NHL: Labor dispute moves into courts with talks stalled

(Reuters) - After three months of failed negotiations, the labor dispute between the National Hockey League (NHL) and locked out players moved into the courts on Friday, with the league filing a class action complaint against the players' union.
The league asked U.S. courts to confirm the legality of the lockout. It also filed an unfair labor practice against the players' union.
The players' union said the action had no merit.
The NHL's move appears to be a pre-emptive strike by the league after reports circulated that the NHL Players' Association (NHLPA) would seek a vote from its members to proceed with a "disclaim of interest" and no longer represent players in bargaining.
Dissolving the union would free players to file anti-trust lawsuits in the courts and have the lockout found illegal.
"Today, in response to information indicating that NHL players have or will be asked to vote to authorize the National Hockey League Players' Association's executive board to proceed to 'disclaim interest' in continuing to represent the players in collective bargaining, the National Hockey League filed a class action complaint in Federal Court in New York seeking a declaration confirming the ongoing legality of the lockout."
The league also said it was simultaneously filing an unfair labor practice charge with the National Labor Relations Board alleging that by threatening to "disclaim interest," the NHLPA is engaging in an unlawful subversion of the collective bargaining process and conduct that constitutes bad faith bargaining under the National Labor Relations Act.
The players' union said it had just received a copy of the National Labor Relations Board charge and has not yet been served with the lawsuit.
"However, based on what we've learned so far, the NHL appears to be arguing that players should be stopped from even considering their right to decide whether or not to be represented by a union," the NHLPA said in a statement.
"We believe that their position is completely without merit."
Canadian media reported the players' union executive board agreed on Thursday to put a vote to the players that would authorize the board to proceed with a "disclaimer of interest."
The union would be dissolved with a favorable vote and players would cease being seen as a collective entity, enabling them to file anti-trust suits.
National Basketball Association (NBA) and National Football League (NFL) players pursued similar courses in 2011 labor disputes with their leagues before new collective bargaining agreements were eventually reached.
The legal maneuvering comes a day after the sides had spent two unsuccessful days with U.S. federal mediators trying to jump start stalled talks on a new collective bargaining agreement.
NHL commissioner Gary Bettman has said he cannot see the league, which normally runs an 82-game regular season, playing less than a 48-game campaign. But with games through December, 42.8 percent of the schedule, already canceled, time is quickly running out on salvaging even a partial season.
The two sides appear to have inched closer on the main sticking point of how to divide $3.3 billion in revenue.
The league is seeking an immediate 50-50 split while players, who will see their share chopped from 57 percent, want the cuts brought in gradually with a "make whole" provision in place to cover money that would be lost on current contracts.
Several other contentious items remain on the table, including the length of a new collective bargaining agreement and contract limits to drug testing and continued participation in the Winter Olympics.

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Players to vote on whether board can dissolve union

(Reuters) - Locked out National Hockey League (NHL) players will begin voting on Sunday on whether to give the players association's executive board authority to file a "disclaimer of interest" and dissolve their union.
Voting will be done electronically and continue through Thursday, a source familiar with the proceedings told Reuters on Saturday.
A two-thirds majority will be needed to give the 30-member executive board the power to file a "disclaimer of interest" that would disband the union and free players to file anti-trust suits with the courts.
The NHL Players' Association (NHLPA) has not yet said it plans to file the disclaimer but could go that route if negotiations remained stalled.
The league moved to prevent the NHLPA from decertifying on Friday, filing a class action complaint against the players' union.
The NHL asked U.S. courts to confirm the legality of the lockout and simultaneously filed an unfair labor practice charge with the National Labor Relations Board.
National Basketball Association (NBA) and National Football League (NFL) players pursued similar courses in 2011 labor disputes with their leagues before new collective bargaining agreements were eventually reached.
The legal maneuvering follows two unsuccessful days of bargaining with U.S. federal mediators trying to jump start stalled talks on a new collective bargaining agreement.
NHL commissioner Gary Bettman has said he cannot see the league, which normally runs an 82-game regular season, playing less than a 48-game campaign. But with games through December, 42.8 percent of the schedule, already canceled, time is quickly running out for salvaging even a partial season.
The two sides appear to have inched closer on the main sticking point of how to divide $3.3 billion in revenue.
The league is seeking an immediate 50-50 split while players, who will see their share chopped from 57 percent, want the cuts brought in gradually with a "make whole" provision in place to cover money that would be lost on current contracts.
Several other contentious items remain on the table, including the length of a new collective bargaining agreement, contract limits, drug testing and continued participation in the Winter Olympics.

