NHL challenging the NHLPA over legal contracts is nothing new

kovalchuklouvanderbeek.jpgBelieve it or not, there’s actually some history with the NHL and the NHLPA when it comes to bickering over the legality of contracts. I know, this is really mind-bending news to get on a Sunday morning but it’s true and the New York Post’s Larry Brooks is once again spending his Sunday skewering the NHL over their decision to challenge Ilya Kovalchuk’s 17-year, $102 million contract with the New Jersey Devils.

This time, he has another fascinating read telling us about how the NHL challenged the contracts of Rob Blake, Joe Sakic and Pierre Turgeon in 2003. The contracts then were sent to arbitration because they were trying to pay those players during the eventual labor stoppage in 2004-2005 through signing bonuses. Much like with the Ilya Kovalchuk case, there are some very obvious similarities.

Signing bonuses were legal under the old CBA just as long-term, front-loaded contracts are legal under this CBA. Indeed, the league routinely registered contracts containing signing bonuses without protest, just as the league routinely has registered long-term, front-loaded contracts.

Suddenly, though, the NHL had problems with the Sakic, Blake and Turgeon contracts. The testimony given by Bill Daly, then the league’s senior VP and now its deputy commissioner, under questioning from arbitrator Joan Parker, is instructive and on point as it relates to the Kovalchuk issue.

Parker asked Daly what standard the league applied to determine whether a signing bonus would be considered illegal.

“The standard is . . . we have an internal discussion about it, that there’s an intent on behalf of the contracting parties to guarantee a part of the contract. And the standard we have been applying is a significant part of the contract for a potential [2004-05] work stoppage,” Daly said.

“It’s a materiality test. . . . There are a number of different [contract/signing bonus] structures we’ve seen. When it’s generally reasonable we have registered contracts in that scenario. When it’s clear on its face that the parties were expressly attempting to essentially guarantee part of the contract during a work stoppage, at least in our mind, we have rejected the contracts.”

What this boils down to is that the teams and the players are more than well aware of what the current situations are and were in these cases, it’s just that there’s nothing in the collective bargaining agreement there to stop anyone from doing anything about it. As arbitrator Joan Parker noted in 2003:

“The difficulty Daly had in articulating the standard by which the League challenged the Blake, Sakic and Turgeon [contracts] is troublesome, particularly because several provisions of the Collective Bargaining Agreement suggest that Clubs and players have substantial flexibility to negotiate compensation packages as they wish.”

How did the league fare in their squabble with Blake, Sakic and Turgeon? Brooks tells us and then hits it out of the park.

Joan Parker ruled for the NHLPA and against the NHL in the case of Sakic, et al, rebuking the league for attempting to gain collective bargaining goals through arbitration.

Seven years later, the league has reapplied its beautiful-mind litmus test to front-loaded contracts, trying to win something now it could not win last time in collective bargaining.

The standard is simple. If Bettman doesn’t like it, the league tries to stop it. Only the arbitrator has the power to stop Bettman.

A bit dramatic, yes, but it’s important to note how strong the arbitrators role in this whole mess with Kovalchuk actually is. A decision in favor of the NHL would set a dangerous precedent because it would essentially be putting a previously unknown qualifier in the current collective bargaining agreement and essentially set the table perfectly for a monstrous labor battle in 2012. Things should prove to be interesting as the Kovalchuk contract hearing is slated to begin this week.

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    Canucks will be without Rodin ‘until his knee strength and function return’

    SASKATOON, SK - JANUARY 3:  Anton Rodin #18 of Team Sweden skates with the puck while being defended by David Warsofsky #5 of Team USA during the 2010 IIHF World Junior Championship Tournament Semifinal game on January 3, 2010 at the Credit Union Centre in Saskatoon, Saskatchewan, Canada.  Team USA defeated Team Sweden 5-2.  (Photo by Richard Wolowicz/Getty Images)
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    The last time Anton Rodin got into the Vancouver Canucks’ lineup, he sat on the bench the entire game.

    Today, the Canucks announced that the 26-year-old winger has re-aggravated the same knee injury he suffered a year ago while playing in Sweden, and now he needs to rest.

    “Our Canucks medical team and Anton have determined it is in his best interest to undergo a period of rest, followed by rehab, until his knee strength and function return,” said GM Jim Benning in a release. “Anton will undergo an MRI and orthopedic consult this week.”

    In the same release, Benning confirmed that Rodin fell on his knee Jan. 6 against the Flames at Rogers Arena. It was the very next night in Calgary that he didn’t play a single shift, as the Canucks only had five healthy defensemen and were forced to dress 13 forwards.

