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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    PHT Morning Skate: Columnist argues McDavid’s already NHL’s most important player

    Connor McDavid
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    PHT’s Morning Skate takes a look around the world of hockey to see what’s happening and what we’ll be talking about around the NHL world and beyond.

    Although Connor McDavid‘s NHL career has only just gotten started, is he already the league’s most important player? (Sportsnet)

    While we’re on the subject of McDavid, what should we expect from him for the remainder of his rookie campaign? (NHL Numbers)

    Jack Jablonski was paralyzed on Dec. 30, 2011 at the age of 16 while playing high school hockey, but that hasn’t ended his pursuit of a career in hockey. He’s spent the last two years hosting a weekly hockey-talk radio program and has now joined the Los Angeles Kings as a communications intern. (Orange County Register)

    Arizona State has earned its first NCAA victory. (Arizona Republic)

    The 2015 Calder Cup champion Manchester Monarchs got their rings. (LA Kings Insider)

    The Anaheim Ducks and the Make-A-Wish Foundation gave 13-year-old Kai Quinonez, who was diagnosed with aplastic anemia four years ago, a tremendous experience. (Orange County Register)

    Canucks spoil Ducks’ home opener via shootout

    Adam Cracknell, Ryan Miller

    ANAHEIM, Calif. (AP) Ryan Miller and the Vancouver Canucks have already found a groove just three games into the regular season. The Anaheim Ducks are still looking for a way to get their offense going.

    Radim Vrbata and Alex Burrows scored in the shootout, and the Canucks spoiled Anaheim’s home opener with a 2-1 victory Monday night.

    Miller made 28 saves and Adam Cracknell scored in regulation for Vancouver, which beat the Ducks for just the third time in their last 12 meetings.

    Vancouver improved to 2-0 on the road in the young season, with Miller yielding just one goal in each game. That’s encouraging to the veteran, who played in only four games after Feb. 22 last season while dealing with a knee injury.

    “I’m just trying to go out there and battle and compete,” said Miller, who stopped a third-period redirection by Carl Hagelin with his mask. “That was my mindset coming off an injury. That’s what it really comes down to, getting back the focus early on. I didn’t play hockey for a while. The technical stuff I worked on this summer and I pay attention to in practice.”

    Even with twins Daniel and Henrik Sedin combining for just one shot, the Canucks won the new season’s first meeting between the Pacific Division’s top two teams last year. Anaheim won its third straight division title, while Vancouver finished a surprising second before losing in the opening round of the playoffs.

    Sami Vatanen scored and Frederik Andersen stopped 24 shots for the Ducks, who have scored just one goal while going winless in the first two games of a season that begins with Stanley Cup aspirations.

    Anaheim was shut out in San Jose on Saturday in its opener before returning to Honda Center for its first real game on home ice since Game 7 of the Western Conference finals, when Chicago advanced to win the Stanley Cup.

    Kevin Bieksa played nearly 24 1/2 minutes in his second game with the Ducks. Anaheim acquired the veteran defenseman from Vancouver last summer after he played 10 years with the Canucks, who drafted him in 2001. Bieksa was reunited with Ryan Kesler, the longtime Vancouver forward who moved to Anaheim before last season.

    “We fought back a lot better than we did in San Jose,” Bieksa said. “So we need to keep building on this in the rest of this homestand here. If we do that, we’re going to be all right.”

    After the Ducks failed to score on a power play during their first official taste of 3-on-3 overtime hockey, Vrbata and Burrows got stuttering, halting shots past Andersen, who stopped Burrows’ shot before watching it trickle under him.

    “I’ve done that move a few times against a few goalies, but I don’t think I’ve ever done it against Freddie,” Burrows said. “So I tried it, and I’m lucky it went in tonight. It hit his stick and trickled in.”

    Jakob Silfverberg scored in the shootout for the Ducks, who lost their home opener for just the second time in six seasons. Anaheim’s talented offensive players aren’t clicking so far, but nobody is panicking yet.

    “I think we’re doing things the right way now,” Vatanen said. “We battled hard. We got some good chances. The season is long, so we’re going the right way.”

    Both teams opened at a furious pace, with end-to-end chances throughout. After a scoreless first period, Vatanen got the Ducks’ first goal of the season when his long, low shot went through Mike Santorelli‘s screen.

    Cracknell evened it later in the period with a sharp-angled shot that somehow deflected off Andersen’s shoulder or stick and landed behind the goalie. The journeyman got his first regular-season NHL goal since April 4, 2013, and just the seventh of his 85-game NHL career.

    “Pretty fortunate goal on their part,” Anaheim coach Bruce Boudreau said.

    NOTES: A small group of vocal protesters gathered outside Honda Center to call for the suspension of Ducks D Clayton Stoner, who faces charges in Canada related to a 2013 grizzly bear hunt. … Cracknell hadn’t scored a goal in his last 49 regular-season games, although he got a postseason goal in 2014 for St. Louis.