Senators blueliner Chris Phillips says the NHL tried to pull a couple of “dirty tricks” on the players. (Joel Auerbach/Getty Images)

By Stu Hackel

We’re updating this blog post throughout the weekend with major developments, so check back every so often.

We wrote earlier this week that the time has come for a change in the way in which the league handles its labor relations, that it has been too confrontational and combative for too long and no good can come from that. What is — and isn’t — going on in these CBA negotiations demonstrates the bankruptcy of the NHL’s way of doing business with its players.

UPDATE (Sat. 4:45 PM): A cautious, tentative optimism has replaced the angry mood that marked the talks heading into the weekend. It appears that as a result of discussions late Friday and today (Saturday), the league and players are starting to melt both their bargaining gap and their frosty relations. Various source have said that while the outstanding issues — including the salary cap for next season, the maximum length of individual contacts, the player pension and the term of the CBA itself –  have not been resolved, the sides are moving somewhat closer to each other.

Whatever progress has been made — and that is still up in the air — a good deal of the credit has to go to Beckenbaugh, who has diligently kept at it to the point where negotiators have again been meeting face-to-face on Saturday afternoon at the NHLPA’s midtown Manhattan hotel. Beckenbaugh’s mediation is not the only factor, of course.

Another significant impetus certainly has to be the NHLPA’s vote to re-institute the right of their executive committee to disclaim interest. That vote concludes at 6 PM and it is a certainty the membership will grant that right, which has given the players some leverage since the threat of dissolving the union could potentially lead to anti-trust litigation against the owners — and treble damages if a court found in the players’ favor. Whether or not the PA uses this weapon is an open question, and it it very much contingent on how much real progress has been made in the talks.

A third reason for a different mood on Saturday is that both sides do want the season to go forward. The owners want to reopen for business (especially those who have paid huge guaranteed signing bonuses to players but have not had any income to offset them) and players want to play and stop missing paychecks. It has been said by the league that the deadline to get a deal done is the end of next week, although we’ve seen deadlines move before. During the lockout of ’94 it happened often.

The caution comes in because we’ve seem progress before come to a screeching halt numerous times over the last few months. Will more lines be drawn in the sand? Does more brinksmanship await? That’s been the nature of these talks and no one should be surprised if it happens again. As The Sporting News Jesse Spector tweeted, “Are the NHL and NHLPA close to a deal? Absolutely. This was also true Wednesday. And last month.”

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By Stu Hackel

Another day, another series of talks for the NHL and NHLPA : Day 110, to be precise, and while there have been some positive developments this week, there is still no certainty that an agreement is imminent or even assured in time to preserve a 48-game season. The supposed deadline for that is Jan. 11, with the schedule beginning on Jan. 19. Neither the deadline nor the puck drop can be guaranteed.

That’s because some outstanding issues — like the salary cap, pensions, and contract limits — remain and the sides are not close to agreeing on how to resolve them. There are new suspicions on both sides as well that have kept the anxiety level high. Both Gary Bettman and Don Fehr said after Wednesday’s marathon talks, which extended into early Thursday, that some progress had been made, but there were still some hard miles to travel.

UPDATE: As of Friday morning, Day 111, the two sides were conferring with a mediator and no formal bargaining session had been set.

UPDATE: As the clock ticked, there were no large-group negotiations Thursday afternoon or evening, only a small group session on the critical pension issue. The absence of talks on the core economic issues dividing the sides got ESPN.com’s Pierre LeBrun righteously agitated, writing, “The most embarrassing work stoppage in the history of pro sports has found a way once again to show it might also be the most irrational ever of its kind.” His piece is worth reading. And in The Winnipeg Free Press, Gary Lawless quoted a “veteran member of the NHL’s board of governors” saying the season’s cancellation is only a week away. Yahoo Puck Daddy’s Greg Wyshynski, for one, was not surprised by the story and had some salient observations on it which you can read here. Meetings are scheduled to resume Friday morning.

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Gary Bettman says he’s pleased to with an “ongoing process” that he and the team owners have often torpedoed. (Bruce Bennett/Getty Images)

By Stu Hackel

For the third straight day, representatives of the NHL owners and players reconvened on Wednesday as the NHLPA responded to the league’s most recent proposal, which it received on Tuesday. With the January 11 deal deadline for a reduced 48-game season fast approaching, real, honest, serious negotiations seem to be taking place at last. More are scheduled for Thursday.

