It was just another day in the world of labour unrest in the NHL. And it sounds like the next seven days won’t be any easier.
Mediation didn’t work; was never going to work; will never work in the future. Not when either side is unwilling to move enough or even at all. The owners have already said their best offer was on the table a month ago. They have maintained that future offers just might get worse.
Their message to the players now: let’s talk. No Don, no Gary, no Steve, no Bill, no lawyers.
Their goal is to get the message across to the players that the business is only as healthy as the weakest teams, not the healthiest. The system needs to be fixed for all 30 teams to survive. And if it’s not fixed, the league will be forced to adapt. It could mean that players’ jobs will be lopped off 18 skaters and two goalies at a time.
The players are now in the midst of losing their fourth paycheck. That’s four of 13 they receive during a normal regular season, or just fewer than 25 per cent of their annual pay. I’m sure they had no greater expectation about the success of the mediation than the owners. But it was something that had to be tried. On late Thursday night, the NHLPA released a rather cryptic quote:
“We will be discussing all matters regarding the last two days of mediation, as well as potential next steps with the Executive Board and Negotiating Committee.”
Potential next steps?
Does that mean meeting with the owners? Maybe. Making a new offer? Doubtful. Decertification? Probably. Only the players know for sure.
As the clock ticks over the weekend, the players are expected to caucus electronically to discuss their options. But if they do meet without Don and Gary, the message the owners should hear is obvious. Contracts signed are contracts paid.
And they should insist to the owners that they too understand the health of the poor teams is paramount to the players. Revenue sharing can work for the both the owners and the players, and the players should be in a position to help.
They are fully aware that the owners are not going to sweeten the pot. The players must fully understand the additional $182-million olive branch that was above the NHL’s $211-million transitional payment (formerly known as the “make whole” payment) was never going to be accepted.
If the players are to make any changes, albeit subtle, to the NHL’s offer, there is going to be no more money going to the contracted players. And after that point, there will be no guarantee that ALL core economic issues aren’t to be on the owners’ terms.
By next Wednesday’s Board of Governors meeting, at which the support for the commissioner will be unconditional, we will be debating just when the union will decertify. There is now little doubt in my mind this is not a negotiating tactic by Donald Fehr and the NHLPA. And there is little doubt that the NHL and its legal team at Proskauer and Rose are prepared for the battle. These are the same people that assisted the NFL and NBA through their labour battles.
As well, both sides are far too savvy to use it just as a negotiating tactic.
Decertification of the NHLPA is real and it could happen quickly. If the players do decide to move forward with it, the only way we see NHL hockey this season might be by court order. And while the league will file their own motion to justify the lockout, it has become too apparent to many that sticks and jerseys will soon be replaced by gavels and robes.
And quicker than we think.