The fractured relationship between the NHL and NHL Players' Association continues to take a turn for the worse.
TSN has learned the NHL has formally filed an ''unfair labor practice'' complaint with the National Labor Relations Board in the United States over the NHLPA's apparent policy that any NHLPA member who were to become a replacement player next season would have to re-pay the lockout ''stipend'' he is currently receiving from the union.
This stipend or lockout benefit figure is estimated to be in the $10,000 a month range per player. Any NHLPA member is eligible to receive the benefit, but media reports have suggested players have been told they would be forced to give back any benefit monies if they became replacement players for the league next season.
NHL executive vice-president Bill Daly described the NHLPA policy as "coercive" and in violation of "the players' rights under the labour laws to decide individually whether to be represented by a union."
Individual NHL clubs received correspondence from the league today informing them of the unfair labor practice grievance that was filed with the NLRB earlier this week.
An NHLPA spokesperson had this reaction to the news: "The NHLPA confirms that the NHL has filed an unfair labour practice charge with the U.S. National Labor Relations Board. The NHLPA will have no further comment while the matter is reviewed by the NLRB other than to say we are confident the NHL's actions and allegations are without merit."
There is no indication how long it would take for the NLRB to rule on this filing.
Meanwhile, a certified player agent who represents NHLPA members told TSN the league is also ''threatening'' to file another ''unfair labor practice'' complaint against the NHLPA on the issue of player agents representing replacement players.
The NHLPA has indicated to its certified player agents that any agent who would negotiate a contract on behalf of a replacement player next season would be in danger of losing his NHLPA certification. The agent who spoke to TSN said he has been told the league believes that the NHLPA's threat of decertification to the agents is an ''unfair labor practice'' and that the NHL is prepared to file a complaint over it with the NLRB.
But NHL team sources say they've only been notified on the filing of one grievance to this point.
The NHL has made it clear it intends to open next season on time and while the obvious preference would be for a negotiated settlement with the NHLPA that allows the NHLPA membership to return to the ice, the spectre of replacement players looms large for next season.
The filing of an unfair labor practice over internal NHLPA mechanisms (that would make it more difficult for NHLPA members to become replacement players) and the threat of another filing (decertifying agents who would represent replacement players) would appear to be clearing the path for replacement player hockey in the fall.
The NHLPA executive committee just concluded three days of meetings in California. It has yet to officially respond to two league proposals, one of which has a deadline of April 8 attached to it. That proposal is a de-linked salary cap of $37.5 million. The league has told the NHLPA that if it doesn't pursue that type of deal by April 8, the only offer remaining on the table will be a linked deal, at 54 per cent of designated league revenues.
The NHL, meanwhile, has an April 20 board of governors' meeting scheduled, at which time it's expected the league will further discuss the possibility of using replacement players next season.