Thursday, October 11, 2012
From our friends at the American University Labor and Employment Law Forum comes this insightful analysis on why the Alberta Labor Relations Board declined to take jurisdiction over the NHL Lockout dispute.
Here's a taste of the blog post:
After a hearing on September 21, 2012, the [Alberta Labor Relations] Board determined that because the NHL and the NHLPA have “never established definitively which jurisdiction’s labour laws govern their relationship,” thus “even if the Board has jurisdiction to declare the lockout unlawful, it should not exercise its discretion to do so [in the heat of a strike or lockout.]” And grounding its decision in a public policy argument, refused to make any kind of decision on the issue and dismissed the NHLPA’s application in its entirety.
Alberta's decision is consisent with the decision by the Quebec Labor Relations Board to not intervene in the onoing labor dispute between the NHL and its players (though the Quebec Board indicated that it still might have more to say on the matter and did not dismiss the case). In any event, a read of the whole linked-to blog post is well worth the time. As a die-hard Flyers fan, and like my friends at American, I am also missing the normal beginning of the hockey season today.