In the LA Times, Helene Elliotte writes that after the NHL rejected the NHLPA proposal yesterday, the NHLPA is considering decertifying as a union and filing anti-trust lawsuits against the league.
She writes “Individual players could invoke antitrust laws and ask a federal court to end the lockout or sue the league for unfair business practices that are otherwise protected by a union-league relationship.”
This is a tactic that was used by the NBAPA and NFLPA during their lockouts in 2011.
James Mirtle writes in the Globe and Mail that the NBA signed a new CBA only 12 days after the union decertified.
Larry Coon wrote last year, about the NBA lockout, at ESPN.com, “Here’s the key to the whole process: This bargaining relationship continues to exist as long as the union is in place. If the players dissolve the union, the bargaining relationship dissolves with it. Without the bargaining relationship, the league is no longer shielded from antitrust laws. Much of the economic structure of the NBA — such as the salary cap, maximum salaries, rookie-scale salaries and the luxury tax — could be challenged under the antitrust laws as a form of price fixing if there was no union. The lockout itself could be challenged as a group boycott.”