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NHLPA applies for union certification in Quebec and British Columbia

Friday, August 31, 2007

The NHL may have decided to hold off on using replacement players for now, but the NHLPA is making moves just in case the league eventually goes that route. On Thursday the NHLPA filed for certification as a union in both Quebec and British Columbia.

Those two Canadian provinces don't allow replacement workers during strikes or lockouts, but only in cases where those workers belong to certified unions. Right now, the NHLPA is not a certified union in those two provinces. Thursday's move is designed to change that.

"The NHLPA can confirm that it has applied for certification as a labor union in Quebec, and that the British Columbia chapter of the NHLPA has applied for certification in British Columbia," NHLPA spokesman Jonathan Weatherdon told the Associated Press. "We will not be commenting further while the administrative processes are underway."

The league objected to the move, which could prevent the Montreal Canadiens and Vancouver Canucks from using replacement players in their home provinces.

"We believe these petitions are inconsistent with both the history and the reality of collective bargaining in this industry, and that the NHLPA's act of filing the petitions is inappropriate and in violation of its obligations under applicable labor legislation in the United States and Canada," NHL chief legal officer Bill Daly told the AP. "Obviously, we will take appropriate steps to preserve and protect our rights.

"Ultimately, these filings will have no impact on the league's business alternatives going forward."

It's not known how long the certification process will take, especially if the NHL contests the move.

This isn't the first legal maneuvering over the possible use of replacement players. The league has filed two unfair labor complaints against the NHLPA with the U.S. National Labor Relations Board.

One challenges the union's threat of decertifying agents who represent replacement players.  The other complaint concerns a union policy that would allegedly levy financial penalties against members who become replacement players.

The NLRB has not ruled in either case.

Meanwhile, the NHL and NHLPA are expected to resume negotiations over a new CBA late next week.