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Owners and players return to table but no closer to deal

(Reuters) - National Hockey League owners and players returned to the bargaining table on Wednesday in a late push to salvage a scaled down season but the two sides appear no closer to reaching a deal.
After negotiations on a new collective bargaining agreement (CBA) collapsed last Thursday amid angry rhetoric, talks resumed at a secret location with NHL Commissioner Gary Bettman and players union chief Donald Fehr, joined at the table by U.S. federal mediators, according to local media reports.
It marked the second time mediators have been brought in to try to jump start stalled negotiations that have now dragged on for nearly three months.
Owners locked out players on September 15 when the current CBA expired, plunging the league into its fourth work stoppage in 20 years.
Few details of the meeting have emerged other than there were no face-to-face negotiations, with mediators meeting both sides separately.
No new proposals were exchanged and there was no word on whether talks will continue.
The two parties returned to bargaining as pressure mounts to reach a deal or risk having the entire campaign wiped out like the 2004-05 season.
Bettman has said he cannot see the league playing less than a 48-game regular season schedule, and with 526 games, or more than 40 percent, of the season already canceled, time is quickly running out.
The two sides appear to have inched closer on the main sticking point of how to divide $3.3 billion in ice hockey related revenue.
The league is seeking an immediate 50-50 split while players, who will see their share chopped from 57 percent, want the cuts brought in gradually with a "make whole" provision in place to cover money that would be lost on current contracts.
Several other contentious items remain on the table, including the length of a new CBA and contract limits to drug testing and continued participation in the Winter Olympics.
While players and owners talk the losses continue to mount on both sides.
The NHL has said the lockout is costing it between $18-$20 million a day while players, with games canceled up to December 30, will miss six pay cheques.

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Soccer-Italian Cup quarterfinal results

Jan 8 (Infostrada Sports) - Results from the Italian Cup Quarterfinal first leg matches on Tuesday
Quarterfinal
Tuesday, January 8
Lazio - Catania 3-0 (halftime: 1-0)
Next Fixtures (GMT):
Wednesday, January 9
Juventus v AC Milan (1945)

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UPDATE 1-Soccer-Italian Cup quarterfinal summaries

Jan 8 (Infostrada Sports) - Summaries from the Italian Cup Quarterfinal first leg matches on Tuesday
Lazio 3 Stefan Radu 30, Hernanes 61,90+1
Catania 0
Halftime: 1-0; Attendance: 25,000
- - -
Next Fixtures (GMT):
Wednesday, January 9
Juventus v AC Milan (1945)

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UPDATE 1-Soccer-Lowly Bradford stun Villa in League Cup first leg

