Players considering NHLPA decertification as an option

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Players considering NHLPA decertification as an option

"Decertification" become a buzzword for the NHLNHLPA labor battle, and theres little wonder why: A move to bust up the players union in the NBA directly preceded an agreement during its lockout last year.

But decertification could have uncertain consequences.

The NBA Players Association decertified quickly, filed two lawsuits, and the league settled within a couple of weeks. The NFL players had to wait four months for a settlement after decertifying, but they opted for it at the beginning of negotiations rather than toward the tail end.

A move by the NHLPA to decertify could drop the league into turmoil. Stripping the NHL of its anti-trust immunity would wipe out the entry draft, blow up all the rules governing free agency, arbitration and the salary cap and create a Wild West atmosphere where players could go to the highest bidder. Understandably its an option the NHL claims would wipe out the rest of this season while throwing the league into chaos, but its also the kind of leverage point the NHLPA hasnt enjoyed during these one-sided negotiations.

The mere threat of NHL control being wrested from the 30 owners and put into the court rooms is a viable weapon in negotiations. There is much more bite to a potential union decertification than to what's gone on this week between federal mediators and the two sides.

Bruins players polled after their Monday morning voluntary skate indicated that union decertification has definitely been mentioned in discussion, but all of them were waiting to hear it explained to them more fully. Sounds like grounds for an NHLPA conference call.

Im not really educated enough on decertification to make a comment either way, said Shawn Thornton. Its an option we are aware of, but nobody has really been educated on it.

But if the specter of decertification leads the NHL to back off some of their player contract right demands or pushes them to raise the make-whole number, then its something the players will view as a positive.

"We want to play," Thornton said. "But there hasnt been one bone thrown our way by the owners to where guys would say if it went to a vote right now we could live with it. There are things that have to be addressed. If there were a couple of bones thrown in there then thered be enough moderates to voice their opinions to Don Fehr. But it hasnt been that way at all. We keep giving and they keep saying Thanks . . . what else have you guys got? Until that changes, nothing is going to change."

In essence the players are looking at potential decertification as one of the only possible ways to bring the lockout conflict to an end. That end game is what intrigues out-of-work players, or those in Europe.

"Ive tried to read a couple of articles on it and talked with my sister, who is a lawyer, about it," Gregory Campbell said. "It seems like something like its an awfully serious decision. I dont know what the ramifications would be if we went down that road. I dont know if a lot people understand what would happen if we decertified. I think everybody just wants a solution to this.

"In searching the other lockouts it looks like it might be an option. It may come to that. But I dont understand enough about it to make a statement of whether we should do it or not."

Here are the basics of decertification:

First the NHLPA would sign a petition to decertify. If at least 30 percent of the members sign, the process begins.

The petition goes to the National Labor Relations Board (NLRB).

If 30 to 49 percent of the membership signed the petition, the board sets a decertification election date, usually about 60 days after approving the player membership petition.

If 50 percent or more signed, the employer may immediately withdraw recognition of the union. But the NHL would be unlikely to do so because it would allow the players to immediately begin filing antitrust lawsuits against them.

Once the labor relations board sets an election date, the union holds a decertification vote on that date. If a majority votes in favor, the union is decertified and its status changes to a trade association.

The trade association can file antitrust lawsuits against the employer and sue for damages on wages lost with triple the damages if the NHL is found to be guilty of bad bargaining practices.

It would likely take at least two months for the NHL Players Association to decertify, so the filing of antitrust lawsuits couldnt begin until the beginning of February. Even if the NHL buckled immediately, that would probably be too late to save the season. But even the submission of a qualifying petition could pose enough of a threat to push the NHL into action. Both sides can continue to negotiate while the decertification process is taking place.

Thats essentially what happened with the NBA last year, and what might be the NHLPA's only weapon to get the league back to the bargaining table.

OFFSEASON

Future uncertain for Johnson and Jerebko as Celtics pursue Durant

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Future uncertain for Johnson and Jerebko as Celtics pursue Durant

BOSTON -- When you’re the Boston Celtics and you have your sights set on a star like Kevin Durant, the potential impact on your roster is undeniable.

That’s a good thing, right?

Well . . . not exactly.

One of the options that the Celtics are considering during the free agency period is whether to waive Amir Johnson and Jonas Jerebko before July 3 which would create additional salary cap space to potentially sign Durant and another near max-salaried player.

But here’s the problem.

Boston could potentially waive Johnson and Jerebko, fail to get Durant or another elite free agent and see the duo gone for nothing in return while they play their way into a big contract toiling in the NBA’s basement with one of the league’s worst teams.

How you ask?

Multiple league sources contacted by CSNNE.com Tuesday night indicated that if the Celtics waive both players, it’s “very likely” that both will be claimed off waivers.

According to a league office official, waiver priority goes to the team with the worst record attempting to claim a player.

