The B.C. Labor Relations Board was to hear arguments to certify the NHLPA as a legitimate workers union, but since the talks were going well for both sides, (okay.. maybe it's going well for one side) the NHLPA chose to opt out of their decisions to go to court.
If the NHLPA was recognized as a union in B.C., it would prevent the Vancouver Canucks from using replacement players should the lockout continue into next season.Not only were the Canucks in jeopardy, but the Montreal Canadians as well. The NHLPA also planned to go to the Quebec Labor Relations Board and get certified there.
Under Canadian Law, "scabs" or "replacement players" are not permitted during a strike or lockout situation.
[From: Yahoo! Sports]
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