Look BCCI/IPL/Franchises know that WI players in the IPL are a huge draw card ......worth more that 65 million to the IPL.
They aren't stupid and it's no secret that for Bravo ... IPL first, T&T cricket second and WI cricket third. Once he/they knew that participation in the IPL was not going to be affected, the decision to abandon playing was made for them.
[quote author=ketchim link=topic=93509.msg595140#msg595140 date=1413911920]
Lemme get this right :
IPL welcomes West Indian players
Players need an NOC from WICB to get an IPL contract.
IF WICB BAN these players (for quitting the TOUR) :
then they NO longer require an NOC ??
Snoop , is this the legal ramification :-\
[/quote]
Well first off, I don't believe any player is going to get banned or disqualified from representing the Wondies as a result of this dispute. If this happens then those players will simply retire from international cricket and play domestic T20's for a living.
This is essentially a wild cat strike. The parties should simply begin fresh negotiations or take the matter straight to arbitration. One or the other post haste. What is particularly troubling for the WICB is their future dealings with WIPA. How can they trust that the next MOU and CBA won't be scuttled by the players on the same basis again?
The whole point in having a union representative within the established framework and mechanism of industrial relations is for that rep to represent the collective/unanimous wishes of its members and enter into binding contracts as the duly authorized agent (the law of agency applies here). The players however, are saying that their duly authorized representative (Hinds) acted outside the scope of his authority when he signed that MOU. That is a MAJOR allegation and, if proven, the MOU is not worth the paper its written on.
[quote author=Goog Lee link=topic=93509.msg595431#msg595431 date=1414010860]
which is the first order of business by the players!
so what about the request made by the players asking the board to step in and ignore the MOU because it is not what they agreed to?
Could the board have done that?
[/quote]
Legally, no. Absent a court order declaring the the MOU is void ab initio the WICB could not on it own volition make such a decision. It would have violated the terms and conditions of the collective bargaining agreement and numerous labour laws/regulations.
What the WICB could have done was to temporarily suspend the application of that MOU pending the players sorting out their dispute with WIPA within a short but reasonable time frame. If the players failed to sort out their house within that time frame then the WICB could have very well stated "you had your chance but we are sticking to a legally binding agreement". No tour would have been called off pending everyone reserving all their respective rights.
But that would have been the sensible approach. 8)
