Sunday’s hockey games were great, but despite the enthusiasm created from watching the rivalry games, Gary Bettman is still hemming and hawing over whether there will be NHL players in Sochi in 2014.
Part of his argument is that with the time zone difference, there is less of an impact than when the games are played in North America, and that the players come back nicked up or even injured (the rest of his opinion can be read on NHL.com).
In the 2005 NHL Collective Bargaining Agreement, the NHL and NHLPA agreed that:
24.5 The NHL and the NHLPA shall continue to cooperate in the development of long range international hockey planning, including the World Cup of Hockey and NHL participation in the Olympic Games, as well as other International Hockey Games and tournaments.
and
24.8 Notwithstanding the foregoing, the NHL and the NHLPA commit to participate in the 2006 and 2010Winter Olympics, subject to negotiation of mutually acceptable terms with the IIHF.
But is this something that can be unilaterally decided by the NHL? Labor law designates the mandatory subjects of collective bargaining:
- Salary
- Hours
- Terms and Conditions of Employment
It could be argued that allowing the athletes to play is a mandatory subject that falls within the concept of Hours – the Olympics directly effects the season’s schedule through the frequency in which NHL games are played and the break in play. On the other hand, it could be argued that allowing the athletes to play in the Olympics would not fall under the mandatory subjects of collective bargaining, and instead only be considered a permissive subject of collective bargaining that was included in the current CBA.
Unfortunately, if determined to be a permissive subject of collectively bargaining then when the CBA expires, with notice, it can unilaterally be changed by the party for whom the agreement was permissive. Therefore, if it was a permissive subject brought to the table by the NHLPA, then the NHL would be able to unilaterally change it. However, if permissive and not mandatory, NHL may opt to use it as a bargaining chip for other concessions.
This current CBA will expire after the 2010-2011 season, and my hope is that the NHL and the NHLPA agree to the same terms in the 2011 CBA. It has been made very clear that some players, such as Ovechkin, will play in the Sochi Olympics regardless of the CBA outcome, it may be in the owners’ best interest to insure that the top stars are happy.
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