UPDATE: The NHLPA made a counter-proposal to the NHL’s Tuesday offer, itself a counter-proposal and the sides met again Wednesday evening to discuss it. There appears to be general agreement on the length of the CBA at 10 years, with an opt-out at eight, a concession by the players, but there are reports the players want some additional stipulations included. There are also reports that the players may agree to the six-year limit on contracts, seven for players re-signing with their own clubs — another concession by the union — but in return they still want pay to vary by 10 percent annually rather than the NHL’s five percent offer. 

None of these reports are confirmed and the lack of leaks on both sides would seem to suggest that they are seriously trying to bridge the gap in order to start a 48-game season before Jan. 19. Other important items remain unsettled and one is the salary cap, which the owners want reduced to $60 million annually. The players have reportedly not agreed (and we discussed that provision earlier this week). Another is the size of escrow. Additionally, there are new concerns about the players’ pension plan, which had supposedly been agreed to earlier in the talks but may have been changed in the owners’ proposal. Pat Leonard of The New York Daily News has more on the pension issue here. There is some feeling among the players that ownership has reneged on this item.

There have been very few details on this round of talks, which is seen as a good sign because leaks usually mean discord. The players still had the option until midnight of disclaiming interest in the NHLPA through the union’s executive committee, the quick route to decertification that could throw the process into chaos, if they believe the owners are not negotiating in good faith. On Twitter, ESPN/ TSN’s Pierre LeBrun quoted a player saying, “How they respond to our latest proposal will determine if we disclaim or not.” Even though that option expires at the end of the day, the players could renew that initiative sometime in the future. More on this latest round of talks here from TSN.ca.

UPDATE: The union decided to hold off on the disclaimer. More on that fromTSN.ca.

If you are wondering why a sudden wave of sincerity has washed over the process, which is now beginning its sixth month, you are not alone. These latest talks — which have resulted in three proposals being swapped in six days (UPDATE: now four in seven days) — could and should have taken place months ago had there not been another agenda floating around besides that of getting a fair and equitable agreement.

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Instead of filling the seats in The Big House for the Winter Classic, Commissioner Gary Bettman and the owners have stuck to their negotiating guns, which usually shoot down any NHLPA counter-proposals in a matter of minutes.
(Paul Sancya/AP)

By Stu Hackel

Weary and wary, the hockey world awaits as negotiators for the NHL and the NHLPA resume CBA talks for the first time since Dec. 13.

UPDATE: The sides adjourned for Monday after meeting a few hours with little substantial comment from either side. The league reviewed the union’s counter-proposal and they will get back together on Tuesday. You can watch Don Fehr’s remarks here and Gary Bettman’s here. TSN’s Aaron Ward and Darren Dreger had a bit more — but not much — here.

What will the owners’ latest offer mean to this paralyzed professional league, which has locked out its players for 107 days, inflicted hardship on those whose incomes are dependent on games being played, and incurred justifiable ridicule and scorn from all corners?

You expect some sports commentators who never have anything good to say about hockey to jump all over this fiasco, but when Devils President Lou Lamoriello says he’s “embarrassed” by this predicament, he echoes the sentiments of those who love the game as well.

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Really, what else could Bill Daly say? No one knows if a deal will be struck in time. (Bruce Bennett/Getty Images)

By Stu Hackel

Will there be an NHL season?

The league cancelled its schedule through Jan. 14 on Thursday so the fact that this question still torments us after 96 days of the lockout is hardly surprising. But the hockey community did raise its collective bruised eyebrow on Wednesday when CBC’s Elliotte Friedman asked that very question of NHL Deputy Commissioner Bill Daly — and only wanted to hear a “yes” or a “no” answer. No qualifications of equivocating allowed.

“Do we have a season?”

You can listen to Daly’s response here or continue reading for it.

“Yes.”

It was the most encouraging word we’ve heard in a couple of weeks, since Daly stood shoulder to shoulder with the NHLPA’s special counsel Steve Fehr (video) and talked about how real progress was being made for the first time in the marathon collective bargaining meetings that were held earlier this month.

NHLPA executive director Donald Fehr reacted quite positively when he was informed of Daly’s answer (at around 1:45 of the video below).

