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.