the Owners, which then led to a deal 11 days later. The NBA Season got underway on Christmas Day. While, the NHL has not formally set a drop-dead-date for a CBA to be reached its seems likely that if there is not CBA by January 14th, the season could be all but lost. The NHL last week canceled all games thru the 14th of January, but it could extend the deadline to as late as January 22nd, or worst case scenario February 1st.

The NHLPA and NHL have been in touch informally for the most part during this lockout, but in the past two weeks, the contact has been minimal leading everyone to suggest that this thing can get out of hand and go through the court system. However, it is expected that both sides could meet by the end of this week or early next week in order to try and find someway to save the season. Both sides might actually need to make one last concession in a big way. Its unlikely the NHL will budge off the 10 year CBA proposal, but might extend the contract lengths from 5 to 7 years and 8 year to re-sign its own free agents, but no more. Question now is, Will that create any progress? There is also widespread calls for Gary Bettman to be removed as NHL Commissioner once the lockout ends and even if there is a season. My guess is that this is not to far from the distant future. Regardless, now both sides must find a way to meet despite the very difficult circumstances. Not meeting will not produce a CBA, but further increase a stalemate.

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