NHLPA's Quebec gambit fails; Alberta bid still outstanding

One of the last remaining hopes for hockey to be played on schedule as the clock ticks down to a lockout, is the NHLPA's case in front of the Quebec Labor Board.

The arguments have been made, and RDS of Canada reports on Friday afternoon that the Commission is expected to make a ruling on Saturday in Montreal, an unprecedented event that prompted Dave Stubbs of the Gazette tweeted "Quebec labour board to render a decision by midnight on a SATURDAY? Power of #Habs = government agency working on a weekend."

Gary Rosen, who was picked to represent the NHL and the Canadiens, said their main argument is that provincial labor code doesn't apply to this case. That is countered by Michael Cohen, backing the NHLPA, saying that provincial labor code has been violated and that should prevent a lockout.

Update:  The Quebec Labor Board did not give reasons, but rejected the request to ban the NHLPA lockout at Montreal ~ Renaud Lavoie, RDS. Additionally, Michael Grange of Sportsnet reported that the QLB/CNTQ has put off a decision on whether or not the PA is an actual union until next week, at which time a full hearing is scheduled. Judge Andrée St-Georges presided on Friday.

"We are hopeful that this ruling will cause the Players' Association to cease pursuing these needless distractions and instead focus all of its efforts and energies on making progress at the bargaining table,” said NHL Deputy Commissioner Bill Daly on Friday evening.

It is a curious defeat, in that the QLB has been granted legal "personhood" status to interpret the Quebec Civil Code as it pertains to the 1980 ratification of the Quebec Act regarding labor standards, and reports directly to the Minister of Labor. 

"We remain confident that the lockout is prohibited by the Quebec Labour Code and look forward to presenting our case to the Commission in the future," stated NHLPA exec Don Fehr. "Should the NHL carry out its threat to lock out the players in Quebec, it will do so at its own risk."

In this case, an entity which does not represent business or political interests interpreted current laws, then ruled in favor of current labor practices and against the 16 Canadiens under contract named in the action.

Meanwhile, the application in front of the Alberta Labor Relations Board, which was presented late on Thursday in Edmonton, will be heard on September 21.

The basis of that appeal relies on the union's assertion that "proper procedure" was not followed in determining the legality of an organization being able to lock players out.

There are 27 hours remaining until the current Collective Bargaining Agreement expires.