7:15PM: Dandenault adds “I still believe their will be season…just very tough negociation…”
6:50PM: Mathieu Dandenault sent out a tweet saying “The nhl and nhlpa talks r dead for now…look for the players to disclaim.”
Larry Brooks tweets “Belief within PA that Bettman/Batterman pulled bait and switch after initial disclaimer deadline passed.”
5:59PM:Elliotte Friedman and Pierre LeBrun both says that the NHL and NHLPA are willing to sign ten-year CBA agreements but the players want an opt-out after seven years and the owners want an opt-out after eight years.
Friedman adds that the NHL want the CBA to expire on June 30th but the NHLPA wants to keep the date at September 15th.
Friedman says that main reason for that is so “the NHL’s owners won’t be able to spend $199 million right before the CBA ends.”
Darren Dreger says that some members of the NHLPA are worried that the NHL is digging in and not willing to budge anymore not that the disclaimer of interest deadline has passed.
Eric Macramalla tweets “I warned here yesterday that once disclaimer deadline passed NHL might revert back to less favourable terms – may be happening. So second disclaimer vote may be necessary”
Friedman adds “On variance, NHL has proposed 60 per cent limit. Therefore, lowest salary of any multi-year deal must be within that amount of the highest.”
LeBrun says that the big issues continue to be pensions, length of player contracts and the salary cap for the second season of the CBA.
4:41PM: The vote will re-start tonight according to Renaud Lavoie of RDS
1:23PM: Darren Dreger says that the vote will happen with-in 48 hours
1:07PM: Nick Kypreos writes that the NHLPA may re-vote today to provide their executive board with the authority to disclaim interest.
Michael Grange tweets notes “If #NHLPA is still toying with Disclaimer of Interest, worth noting that the league’s position is: ‘we don’t care’ …. “
The NHLPA has not filed a disclaimer of interest according to Darren Dreger and Renaud Lavoie.
The deadline, which was created and impose by the NHLPA, was 11:59PM last night.
Bruce Garrioch tweets “If the union does take a second vote on disclaimer it won’t just be for show. They will go ahead. “
Pierre LeBrun says that the players will re-vote and file “soon” if a deal isn’t produced.
LeBrun writes at ESPN.com “In other words, the NHLPA didn’t use its big hammer Wednesday night, in the hope of trying to get past these final few hurdles in a deal, but that gesture of goodwill has a time limit. “
Nick Kypreos tweets that although only minor progress has been made, that progress was enough to bypass filing the disclaimer.
Gary Bettman said last night that the players union had never mentioned disclaiming interest to the NHL.
In an article written at CBC, Elliotte Friedman writes that we will have a very big indication on how the talks between the NHL and NHLPA are progressing as today is the deadline for the players to disclaim interest and dissolve their union.
He notes that if the players see the talks going in the right direction they are less likely to disclaim but if talks aren’t where the players want them to be but “if things devolve into a fugutive-style train wreck” the players will disclaim and the battle will leave the boardroom and head to the court room.
Darren Dreger just tweeted “To disclaim or not to disclaim…that is the question. PA exec board expected to have conf call today to decide.”
Darren Millard of Sportsnet just tweeted “Decision day in the lockout. Was the vote to authorize a motion to disclaim interest legitimate or a threat. NHLPA will determine that 2day.”
If the NHLPA doesn’t disclaim by 11:59PM tonight it doesn’t mean that they can’t do it in the future. The NHLPA will just have to vote again to give the executive board the power to file the motion.
As Scott Burnside notes, at ESPN.com, the two sides could continue to negotiate if the players disclaim and instead of having Donald Fehr represent them, they would have their legal counsel represent them. Fehr would most likely still be involved in the process through an “advisory” role. This is the route that the NBA took to finish their CBA talks last season.
At TSN, Eric Macramalla writes that if the NHLPA files a disclaimer of interest it needs to be done in good faith and not just as a play to get leverage in the CBA talks.
He writes “you need to look at the surrounding circumstances, including the conduct of the parties after dissolution, to determine if the union has really stopped representing the players. As was said in a case back in 1958, a disclaimer of interest is conducted in bad faith when it’s “obviously employed only as a measure of momentary expedience, or strategy in bargaining.”
The NHL, he says, is arguing that the NHLPA is just looking for leverage and once they get it they will re-group as a union and that the NHLPA execs will still be calling the shots.
He adds that judges may not be in favor of this based on the NFLPA and NBAPA filing disclaimers and then re-assembling their unions.
7:57PM: Chris Botta tweets “It’s hard to believe, and so sad, that the NHL is doing this to itself and its fans. No soul.”
7:38PM: Darren Dreger tweets “Vote providing PA authorization to file Disclaimer is one thing…filing the letter is another. The season is literally days from over.”
6:56PM Pierre LeBrun says that 706 players voted in favor of the disclaimer with only 22 voting against it.
In the NY Post, Larry Brooks writes of the NHL’s move on Friday to attempt to keep Donald Fehr representing the players and in the boardroom.
Brooks writes, “Stop and think for a moment. Here is the league that just over a week ago was doing everything in its power to keep Don Fehr out of the bargaining process, and is now going to court to ensure he continues to represent the players in the bargaining process.”
He adds, “for weeks now, the NHL has sent its messengers to deliver the message the NHLPA is not truly united behind Fehr and union leadership; that the players, left to their own decision-making process, would rush to accept whatever the league at the time had on the table.”
The players were told during their meetings with the owners in NY that bringing Donald Fehr back into the process would be a deal breaker.
If the players win their disclaimer of interest they can file an anti-trust lawsuit against the league.
Ward adds in a follow up tweet “No indication as to IF/WHEN vote even occurs.This is simply AUTHORIZATION. No more,no less. “
More on decertification and disclaimer of interest, HERE.
2PM: Chris Johnston tweets that the NHL BOG is ready for this fight.
Bruce Garrioch says “The NHL’s board of governors were told last week a disclaimer of interest has no merit and won’t be won in court.”
1:06PM: On twitter, Kypreos says “Not reporting a disclaimer of interest is coming. Just my opinion with #NHL showing lack of interest in closing a CBA deal”
12:56PM: On Hockey Central at Noon, on Sportsnet 590, Nick Kypreos says that the sense he is getting is that the players are going to take the first steps towards decertifying by filing a disclaimer of interest against the owners in the coming days.
Kypreos says that the NHL showed no reason over the weekend to think that they will negotiate.
THIS SECTION features many posts about decertification and disclaimer of interest.
At ESPN Insider, Craig Custance looks at who could be winners and who could be losers if the NHLPA files for decertification.
He notes that big market teams could be big winners since nothing would stop them from spending and hoarding the best players.
Players like Sidney Crosby and Steven Stamkos, among others, could sue to become free agents and it’s possible that based on court rulings, everyone could become a free agent.
Restricted free agents would no longer exist as they are determined RFA’s because of the CBA so Michael Del Zotto, Jamie Benn, PK Subban and more would be free to sign with any team that they wanted.
There would also be no draft and all of those players would be free to sign anywhere.
On decertification, Scott Burnside writes that only one word can describe what is likely to happen with the NHL “kaboom.”
He adds “Maybe the mere threat of such a potentially devastating move sparks the types of resolutions we saw in the NBA and the NFL. But if this lockout has taught us anything it’s that the obvious path, the right path, has been one that has been studiously avoided by both sides.”