What does that mean for hockey?
The news that the National Hockey League Players Association will be hiring U.S. Secretary of Labor Marty Walsh as its Executive Director is interesting. What does his hiring mean for the NHLPA?
Secretary Walsh will be replacing Don Fehr, perhaps the most effective players' union leader in the history of sports. Mr. Fehr has been fighting on behalf of athletes for nearly 50 years. While he was an associate at a Kansas City law firm in the mid-1970s, Mr. Fehr helped represent the Major League Baseball Players Association in the Andy Messersmith/Dave McNally arbitrations and related federal litigation that led to the introduction of free agency into baseball.
In 1977, Mr. Fehr joined the MLB Players Association, where he stayed until 2009, serving as Executive Director for the last 24 years. Although he was villainized by club owners and some fans, Mr. Fehr was highly effective in his role. The union won victories against the clubs after they had engaged in collusion in the 1980s, resisted the league’s efforts to impose a salary cap, and won legal battles that helped end the 1994-95 strike. For his contributions to the business of baseball, Mr. Fehr deserves consideration for the Hall of Fame. But I won’t hold my breath -- it took until 2020 for his legendary predecessor Marvin Miller to be inducted.
After leaving the baseball players' association, Mr. Fehr went on to hockey, where he has led the NHL Players Association for the past 12 years. His leadership provided a steady and experienced hand to a union with a history of scandals and ineffective leaders.
Will Secretary Walsh be able to do the same? He is not an attorney, but he had two decades of experience as a member and leader of trade unions before becoming mayor of Boston and then Secretary of Labor. At the same time, his tone and approach are certainly different from those of Mr. Fehr. Mr. Fehr is known as quick-witted and pugnacious while Secretary Walsh is an affable dealmaker.
The current collective bargaining agreement between the NHL and the players' association runs through the 2025-26 season, giving Secretary Walsh plenty of time to learn on the job. But then it will be interesting to see the tone of the labor negotiations. This past fall, Secretary Walsh helped broker a deal between freight unions and rail companies that threatened to bring much of national commerce to a halt. But the deal required legislation that some of the unions opposed, which hurt Mr. Walsh's reputation in the labor community.
In particular, I wonder whether we might see a greater role for attorney Jeffrey Kessler and his legal team. Mr. Kessler has worked with every players' union, although most of his work has been with the players' associations for the National Football League and the National Basketball Association, places where Mr. Fehr did not work. Attorney Kessler helped to mastermind the union disclaimer/decertification strategy in labor negotiations that has been used by the NFL and NBA players' associations. Mr. Fehr appears to disfavor this strategy, as the baseball and hockey players' associations have never pursued it.
With Mr. Fehr's departure, the NHL players' association may have to reassert its willingness to drive a hard bargain. No one sends that message better than Mr. Kessler.
- Senior Counsel
Chris is an attorney with more than thirteen years of experience at law firms, in-house, and in academia, with extensive expertise in sports, litigation, and labor and employment. He represents and advises employers with respect to ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Kelly McGrath
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Piyumi M. Samaratunga
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010