[CliffFletcher]

Originally Posted by sureLoss

Dreger on TSN says that the players and agents are very unhappy that Bettman shared Wideman's text.

Claims that this may strain the relationship between the NHL and PA

Originally Posted by Psytic

I don't get it. Apple can't give access to a terrorist gunman's phone so the FBi can see his messages. But the NHL has access to Dennis Widemans?????

It's perfectly legal within U.S. labour law.

Wideman’s ‘stupid refs and stupid media’ text sends NHL players a lesson - Globe and Mail

Wait, the NHL has a version of subpoena power? It can obtain and reveal private communications?

Yes and no.

According to the collective agreement between the NHL and the NHL Players’ Association, the league falls under the ambit of U.S. labour law.

As a result, arbitration procedures such as an appeal to the commissioner are subject to broad disclosure requirements, and while evidence can’t be compelled via orders – in the way a court can – it’s in the interests of the parties to co-operate and turn over all non-privileged information (including correspondence with lawyers and spouses).

He could have refused, but then a negative inference could be drawn from that refusal,” said Eric Macramalla, a lawyer at Gowlings and frequent TSN contributor...

Strictly speaking, there is nothing new about the procedure in which Wideman – and linesman Don Henderson – handed over their texts and all other “relevant documentation.”

Similar provisions have existed in previous iterations of the labour agreement, and the Wideman case is analogous to what the NFL demanded from New England Patriots quarterback Tom Brady as part of the Deflate-gate probe.