I wrote an article for TSN.ca entitled, Legal Look: Was It Unlawful For Owners To Speak To Players?.
This follows the NHL giving teams a 48 hour window to talk to players and answer their questions. The question that arose was this - was that lawful?
Here is an excerpt:
During a lockout, there is an obligation on the employer to bargain in good faith with the Union. Part of that includes not going around the Union and bargaining directly with the employees.
Efforts to bypass the recognized bargaining agent of the players, namely, the Union, and negotiate directly with the employees/players may be seen as violating labor law and could give rise to an unfair labor practice charge being filed by the Union.
The key here, though, is the word "bargain."
Click here to read the article.