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One year after a tragic plane crash decimated the KHL team, Lokomotiv Yaroslavl returned to the ice. Colorado’s Semyon Varlamov (left, greeting former Capitals teammate Alex Ovechkin after a game) has been tending goal. (Photo by Yury Kuzmin/KHL Photo Agency via Getty Images)

By Stu Hackel

A big dark storm cloud lingers over any celebration of hockey in 2012. It’s the NHL lockout and it has been showering grief on the game and its fans for over three months. Now, it also makes my job here a bit easier compared to my colleagues who are covering other sports because so little has happened between June and December that the range of choices for my favorite stories of the year has been sliced dramatically. Still, I’d rather be burdened by having to choose from a full plate.

That said, here are my 10 highlights. (You can read other SI.com writers’ picks here and view a gallery of the 112 most amazing sports moments of 2012 here.)

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Hall of Fame defenseman Scott Stevens knew full well the motivational value of a big hit — in games or practice — while serving as the captain of the Devils’ three Stanley Cup championship teams. (Photo by Lou Capozzola/SI)

By Stu Hackel

Unless the owners and players restart negotiations, the closest that NHL fans may come to their favorite sport this season is by reading a book. If you are still stumped about what to give the fans in your life this holiday season, you might select one of these, or from our earlier list of gift books.

Wearing The C: Hockey’s Highest Honor, by Ross Bernstein. Triumph Books, 272 pages. $22.95 — The question of leadership among players has always been an essential part of hockey, often discussed and cited as a key reason why teams win or lose. “Putting a C on natural leaders,” Scotty Bowman says in this book, “is what sets average teams apart from the great ones.” There are different reasons why a player is selected to be a captain — some inspire and instill confidence with words in the dressing room and on the bench, some lead by example on the ice, some get the C on their sweater by virtue of their playing talent, some by virtue of their physical play — and this book explores all of that and more. Here’s SI.com’s photo gallery of its top 10 NHL captains of all time.

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Lightning sniper Steven Stamkos faces the challenge of trying to stay sharp during the endless lockout by playing in no-contact charity games like Operation Hat Trick and even his dad’s beer league. (Bill Streicher/Icon SMI)

By Stu Hackel

Things remain at a standstill as the owners lockout hits day 94. While the players say they are willing to talk, they have not gotten the call from the league to resume.

Away from the CBA fray, NHL players continue to grab their sticks and do what they can to stay in shape, or at least pass the time, sometimes in rather unorthodox ways. Take Sidney Crosby. The Penguins captain picked up the big stick last Friday, playing goal on a friend’s deck hockey team not far from downtown Pittsburgh. Now, deck hockey is the same as ice hockey, just without the ice; street hockey — or road hockey as Canadians sometimes call it — but with boards instead of sidewalk curbs. There’s a photo of the playing surface on the website of the place in which Crosby played.

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With a players’ vote likely to dissolve their union, the NHL is changing some of its tune about NHLPA boss Don Fehr. (Mary Altaffer/AP)

By Stu Hackel

And now things have changed. The fate of the season and perhaps the entire NHL could be decided by lawyers filing into courtrooms, not by negotiators in conference rooms,. And, because the existing case law on what will be argued is so uncertain, the outcome is anyone’s guess.

Somewhere in the past few months, I wrote something like, “This is no way to run a league unless you want to run it into the ground.” That has never been more true.

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Deputy Commissioner Bill Daly and NHLPA special counsel Steve Fehr have spent quite a bit of time together, but neither side seems willing to budge again though the NHL is clearly in real jeopardy. (Bruce Bennett/Getty Images)

By Stu Hackel

Another page is ripped off the calendar and we find ourselves at Day 90 of the NHL lockout. Chances are very good that this foolish interlude will hit triple digits, further damaging a league that was — long, long ago it seems — finally starting to gain momentum in the crowded sports landscape, and a greater degree of acceptance and interest among casual fans.

The biggest shots fired yet in this civil war — the possibility of the NHLPA filing a disclaimer of interest to disband, a legal move that could permit a judge to rule on the legality of the lockout and subsequently expose the NHL to anti-trust litigation — is now on the agenda with news Friday afternoon from Pierre LeBrun of ESPN.com that the union’s executive board unanimously approved a measure to authorize a vote among the players on the maneuver.

In response, the NHL filed a class action complaint in Federal Court in New York seeking a Declaration confirming the ongoing legality of the lockout. The league also filed an unfair labor practice charge with the National Labor Relations Board alleging that by threatening to “disclaim interest,” the NHLPA has engaged in an unlawful subversion of the collective bargaining process and conduct that constitutes bad faith bargaining under the National Labor Relations Act.

Ladies and gentlemen, start your lawyers.

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