And what team had the worst record in the NBA last season?

Yup. The 10-win Philadelphia 76ers.

And what team was right behind them, or ahead depending on how you look at things?

The lowly, 17-win Los Angeles Lakers.

Johnson is due $12 million next season while Jerebko is due to earn $5 million, chump change in this new age of the NBA with the 2016-2017 salary cap expected to be around $94 million.

In addition, both players would join clubs in contract years. Couple that with each being relatively productive and there’s the potential for each player to have a really big season.

Johnson was the Celtics’ top rim-protector last season, in addition to being a solid pick-and-roll defender. He also averaged 7.3 points, 6.4 rebounds with 1.7 assists and 1.1 blocked shots per game. 

And Jerebko shot 39.8 percent from 3-point range last season, and finished up the playoffs in the starting lineup.

The Celtics are well aware of how valuable both players were to Boston’s success last season, and how their production relative to their contracts makes them extremely important to whatever team they play for.

To lose them for what would essentially be a lottery ticket in the Durant sweepstakes, is certainly a gamble that it remains to be seen if the Celtics are willing to take.

Best-case scenario for Boston is to know where they stand with Durant within the first 24 hours of free agency which would then allow them time to make a more informed decision about Johnson and Jerebko’s futures.

As you can imagine, the Celtics are as eager as any team to know what Durant plans to do this summer.

Because the way things are starting to take shape with Boston’s pursuit of the former league MVP, he’s going to have an impact on the Celtics’ roster one way or another. 

Source: Bruins preparing offer sheet for Jets D-man Jacob Trouba

Source: Bruins preparing offer sheet for Jets D-man Jacob Trouba

According to a hockey source, Don Sweeney and the Boston Bruins “are preparing an offer sheet” this week for Winnipeg Jets defenseman Jacob Trouba as an aggressive option to land a No. 1 defenseman after trades didn’t pan out at last weekend’s NHL Draft.

The Bruins have watched Trouba closely for some time, and clearly have an interest in the 22-year-old D-man with size, offensive abilities and a workhorse nature that’s seen him average more than 22 minutes of ice time per game since entering the league as a 19-year-old.

Trouba is coming off a six-goal, 21-point season while playing in 81 games for the Jets, and was a career-best plus-10 for Winnipeg. With Trouba, a restricted free agent, and the Jets locked into big money deals to fellow right shot D-men in Dustin Byfuglien and Tyler Myers, the writing has been on the wall for some time that the Jets would need to give one of them up.

Now it appears the Bruins may be willing to put their money, and their assets, where their interest is, and come up with an offer sheet that totals a minimum of $47 million for Trouba’s services.

Part of that high total is crafting an offer that the Winnipeg Jets aren’t going to match, and part of that is the Bruins’ own doing while casually tossing away their own draft picks. Because they sent their 2017 third round pick to the Flyers for Zac Rinaldo and their 2017 second round pick to New Jersey for Lee Stempniak, the Bruins must put together an offer sheet with an average annual value (AAV) of at least $9.3 million that will require Boston to give up four consecutive first round picks as compensation.

The good news for the Bruins: for offer sheet purposes, AAV is determined by dividing the total compensation offered by the lesser of the length of the contract, or by five. For contracts longer than five years in term, this will result in a higher AAV than simply dividing the contract total by the number of years.

Example: a 7 year offer sheet worth $49 million total, would be considered an AAV of $9.8 million ($49 million divided by 5) for offer sheet compensation purposes. That means the Bruins could make an offer sheet to Trouba in the $7-8 million per season neighborhood on a seven year deal, a reasonable contract if Trouba turns into the No. 1 defenseman that the B’s are envisioning.

The real price for the Black and Gold would be surrendering four first round picks, but the Bruins have made five first round picks in the last two years while stockpiling their prospect cupboard. The B’s have also been hit-or-miss with their first round picks, so sacrificing a few of them for a surefire, young defenseman would theoretically be worth the price.

Clearly the offer sheet route is the product of Bruins’ frustration at being unable to broker a deal for Kevin Shattenkirk or Cam Fowler last weekend in Buffalo, and at the realization that they need a stud No. 1 defenseman in order to again be competitive in the Eastern Conference. Perhaps even the threat of an offer sheet could spur the Jets into dealing Trouba, just as the threat of an offer sheet pushed forward the trades of Dougie Hamilton and Brandon Saad last season. 

Dirty Water Media Bruins reporter James Murphy was also reporting the buzz that the B's are exploring their offer sheet option. 

Tomase: Red Sox are better than this but I have real concerns

Tomase: Red Sox are better than this but I have real concerns

John Tomase, Chris Gasper and Gary Tanguay discuss is the Boston Red Sox recent slump is more than just a slump and also when John Farrell needs to start worrying about his job security again.