Now the parties in lockout locking horns in court case

NHL files complaint against union tactic

TORONTO — The focus of the NHL lockout is shifting from the bargaining room to the courtroom.

A class-action complaint was filed by the league on Friday that asks a federal court in New York to make a declaration on the legality of the lockout — a pre-emptive legal manoeuvre that came with the NHL Players’ Association moving toward dissolving.

In the 43-page complaint, the league argued the NHLPA was only considering the action “to extract more favourable terms and conditions of employment.”

“The Union has threatened to pursue this course not because it is defunct or otherwise incapable of representing NHL players for purposes of collective bargaining, nor because NHL players are dissatisfied with the representation they have been provided by the NHLPA,” read the NHL complaint.

“The NHLPA’s threatened decertification or disclaimer is nothing more than an impermissible negotiating tactic, which the Union incorrectly believes would enable it to commence an antitrust chal- lenge to the NHL’s lockout.”

The NHL also filed an unfair labour practice charge with the National Labor Relations Board as the lockout took on a new look in Day 90.

One constant is the fact that the sides don’t see eye to eye. In a statement, the union said the league was overstepping its bounds.

“The NHL appears to be arguing that players should be stopped from even considering their right to decide whether or not to be represented by a union,” said NHLPA spokesman Jonathan Weatherdon. “We believe that their position is completely without merit.”

The legal challenges came in the wake of a decision by the NHLPA’s executive board to request a vote from union membership that would give it the authority to file a “disclaimer of interest.” Should the 30-member board be granted the right, the disclaimer would see the NHLPA dissolved, giving players the ability to file class-action antitrust lawsuits against the league.

By filing the class-action complaint in New York, the league guaranteed that the legality of the lockout would be decided in a court known to be sympathetic toward management. If the NHLPA dissolves it will seek to have the lockout deemed illegal — something that could see players paid triple their lost salary in damages if successful.