A group trying to organize a junior hockey players union is turning up the heat with threats of legal action.
The Canadian Hockey League Players’ Association (CHLPA) sent out a letter to Hockey Canada, Canadian Hockey League president David Branch and OHL teams on Thursday saying it intended to sue unless the league complies with legislative working conditions in the province.
Similar letters are going out to WHL teams, including the Red Deer Rebels, and Quebec’s junior hockey league.
It is alleged that employment standards legislation has been breached because players aren’t paid a minimum wage or given holiday, overtime, termination and/or severance pay, among other charges.
“In the event that these ongoing violations are not immediately rectified, please be advised that we intend to commence legal proceedings,” says the letter from lawyer Michael Mazzuca, of Toronto-based Gibson and Barnes LLP.
The CHL’s 1,400 players are paid an average of $50 a week for expenses and billeted with families for room and board.
In a statement released on Friday, the CHL says it “vehemently disagrees” with recent allegations by Players’ Association executive director and former Edmonton Oiler tough guy George Laraque.
“We firmly believe that our teams have always acted in accordance with all applicable provincial and federal laws and will continue to do so,” says the statement.
The league says it will continue to advise players and their families to research the CHLPA before agreeing to anything.
“We do not believe that any third party can provide programs and support better than what the CHL currently voluntarily provides to our players through our member teams.”
The CHLPA says on its website it aims to provide better working conditions for players.
Many of its initiatives are aimed at expanding educational opportunities, including extending the time scholarship packages can be used to four years from the current 12 months or 18 months, depending on the league.
Red Deer Rebels general manager and owner Brent Sutter was reluctant to comment in detail about the CHLPA’s claims or tactics.
“There’s (been) a lot of false comments made about just so many different things that just aren’t true,” said Sutter.
“I know that in Red Deer we treat our kids very, very well. We run a first-class organization and it’s very professional.
“Our focus, always has been and always will be, what’s best for the players.”
Sutter said the education in the WHL is “second to none.”
Derek Clarke, CHLPA spokesman, said the first claim on behalf of a player was filed with the labour board in Halifax on Friday, arguing that minimum wage should have been paid.
Clarke said leagues have tried to argue that their players are amateurs. But that flies in the face of a Revenue Canada 2000 ruling that CHL players are employees and subject to income tax deductions and Canada Pension Plan contributions like any other worker.
“If they are employees, they are also entitled to a Minimum Wage Act and minimum wage pay,” he said.
“The CHL is a for-profit business with hundreds of millions of dollars generated annually. And for them to make stance that it is amateur hockey and the players are amateur players is really contrary to the fact.”
In other developments, last month the Alberta Labour Relations Board recognized the association’s Alberta branch, Local 99.
However, the union failed to convince the board to waive a 60-day wait period to file a certification application. That waiting period ends Dec. 6, when the CHLPA can put its certification to a player vote.
“We respect the labour board’s decision obviously,” said Clarke. “It’s unfortunate we will have to wait to do those votes, but we will.”
pcowley@www.reddeeradvocate.com