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NHL owners, players permitted to talk

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The excerpts of a letter from the NHL to owners/general managers on Oct. 17:

Subject: Memo to owners, GMs

“We understand that some of you are being contacted by one or more of your Players and that your inability to respond substantively is creating some awkwardness in your relationships. Accordingly, and only between now and

11:59 pm (local time) on Friday night (10/19), the NHL By-Law 17.17 prohibition will not be applied to conversations that result from you being contacted by your Players -- PROVIDED, THAT ANY SUCH CONVERSATIONS ARE STRICTLY IN ACCORDANCE WITH THE RESTRICTIONS SET FORTH IN THIS MEMORANDUM.

“A failure to follow these rules can both set us back in our effort to resolve this work stoppage and cause serious legal problems and will be deemed a violation of NHL By-Law 17.17 (subject to appropriate penalties).

Therefore, please read these rules carefully and be certain that you adhere to them without exception. They have been designed in light of the fact that the NHLPA is, in fact and in law, the sole collective bargaining representative of the Players and that any effort to motivate the Players must be to have them act through their union, not instead of or in opposition to it.

“As a matter of labor law you are permitted to express the views and opinions of the Club and the League concerning the proposal currently on the table.

“YOU MAY NOT: “Negotiate” with a Player. This means you may not explore alternatives or variations to the proposals on the table from either side because that would be prohibited “direct dealing”. You may not ask “What do you want?” or “What do the Players want?” or “What should the League propose?” If a Player tells you that he or others are trying to find a different approach, he should be told that all ideas and suggestions should be presented to the Union and not directly to you or anyone else in the League except through the Union. You may not ask him what he or others have in mind. If he volunteers what he has in mind you should not respond positively or negatively or ask any questions but instead refer him to the NHLPA. Likewise, you may not suggest hypothetical proposals that the League might make in the future or that the League might entertain from the Union.”

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Tuesday, Oct. 23, 2012, 8:06 p.m.

The NHL permitted owners and players to talk about the lockout last week.

That may have opened the league to possible legal action pending specifics of those conversations.

Permissions for communication was granted Oct. 17 to “ensure that the Players were receiving complete and accurate information about the details of our proposal,” NHL deputy commissioner Bill Daly wrote in an email Tuesday.

The league is at risk if owners and/or general managers strayed from strict instructions laid out in a memo, excerpts of which were obtained by the Tribune-Review, a Downtown labor lawyer said.

“They're very careful with the language they use in the memo,” said Emily Town of Stember Feinstein Doyle Payne & Kravec, LLC.

“What the owners can and should say to players legally under the (National Labor Relations Act) is probably different than what gets discussed. That's the reality.”

Town, who represented the Arena Football League Players Union (AFLPU) in a labor dispute with the AFL, said “it's in everybody's best interest” for the NHL and NHLPA not to have to deal with the labor board.

However, the AFLPU filed various unfair labor charges with the board this past summer, and Town said the labor board's finding that those charges were with merit helped spark a new agreement between the AFL and its union.

A NHLPA official said it was too soon to determine any issues with conversations between owners/general managers and players last week. The union was not aware the NHL had permitted discussions until Monday.

The memo excerpts stated permission for discussions was conditional to conversations resulting from owners/general managers having been contacted by players regarding details about a labor agreement proposal the NHL presented Oct. 16.

The memo was sent on the same day the league made public the full details of its current offer – significant specifics which call for a 50/50 split of revenue between owners and players, and an 82-game season to begin no later than Nov. 2.

Owners/general managers were given a 48-hour window to speak with the players, who were locked out Sept. 15.

“I don't know of a conversation like that happening with anybody on our team,” Penguins union rep Craig Adams said.

No Penguins players said they were aware of a window to speak with club co-owners Mario Lemieux and Ron Burkle, CEO/president David Morehouse, or general manager Ray Shero.

The Penguins declined comment Tuesday. The NHL has authorized a $1 million fine on any club whose owner, governor, general manager or coach — basically, any person employed by the club — that publicly addresses the labor dispute.

“Most owners are not allowed to attend bargaining meetings,” NHLPA special counsel Steve Fehr said in an email. “No owners are allowed to speak to the media about the bargaining. It is interesting that they are secretly unleashed to talk to the players about the meetings the players can attend, but the owners cannot.”

Penguins veterans joined a chorus of NHL players to question the limited number of owners who frequent meetings between union executive director Donald Fehr and NHL commissioner Gary Bettman.

The union was backed by 18 players, including Adams and Sidney Crosby, when it presented three counter offers to the NHL last Thursday. Only four NHL owners — representing Boston, Minnesota, Washington and Calgary — were present for that meeting, which ended with the NHL flatly rejecting the union proposals.

The sides remain divided on calculations on a 50/50 division of revenue and how to guarantee payment of existing contracts. Also, no agreement has been reached on significant structural issues such as veteran contract lengths and discipline.

No negotiations are scheduled, but the union hopes to meet with the NHL on Wednesday.

Rob Rossi is a staff writer for Trib Total Media. He can be reached at or 412-380-5635.

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