I've drafted an article for CBSSports.com entitled Can the NHLPA Block A Lockout?.
I examine the merits of the NHLPA's case in connection with its proposed application before the Quebec Labor Board trying to block a lockout.
Here is an excerpt:
The NHLPA will have some challenges with its application. The first deals with the NHLPA’s past conduct, which is seemingly at odds with the current situation. In 1994 and 2004, when the NHL locked out the players, the Union didn’t fight it. As well, and more importantly, in 1992, the Union went on strike.So the NHLPA didn’t fight the lockouts as illegal, and they even went so far as to strike. The NHLPA will have to distinguish those positions from the current one. That could be tough since the positions seem in direct opposition.