>>The players have made some serious consessions, and the owners have hardly blinked. They are not negotiating in good faith. <<
This is silly. Good faith means you are there at the table. It doesn't mean you conceed.
If you put your house on the market, and I offer you 5 bucks and you don't come down off your price, are you refusing to negotiate in good faith?
We aren't on the same page. There is no duty for the NHL to negotiate in GF, so we're not talking about that standard which would be actionable.
However, the NHL is purporting to be actively negotiating with the players, which they are not. They have hardly budged. That is perfectly fine. But don't tell me how hard you're negotiating when all you're actually doing is basically resubmitting your same offer over and over.