LONDON, Jan 8 (Reuters) - Fourth tier Bradford City continued their heroics with a 3-1 home victory over Premier League Aston Villa in the Capital One (League) Cup semi-final first leg on Tuesday as the prospect of a shock Wembley final moved ever closer.
Bradford, who had already disposed of top flight Wigan Athletic and Arsenal, took the lead when Nahki Wells scored from close range in the first half before Rory McArdle doubled the advantage after the break.
Villa squandered several good chances with substitute Darren Bent guilty of arguably the worst miss, heading over an open goal in the second half before Andreas Weimann pulled a goal back late on for the visitors.
It proved to be a brief ray of light on a grim evening for Premier League strugglers Villa however, as Carl McHugh added gloss to the scoreline with two minutes remaining.
"You are playing against a class team, you need to be on your game," Bradford goalkeeper Matt Duke told Sky after a superb individual display.
"We've got an even bigger challenge ahead of us now."
The second leg at Villa Park takes place on Jan. 22. Chelsea host Swansea City in the first leg of their semi-final on Wednesday.
Teams from the bottom tier of English professional football playing in cup finals is almost unheard of but buoyant Bradford will fancy their chances such is youthful Villa's poor form at the moment.
SHIPPED GOALS
Villa manager Paul Lambert made four changes to the team which beat Ipswich in the FA Cup on Saturday with Christian Benteke, Weimann and Gabriel Agbonlahor spearheading the visitors' attack.
They began the brighter and should have taken the lead after 10 minutes when Benteke found himself unmarked in the penalty area but could only direct his header wide from four metres.
Villa had shipped 17 goals in their last four league games and their leaky defence was exposed again after 19 minutes when a deflected shot from Zavon Hines fell kindly for Wells who calmly sidefooted the ball into the back of the net.
The goal acted as a confidence boost to the hosts, eighth in League Two (fourth tier), who got the upper hand in midfield and created a series of half chances as Villa looked short on ideas.
The visitors' best chance arrived just before the break when Charles N'Zogbia beat his man on the right flank and pulled it back for Agbonlahor who rifled in a shot from close range that Bradford keeper Duke did well to beat away.
The Premier League side looked brighter after the break and Duke was called into action early on, producing a series of good saves to deny first N'Zogbia then Benteke and Agbonlahor.
Striker Bent was a second-half substitute for Agbonlahor and within minutes of coming on, he wasted the visitors' best chance when he headed over from five metres after Duke parried a shot from N'Zogbia.
Cash-strapped Bradford, last in the top flight in 2001, looked to have taken a decisive advantage when McArdle powered home a header from a Gary Jones cross but Villa kept a toe-hold in the tie when Austrian Weimann beat Duke to the ball and poked home.
Their celebrations were short-lived as McHugh rose powerfully in the area to head home Bradford's third.
"Set pieces are a vital part of the game and you've got to defend them and we certainly didn't do that," under pressure Lambert said.

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Report says Armstrong may confess to doping, though move could have cons and benefits

AUSTIN, Texas - Lance Armstrong is reportedly considering a change in course, dropping his years of denials and admitting that he used performance-enhancing drugs.
The New York Times, citing anonymous sources, reported late Friday that Armstrong has told associates he is thinking about the move.
However, Armstrong attorney Tim Herman says that the cyclist hasn't reached out to USADA chief executive Travis Tygart and David Howman, director general of the World Anti-Doping Agency.
USADA stripped Armstrong of his seven Tour de France titles last year and issued a report portraying the cyclist as the leader of a sophisticated doping operation on his winning teams.
A USADA spokeswoman declined comment on Saturday while Howman was quoted by the Sunday Star-Times in New Zealand, where he is vacationing, saying Armstrong has not approached his group.

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Lance Armstrong may admit he used banned drugs: NY Times

 Lance Armstrong, the American cyclist at the center of the biggest doping scandal in the sport's history, may admit he used performance-enhancing drugs during his career, the New York Times reported in Saturday's editions, citing unidentified sources.
Such an admission would be a stunning reversal for Armstrong, who has vehemently denied doping for years.
The Times reported that Armstrong, 41, has told associates and anti-doping officials he may make the admission in hopes of persuading anti-doping officials to allow him to resume competition in athletic events that adhere to the World Anti-Doping Code, under which Armstrong is currently subject to a lifetime ban.
Asked if Armstrong might admit to doping, Armstrong's lawyer Tim Herman told the Times: "Lance has to speak for himself on that."
The newspaper, citing an unidentified person briefed on the situation, said Armstrong has been in discussions with the United States Anti-Doping Agency (USADA) and met with Travis Tygart, the agency's chief executive.
The paper, citing the same source, said Armstrong is also seeking to meet with David Howman, the director general of the World Anti-Doping Agency.
Armstrong's lawyer denied his client had talked with Tygart, according to the Times.
Howman said in a statement the agency had read "with interest" media accounts of Armstrong's possible intention to confess.
"To date, WADA has had no official approach from Mr. Armstrong or his legal representatives, but - as with anyone involved in anti-doping violations - it would welcome any discussion that helps in the fight against doping in sport," Howman said.
A spokeswoman for the USADA declined to comment.
An October 10 report from the USADA citied Armstrong's involvement in what it characterized as the "most sophisticated, professionalized and successful doping program that sport has ever seen," involving anabolic steroids, human growth hormone, blood transfusions and other doping.
Less than two weeks later, Armstrong's seven Tour de France victories were nullified and he was banned from cycling for life after the International Cycling Union ratified the USADA's sanctions against him.
Wealthy supporters of Livestrong, the charity Armstrong helped found, have been seeking to convince Armstrong to come forward to clear his conscience and spare the organization from further damage, the Times reported, citing a person with knowledge of the situation.
But an official with Livestrong said the group was unaware of any pressure on Armstrong by organization donors to admit anything, and declined to comment further.
Calls to Armstrong's attorney and Capital Sports & Entertainment, which represents Armstrong, were not returned on Saturday.
Austin, Texas-based Livestrong was launched in 2003 by the Lance Armstrong Foundation, which the cyclist founded in 1997, a year after he was diagnosed with testicular cancer. In October, he stepped down from his post as chairman of the board, saying he did not want the doping controversy to affect the organization. A few weeks later, he quit the board outright.
World Anti-Doping rules permit under certain circumstances penalties for admitted dopers to be reduced.

