Cult Of Hockey
Oilers, Flames players, NHLPA contest legality of NHL lockout
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After Alberta Labour Relations Board chair Mark Asbell sat through more than 10 hours of arguments from the NHL and the NHL Players’ Association on Friday, he elected to reserve his decision.
At the core of the dispute is the viability of the Alberta Labour Code and whether it applied to the NHL lockout, specifically the Edmonton Oilers and Calgary Flames.
“This will come down to a legal interpretation of the Alberta Labour Relations Code as it relates to the situation we find ourselves in,” Bill Daly, the NHL’s deputy commissioner, said Friday. “I don’t anticipate this whole proceeding having any impact on what’s going on with bargaining.”
A total of 21 Oilers and Flames players, as well as the NHLPA, filed on an application to the board contesting the legality of the lockout. Lawyer Robert Blair argued that the league did not follow provincial protocol before locking out the players.
“No one gets to choose which labour laws apply to them in this province,” Blair said. “The Oilers and the Flames are Alberta-based businesses.
“When in Rome, you have to do as the Romans do.”
The NHL, who presented Daly as the day’s only witness, is seeking a dismissal on the grounds that the provincial code does not apply to the relationship between the NHL and the NHLPA.
“For the league to operate as intended, it has to have a common set of rules,” said NHL lawyer Peter Gall. “(The NHLPA) is trying to apply the code where it was never intended ... It’s hindering the collective bargaining process. It’s a tactic.”
The NHL also stated that the players didn’t employ the code during their 10-day players strike in 1992.
Under Alberta labour law, a strike or lockout vote is required and it can only be held after board appointed mediation. A 14-day cooling off period is also required.
The NHL started the application process back in August, a process the NHLPA challenged on technicalities. On the eve of the hearing, the NHL pulled its file.
“Our lawyer made our position very clear,” said Daly, “We’ve had a long-standing collective bargaining relationship that has not been governed by the Alberta labour code.
“(And) we’ve tried, historically, to try to respect all of the provincial labour codes in terms of our collective bargaining relationships, in our relationship with the NHL Players’ Association.
“We’ve always tried to immunize our actions by essentially checking the boxes and all the codes, making sure we’re compliant to the extent we can be.”
Meanwhile, on the collective bargaining agreement front, Daly said the two sides will likely talk this weekend, but do not have a formal negotiating session scheduled. The CBA expired on Sept. 15, triggering the league-imposed lockout. Friday was to be the start of Oilers training camp. Instead, Devan Dubnyk, Eric Belanger, Sam Gagner, Ryan Jones, Ryan Smyth, Jeff Petry and Nick Schultz sat through the morning session as spectators. The Oilers did not return after the lunch break.
“Unfortunately, it is what it is,” said Daly, who will be back in a hearing room on Oct. 15 for a case that’s before the Quebec labour board.
“We’re involved, so we’ll have to participate,” he said. “If we ever find ourselves in a position where we have a declaration from this board that the lockout is illegal, we’ll have to explore our options at that point.
“I don’t think at the end of the day it’s going to have any practical significance in terms of how we resolve our collective bargaining issues.”