What happens if the NHL declares it is at an impasse with the NHL Players Association?
If the NHL feels it can’t come to terms with the players’ union on a new CBA, the league could then declare an impasse and unilaterally change the terms and conditions of employment (instead of negotiating a new CBA with the NHLPA) by implementing a new economic system that includes a salary cap. So, the NHL players would have to play under this new salary-cap system? Not necessarily. If the NHL unilaterally implements a new econmoic system, it’s expected that the players’ union would challenge such a move by filing a charge with the NLRB, accusing the league of bargaining in bad faith. What happens once the NHLPA goes to the NLRB? The players’ union would carry the burden of proving to the NLRB that the NHL did not bargain in good faith during the collective bargaining process. If the NLRB rules in the union’s favour and finds that the league did not bargain in good faith (thus demonstrating the two sides are not at an impasse), the league would be prevented from implementing its new