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Confess? Armstrong may not have much to gain

Lance Armstrong may be considering a change in course, dropping his years of denials and admitting that he used performance-enhancing drugs — though whether such a move would help him is uncertain.
The New York Times, citing anonymous sources, reported late Friday that Armstrong has told associates he is thinking about the move.
However, Armstrong attorney Tim Herman says that the cyclist hasn’t reached out to USADA chief executive Travis Tygart and David Howman, director general of the World Anti-Doping Agency.
A USADA spokeswoman declined comment on Saturday, while Howman was quoted by the Sunday Star-Times in New Zealand, where he is vacationing, saying Armstrong has not approached his group.
USADA stripped Armstrong of his seven Tour de France titles last year and issued a report portraying the cyclist as the leader of a sophisticated doping operation on his winning teams.
Public confessions and apologies have been the route of redemption for several athletes who have gotten in trouble.
For example, Tiger Woods said he was sorry for cheating on his wife in televised speech, and baseball slugger Mark McGwire eventually admitted to steroid use. Yet Armstrong faces serious legal entanglements those megastars didn’t, and a confession to doping could end up complicating matters for Armstrong — not making them easier.
The U.S. Department of Justice is considering whether to join a federal whistle-blower lawsuit filed by former Armstrong teammate Floyd Landis alleging fraud against the U.S. Postal Service during the years the agency sponsored Armstrong’s teams.
A Dallas-based promotions company has also said it wants to recover several million dollars paid to Armstrong in bonuses for winning the Tour de France. And the British newspaper The Sunday Times is suing to recover about $500,000 paid to Armstrong to settle a libel lawsuit.
Armstrong has testified under oath that he never used performance-enhancing drugs, which could theoretically lead to charges if he confessed. Former U.S. track star Marion Jones spent several months in federal prison for lying to investigators about her drug use.
And after so many years of vehement denials and sworn statements that he never doped, at this point, what would Armstrong gain from a confession? There would be no guarantee that his personal sponsors would return or that the public would accept it.
Is the public even interested in an Amrstrong confession?
Gene Grabowski, executive vice president of Levick, a Washington, D.C.-based crisis and issues management firm, said “it may be too little, too late because he’s been denying it for so long.”
A confession would only work to salvage Armstrong’s reputation if he accepted full responsibility and blamed no one else, Grabowski said. And it would have to include some public act of atonement.
“If he does all three, he has a shot,” Grabowski said. “You have to show people you are willing to pay a price.”
The New York Times reported the 41-year-old Armstrong may be considering a confession in an attempt to reduce his lifetime ban from cycling and Olympic sport so he can return to competing in triathlons and elite running events.
Armstrong lost most of his personal sponsorship worth tens of millions of dollars after USADA issued its report and he left the board of the Livestrong cancer-fighting charity he founded in 1997. He is still worth about a reported $100 million.
Livestrong might be one reason to issue an apology. The charity supports cancer patients and still faces an image problem because of its association with its famous founder.
And if Armstrong did confess, the corporate sponsors who abandoned him might support him again, Grabowski said.
“They’ll do what the public does,” Grabowski said.
Betsy Andreu, the wife of former Armstrong teammate Frankie Andreu, was one of the first to publicly accuse Armstrong of using performance-enhancing drugs.
She dismissed a potential confession from Armstrong as self-serving and too late.
“Sorry, your chance is over. You’re banned for life. It’s not with an asterisk, that because you are Lance Armstrong you get to come back,” Andreu said. “He does not belong in sport.

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