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: Stanley Cup Final Game 1 – Sharks at Penguins

    PITTSBURGH, PA - MAY 30:  Pittsburgh Penguins fans sit outside of Consol Energy Center prior to Game One of the 2016 NHL Stanley Cup Final between the Pittsburgh Penguins and the San Jose Sharks on May 30, 2016 in Pittsburgh, Pennsylvania.  (Photo by Bruce Bennett/Getty Images)
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    The wait is finally over. The 2016 Stanley Cup Final is about to begin.

    Both the Pittsburgh Penguins and San Jose Sharks received some time to lick their wounds after three grueling playoff rounds, so expect Game 1 to be fun, even if there might be a subtle bit of rust here or there.

    The star power is considerable. The beards are burly (at least on the Sharks’ side). It’s time to get cracking.

    Game 1 airs on NBC. You can also stream it via the link below and enjoy some “NHL Live” coverage leading in.

    CLICK HERE TO WATCH LIVE

    Vlasic on the unenviable task of matching up against Crosby

    SOCHI, RUSSIA - FEBRUARY 21:  Marc-Edouard Vlasic #44 and Sidney Crosby #87 of Canada look on during the Men's Ice Hockey Semifinal Playoff against the United States on Day 14 of the 2014 Sochi Winter Olympics at Bolshoy Ice Dome on February 21, 2014 in Sochi, Russia.  (Photo by Martin Rose/Getty Images)
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    Plenty of people believe that the San Jose Sharks’ defense is superior to the Pittsburgh Penguins’ personnel, but it’s one thing to be better on paper. When you’re on the ice, against a speedy and talented team, can you really stop the Penguins?

    All signs point to sorely underrated Sharks defenseman Marc-Edouard Vlasic drawing the difficult assignment of trying to slow down Sidney Crosby.

    Vlasic, a former Team Canada teammate of Crosby (as you can see from this post’s main image), realizes that he’ll have his hands full. In fact, he seems to believe that this will be an even tougher challenge than trying to solve St. Louis Blues sniper Vladimir Tarasenko.

    The fantastic all-around defender isn’t exactly expecting to reinvent the wheel in his strategy against Crosby.

    “It will be the same as in the first three series,” Vlasic said, via The Hockey News. “We’re playing against the top players on every time – Sid, (Evgeni) Malkin and those types of guys for Pittsburgh. Me and (Justin Braun) will just keep doing what we did, taking away time and space and hopefully it works out.”

    The two players have had glowing things to say about each other for some time, but don’t be surprised if this high-level competition turns those happy thoughts into hard feelings.

    It stands as one of the matchups to watch in what could be a fresh and fascinating Stanley Cup Final.

    Red Wings look to future in net … a future possibly without Howard

    BOSTON, MASSACHUSETTS - APRIL 07:  Jimmy Howard #35 of the Detroit Red Wings makes a save against the Boston Bruins during the first period at TD Garden on April 7, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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    This summer looks like it could be one of changes for the Detroit Red Wings, even beyond the most obvious storyline of Pavel Datsyuk‘s future.

    One area where the Red Wings would like to make some tweaks is in net, namely in trading Jimmy Howard. The Detroit Free-Press points out that GM Ken Holland admitted that moving the former franchise netminder “might be good for the organization.”

    It’s reasonable to wonder what kind of market there will be for Howard, whose deal ($5.29 million cap hit through 2018-19) looks pretty tough to stomach on paper.

    Maybe it’s best to consider the Red Wings’ options if Howard starts the 2016-17 season off on a strong note, or something of that nature. Perhaps an expansion draft could “solve” that problem if Detroit cannot find any takers?

    The Red Wings remain forward-thinking and patient, which likely explains why the Free-Press focuses on their confidence with prospect Jared Coreau.

    “In the big scheme of things, he’ll play in Grand Rapids for another year, but now we know he can play a lot of minutes if needed,” Goalie coach Jeff Salajko said. “Jimmy Howard played four years in the minors. We’re not rushing Jared, but he is going to be an NHL goalie, there is no doubt in my mind about that.”

    In other words, a pairing of Petr Mrazek and Coreau wouldn’t just be a cost-effective duo … it might just be the Red Wings’ ideal scenario in the not-too-distant future.

    Stanley Cup Final referees: McCauley, O’Halloran, O’Rourke, Sutherland

    BUFFALO, NY - DECEMBER 13:  Referee Dan O'Halloran #13 holds up a face-off between the Buffalo Sabres and the Ottawa Senators during their NHL game at First Niagara Center on December 13, 2011 in Buffalo, New York.  (Photo by Dave Sandford Getty Images)
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    From the NHL:

    refs

    Pretty veteran crew, including three returnees from last year’s final.

    Per the NHL, O’Halloran and O’Rourke will call tonight’s series opener from Consol.