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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    WATCH LIVE: Anaheim Ducks at Nashville Predators – Game 6

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    Will we see a Game 7 in the Western Conference Final or will the Nashville Predators stamp their ticket to the franchise’s first-ever Stanley Cup Final?

    We’ll find out soon enough on Monday, as the Predators host the Anaheim Ducks in Game 6.

    Ryan Getzlaf and the Ducks will get their chance to beat the Ryan Johansen-less Predators once again on NBCSN. You can watch online and via the NBC Sports App.

    Here’s what you need to know:

    Anaheim Ducks vs. Nashville Predators (Preds lead 3-2)

    Time: 8:00 p.m. ET

    Network: NBCSN (Stream live here)

    Check out the highlights from Nashville’s 3-1 win in Game 5

    Related:

    Ducks will be without Eaves and Rakell in Game 6

    Pontus Aberg ‘face planted’ before scoring game-winning goal in Game 6

    Report: Sharks sign Czech d-man Simek

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    San Jose’s had good success scouting European leagues in recent years, and the club is hopeful that trend continued on Monday.

    The Sharks have signed d-man Radim Simek out of the Czech League, per NBC Sports California. It’s a one-year, two-way pact for the 24-year-old, who just finished representing his native Czech Republic at the World Hockey Championship.

    Simek had two points in eight games for the Czechs.

    According to a report out of Radio Praha, the Sharks beat out the Rangers to acquire Simek. Passed over in his draft year, Simek has spent his entire pro career with Liberec Bili Tygri.

    As mentioned above, Sharks GM Doug Wilson has done well finding European skaters in their early-to-mid-20s, ones that contribute right away at the NHL level: Melker Karlsson, Joonas Donskoi and Marcus Sorensen, most specifically.

    Smith could re-up with Rangers, agent expects Gorton meeting soon

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    Earlier this month, we wrote about how pending UFA d-man Brendan Smith impressed his Rangers teammates with his strong postseason play.

    It was clear the Rangers wanted to keep Smith, a trade deadline pickup, in the fold. And now it sounds like the interest is mutual.

    “He’s more than open to coming back,” agent Anton Thun told the New York Post. ““I’m sure I’ll be speaking to Jeff [Gorton, Rangers GM] in the next week or so and we’ll see if we can work something out.”

    Smith, 28, just wrapped a two-year, $5.5 million deal with a $2.75M average annual cap hit. His stock certainly rose following the move from Detroit to New York, thanks in large part to a playoff in which he had four points through 12 games, and averaged just under 20 minutes per night.

    Add it all up, and a raise is in the cards.

    Helping Smith’s cause is a relatively weak crop of free-agent defensemen this summer. Kevin Shattenkirk will be the top dog, while the second tier includes under-30s like Smith, Karl Alzner and Michael Stone.

    The Post estimated a $4M AAV could be on the horizon for Smith, which makes sense. Thun didn’t talk specific numbers, but did suggest the Rangers weren’t going to get any sort of discount.

    “To pass up free agency,” he explained, “Brendan’s going to need a contract that reflects market value.”

     

     

    Penguins redefining defense by committee

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    When the Pittsburgh Penguins lost defenseman Kris Letang for the entire postseason it was thought be a crushing blow to their chances to repeat as Stanley Cup champions. Especially with a path that was likely to include two of the NHL’s best teams in the first two rounds of the playoffs.

    Not only is Letang one of the best defensemen in the world, he is one of the most important cogs in the Penguins’ machine. During last year’s Stanley Cup run he played close to 29 minutes per game and did so at an incredibly high level. Losing that sort of workhorse is nearly impossible to replace.

    But even with Letang’s absence (and even additional injuries to defensemen Trevor Daley and Justin Schultz) the Penguins find themselves one win away from returning to the Stanley Cup Final without really having a true No. 1 defenseman to turn to.

    This is almost unheard of in today’s NHL.

    Every team that goes on a deep run in the playoffs has a minute-eating defenseman that can be counted on to play a significant portion of the game. Letang. Drew Doughty. Duncan Keith. Erik Karlsson. Zdeno Chara. Players like that.

    When it comes to the playoffs, teams tend to roll with their top-four defensemen the most and do their best to hide or shelter their third pairing by limiting their minutes as much as they can. The Penguins have not had that luxury without Letang.

    That means everybody has had to step up and take on an expanded role. Just about everybody is playing more than they are used to while there is virtually no difference between each role.

    First, consider that every team (22 of them) that has reached the Stanley Cup Final since the 2005-06 season has had at least one defensemen average more than 22 minutes of ice-time per game. Twenty-one of those 22 teams have had at least two players log more than 22 minutes, while 18 of them have had at least one player average more than 25 minutes of ice-time per game.

    The 2016-17 Penguins currently have none.

    Brian Dumoulin is currently their ice-time leader, playing just over 21 minutes per game.

    Let’s take a look at what that looks like from a usage perspective.

    The table here looks at this year’s Penguins, the remaining final four teams this season, and every Stanley Cup Finalist dating back to 2011-12 and what percentage of a 60-minute game each of their top-six defensemen played on an average night. This year’s Penguins should stick out as a massive outlier.

     

    Other than the 2014-15 Lightning and 2011-12 Devils every other team on here had a No. 1 defenseman that was on the ice for more than 40 percent of the game on a given night. And the Lightning and Devils were very close to it.

    All of them had a No. 2 defenseman that played more than 36 percent of the game on a given night.

    Again, the Penguins currently have nobody taking on that sort of a workload in either spot.

    Every team on there was able to limit their playing time of their third pairing (some more than others) while there was a significant gap between the ice-time for their No. 1 and No. 6 defenseman.

    For Pittsburgh, their third pairing plays almost as much as their second pairing, while there is minimal difference between the workload for their top pairing and their third pairing. Last year, as an example, Letang averaged more than 13 additional minutes per game than their No. 6 defenseman.

    This year Dumoulin is only averaging three more minutes than their No. 6.

    It really is a defense by committee approach and it has been kind of fascinating to watch.

    They are clearly lacking the elite puck-moving presence that a player like Letang can provide, and at times their ability to smoothly and efficiently exit the defensive zone has been a struggle.

    It is also a situation where a lot of players are being thrust into roles they are not used to playing.  This has at times led to extended zone time for their opponents and put them in a situation where they are giving up way more shots per game than they want. They are also fortunate to have two outstanding goalies in Matt Murray and Marc-Andre Fleury that have been fantastic this postseason to keep pucks out of the net. But overall it is a unit that has seemingly taken on a whatever it takes approach to get the job done.

    It runs counter to everything we have seen from contending teams in recent years when it comes to the makeup of a defense, but they have somehow found a way to make this patchwork unit work. Now here they are, just one win away from getting back to the Stanley Cup Final.