Buzz: The Players May Be Filing A Disclaimer of Interest

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.”

Buzz: Is The Disclaimer Of Interest Coming?

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.

Read: How The Rangers Could Win If The NHLPA Decertifies 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.”

Buzz: The NHLPA’s Next Step Is To File a Disclaimer of Interest

Friedman wrote today “Barring a breakthrough in mediation, it’s expected the NHLPA will begin moving in that direction very shortly. It can take effect immediately. It’s what the NBA did days before reaching a settlement last November.”

On the NBA disclaiming interest last year, Larry Coon wrote at that the NBAPA removed itself as the bargaining unit for the players and converted itself into a trade association.

Derek Fisher, the NBAPA president at the time said, “After two years of making an effort, we concluded that the process has not worked. We cannot get a fair deal.”

Coon adds “In utilizing a disclaimer of interest rather than an involuntary decertification, the players have chosen a timelier but riskier approach. The disclaimer will likely be challenged by the league as a “sham,” as the NFL did when faced with the disclaimer issued by the players’ association; the league argued that the dissolution was merely a negotiating tactic, and that the union was still representing the players’ interests.”

He adds that the big reason to do this is to gain leverage and flip the script, “But the real point of dissolving the union is to generate leverage. The players don’t really want to go all the way to trial — they want to settle. If the players win a major victory early in the case and the owners are forced to accept the prospect of a catastrophic result in court, then the players have gained real leverage.”

Read: Mediators Can’t Work Miracles

At, Lester Munson writes that mediation is the logical and reasonable way to end the lockout.

In the Globe and Mail, James Mirtle writes about how mediation was used during the NBA and NFL lockouts last year but didn’t produce any results.

He spoke with people who were involved in the mediation talks for those two leagues and who said that nothing could be accomplished because of how entrenched both sides were in their beliefs.

He spoke with one person who said that they worked to try and get mediation to work in the NBA and NFL but no progress or deals were made until the union decertified and lawsuits were started.

Scott Burnside writes at that one of the big things that the mediators will have to do is build trust between the two sides. He writes, “Maybe, just maybe, having a third party in the room will help release those toxins and the two sides can get down to the business of saving at least part of the 2012-13 season.”

Pierre LeBrun writes at that one of the main reasons mediation didn’t work in 2005 was because the NHLPA was still insisting on not putting in a salary cap. He notes that this time is different with the gap of only $182 million separating them in the make whole but emphasizes one point, “mediation only has a chance if both parties are open to the process.”

Read: The Players Should Decertify vs the Players Shouldn’t Decertify

At Sportsnet, Michael Grange spoke with prominent NBA agent Bill Duffy who said that he has no doubt that the NHLPA should decertify.

He said that they should have done it three months ago and that it’s the only way the players can get some power back  “It’s the only recourse the players have; otherwise the owners have an unfair advantage. The players should do it.”

Damien Cox sent out two tweets about decertification, saying:

  • If I was a player, I’d sure want to know how long decert process would take, and how much salary I’d lose while that is ongoing.
  •  If players want to sacrifice their massive gains from past 20 yrs by decertifying, then they must surely believe in their cause.

At the CBC, Dan Oldfield, the lead negotiator for the Canadian Media Guild says that decertifying would be a bad idea for them.

Oldfield says that “it’s not as easy as it sounds, and it’s not going to help the players settle their problems with the NHL.”

He says that if the players go through with this then we are talking about a process that will takes “years” and not “months” to go through the courts and get resolved.

Oldfield says that the solution is simple, “by far the best solution is the one that sits in front of the parties now. All the components of a new deal are on the table. Put the right people in the room. Stop swapping proposals, and talk about needs rather than wants.”

Elliotte Friedman has much more on decertification at CBC