    “Rodin wasn’t 100 percent and once it gets past 10 minutes, it’s hard to get him in and once you do, it’s not fair to play him,” explained head coach Willie Desjardins, per The Province.

    It’s a disappointing turn of events for Rodin, who waited a long time to make his NHL debut. He’s only been able to skate in three games for the Canucks, and his ice time was limited in all three.

    Rodin started the season on injured reserve after re-aggravating his knee in the preseason.

    Related: Anton Rodin is looking to make the leap

    Banged-up Pens lose another — Cullen out 3-4 weeks with foot injury

    PITTSBURGH, PA - MAY 30:  Matt Cullen #7 of the Pittsburgh Penguins skates against the San Jose Sharks in Game One of the 2016 NHL Stanley Cup Final at Consol Energy Center on May 30, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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    Having already lost Kris Letang to a knee injury and Brian Dumoulin to a broken jaw, the Pens received more tough news in the health department on Tuesday — in the form of veteran forward Matt Cullen.

    Cullen was hurt after taking a shot to the foot in last night’s wild 8-7 win over Washington and will miss the next 3-4 weeks, Pens head coach Mike Sullivan announced.

    Cullen, 40, is one of the NHL’s oldest skaters but has been remarkably durable since joining Pittsburgh. In fact, he hasn’t missed a single game — he played in all 82 last season, then all 24 en route to the Stanley Cup, and is one of just seven Penguins to appear in all 43 games this year.

    The cagey vet has been steady in terms of production as well. He has eight goals and 17 points thus far, which had him on pace to match last year’s impressive effort (16 goals, 32 points).

    It’s a tough break for the Pens, but there is a silver lining. Shortly after announcing Cullen’s injury, Sullivan said Dumoulin would travel for an upcoming road swing through Montreal and Carolina.

     

    Jamie Benn admits the stick-snapping rampages have to stop

    Fans celebrate along with Dallas Stars left wing Jamie Benn (14) after a score by Benn in the first period of Game 3 of a first-round NHL hockey Stanley Cup playoff series game, Monday, April 21, 2014, in Dallas. (AP Photo/Tony Gutierrez)
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    Expect a more composed Jamie Benn when the Dallas Stars take on the Rangers tonight in New York.

    At the very least, don’t expect another stick-breaking rampage like we saw yesterday in Buffalo.

    “I have to do a better job with body language and my play on the ice,” Benn said, per the Dallas Morning News.

    He also said of his recent play, “I wish I could say how I really feel, but it’s probably not good for TV.”

    The Stars’ captain is understandably frustrated. His team is four points back of a wild-card spot, and his production, with 10 goals in 41 games, is down significantly compared to last season when he finished with 40 goals in 82 games and his team won the Central Division.

    Tonight, it doesn’t get any easier. The Stars will take on a Rangers team that will have Mika Zibenajad in their lineup for the first time since Nov. 20. Meanwhile, the rest of the Blueshirts have had two days to recuperate after their 5-4 loss in Montreal on Saturday.

    It’s estimated the Stars will need to go around 21-11-5 in their remaining 37 games to make the playoffs. So regardless of their frustrations, they’d best get on a roll soon. A better performance from their captain would be a good start.

    Preds claim AHL All-Star Hunt off waivers from Blues

    NEWARK, NJ - DECEMBER 09:  Brad Hunt #77 of the St. Louis Blues skates against the New Jersey Devils at the Prudential Center on December 9, 2016 in Newark, New Jersey.  (Photo by Bruce Bennett/Getty Images)
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    With P.K. Subban, Roman Josi and Petter Granberg all out with their respective injuries, the Nashville Predators are a little thin on the blueline.

    So on Tuesday, they set about adding some depth.

    Brad Hunt, the 28-year-old offensive defenseman, has been claimed off waivers from St. Louis, per TSN. Hunt has spent most of this year with the Blues’ AHL affiliate in Chicago but, in limited time with the big club, has shown pretty well.

    The Bemidji State product has five points in nine games for the Blues, while averaging 13:36 TOI per night. He was widely praised for his passing ability, and how quickly he helped the Blues transition from defense to offense.

    “[Hunt] just moves the puck,” Blues coach Ken Hitchcok said earlier this year, per the Post-Dispatch. “He gets himself out of trouble, he gets the team out of trouble. He’s a smart player.”

    That offensive output is what Hunt’s known for — a consistently productive AHLer, Hunt recently made his fourth career All-Star Game on the strength of 29 points in 23 games for the Wolves.