The NHL lockout has had a “minimal impact” on players because of the worldwide market for their services, the league says in a 43-page class-action complaint now before a New York court.

The league also claims player contracts will be voided should they go ahead with threats to disband their union because, in the NHL’s view, all existing agreements would cease to exist.

The NHL made these claims Friday in a move widely viewed as a pre-emptive strike to prevent players from seeking damages under antitrust, or anti-competition, laws.

On Sunday, players are expected to begin a five-day online vote on whether to give the union executive power to seek decertification, with a two-thirds majority required. It’s believed such a move would lead to players filing antitrust cases, which have been used in recent years in the NBA and NFL to force leagues back to the bargaining table, resulting in more favourable settlements.

The NHL, meanwhile, is asking the courts to declare the lockout, entering day 92 on Sunday, legal and therefore not in violation of any antitrust laws. The league has also filed an unfair practices complaint with the National Labour Relations Board to prevent the union from dissolving.

The class action complaint — which names 36 players, including the entire NHLPA negotiating committee — contends the lockout doesn’t violate antitrust law because more than 100 locked-out players are earning income from professional leagues in Russia, Sweden, Finland, Switzerland, Germany and elsewhere.

“These professional leagues are viable substitutes for the NHL, as evidence by the fact that NHL players routinely elect to play in a European league instead of the NHL,” the complaint states. “More than 100 players are currently playing abroad and during the NHL’s previous lockout more than 400 players elected to play in Europe. For this reason, the impact of the NHL lockout on the market for their services is minimal.”

By filing a “disclaimer of interest” to dissolve the union, should voting players decide that is their next step, NHLers hope to gain leverage in their continuing labour dispute. Another vote would be necessary for players to officially decertify, telling the league that the NHLPA no longer represents them.

If that happens, players would be free to file lawsuits and seek an injunction to end the lockout or win monetary damages. Under U.S. law, owners/employers can’t lock out employees who aren’t in a union, with penalties equal to triple lost wages.

Last week, several players said publically that they were 100 per cent behind NHLPA executive director Donald Fehr in search of an end to the lockout, which began Sept. 15.

The league contends the pending vote is simply a ploy to secure a more favourable collective agreement — backing up its claim with examples of players’ public comments, including on Twitter.

In response to the league’s move, the union said the NHL’s claims are “completely without merit."