The NHLPA filed an unfair labor practice charge against the NHL with the National Labor Relations Board in New York today, The Post has learned.
The action by the Players’ Association immediately followed notification that the union had lost its grievance against the NHL regarding “defected player status” for drafted and unsigned Europeans.
The league’s victory in that grievance as awarded by arbiter Richard Bloch, essentially gives teams the rights to these players into perpetuity for as long as there is no IIHF transfer agreement between the NHL and international hockey federations.
The charge by the PA against the NHL reads as follows: “Since on or about June 26, 2008, [the NHL] has failed and refused to bargain with the NHLPA a over a mandatory subject of bargaining by unilaterally implementing a rule substantially modifying and restricting the manner in which players under contract to European Clubs may gain employment [in the NHL], without first providing notice to, or bargaining to agreement or good-faith impasse with the NHPA a”
The NHLPA lost the grievance it filed against the league based on testimony by deputy commissioner Bill Daly as to communications with, and the intent of, former PA executive director Ted Saskin when the sides agreed via a letter agreement on July 22, 2005 to temporarily adopt “defected player” status in the absence of a transfer agreement.
Though the letter agreement had expired and the PA did not agree to extend it, the NHL sent a May 19 memo to league general managers advising them that it was reinstituting “defected player” status.
In upholding the NHL’s right to reinstate “defected player” status, Bloch did acknowledge Saskin’s failure to consult or inform the union of his conversations and negotiations with Daly that formed the basis of the league’s ability to proceed as it has.