The NHL Collective Bargaining Agreement (CBA) is the basic contract between the National Hockey League (NHL) (31 team owners and NHL commissioner) and the NHL Players` Association (NHLPA), which must be concluded through typical collective bargaining on work management. The most recent agreement reached on 6 January 2013 following a labour dispute, during which 510 regular season games from the 2012/13 season were provisionally cancelled, was ratified on 9 January 2013 by the League`s Board of Governors[1] and by the NHLPA three days later, January 12, 2013. [2] As originally signed, the 2013 CBA was a ten-year contract, the longest in NHL history, which expired after the 2021/22 season. [3] On July 10, 2020, the NHL and NHL announced the extension of the CBA until the 2025/26 NHL season. [4] “In Canada, the threat of a lockout during the life of a collective is generally prohibited by law and is punishable by heavy penalties, whether or not a lockout is ordered, ” said Wassim Garzouzi, a labour law specialist at Raven Law in Ottawa, who represents the union side. “The League will not utter the word lockout, but in practice its actions could be interpreted as such. It would be one thing for the NHL to say that it absolutely cannot continue because of the pandemic. It`s something else entirely when the league says it`s not going to continue until it gets further concessions from the players. In this case, the league threatens to suspend the season in order to force the players to accept changes to the collective agreement.

This is the very definition of a lockout and the league can expose itself to liability. This is an academic point and, in the end, the dispute will engrcen. That is still the case. On September 4, 2010, the NHL and NHL ratified an agreement to change the salary cap calculation for long-term contracts. The new Salary Cap accounting system would undergo two important changes. First, long-term contracts remain valid, but contracts that include years during which a player is 40 years of age or older are only included in the cap-hit calculation the portion of his salary before age 40. Second, if the average value of the three highest seasons is $5.75 million or more, the value for years 36 to 39 has a minimum cap of US$1 million. The new collective agreement would limit the trust agreement to 20% next season. The trust system, a mechanism where money is held on players` paycheques to ensure a 50-50 split of hockey revenue between players and clubs, has been a point of contention for players. The maximum trust percentage for the 2021-22 season could reach 18% depending on the level of hockey revenue.

The word was “crisis.” He was heard behind the scenes by the owners and players. This is how the head of the NHL, Don Fehr, defined the conditions that led to an accelerated agreement that allowed both the possible conclusion of this season and six years of peace at work: “I think we all understood the singularity of the crisis and the need to hold out until we get there, ” he said. And while the jurists are discussed by lawyers from both sides, we will try to examine them. Much of what is discussed is related to two things in the CBA, Article 5 of the agreement and Article 17 of the Standard Player Contract (SPC). The NHL collective bargaining agreement is like a salad bar. Some items are tastier than others for owners and players. “As part of this Agreement (i) for the 2019-20 League, the NHL agrees to waive any possible applicability of paragraph 17 of the SPC solely due to the loss of games due to the COVID-19 pandemic, on a non-significant basis and without prejudice to future years of the League, (ii) For the year 2020-21, the NHL agrees to waive any applicability, page 7, of 71 of paragraph 17 (c) in connection with the COVID-19 pandemic on a model not precedent to the purposes and without prejudice to future years of the league and (iii) such waiver statements do not affect any other rights or positions of the parties with respect to paragraph 17 of the SPC”.; But it`s no exaggeration to claim that the global COVID-19 pandemic has brought these two sides closer together like never before.

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