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.

Scroll Down For:

    Avalanche’s new head coach Bednar is at least saying the right things

    jaredbednaravalanche
    via Colorado Avalanche
    3 Comments

    Look, there are exceptions, but new head coach press conferences feature the same basic terms and buzzwords.

    After witnessing the high-octane Pittsburgh Penguins skate opponents ragged on their way to the 2016 Stanley Cup, any reasonable coach would throw “speed” into their phrasing.

    Still, the Colorado Avalanche have been so deeply buried by even the most basic of modern measurements that you had to wonder: would they learn from Patrick Roy’s struggles? Can someone come in and at least attempt to keep up with the pack?

    We won’t know for sure anytime soon, but hey, at least Jared Bednar seems to be saying the right things as he transitions from the AHL to the Avalanche’s head coaching gig.

    When discussing his hire with NHL Network, Bednar seemed confident that his style in the AHL – “Up-tempo, aggressive style in all three zones of the rink” – will translate well in Colorado.

    That interview hits the beats you’d expect from job interviews beyond hockey. There’s even a “detail-oriented” bit.

    (If you space out, you might just assume there’s a mention of thinking outside the box, like every corporate interview in human history.)

    Still, it’s OK to settle for baby steps, especially considering the tough situation Patrick Roy created in abruptly skipping town. For many, it might just be comforting to note that Bednar doesn’t outright dismissive “analytics” or “fancy stats.”

    Mile High Hockey brings up a great point: if nothing else, the spotlight will shift from the Avalanche’s flamboyant head coach to the talented core of young players.

    So, not only is Colorado bringing in a coach who is as savvy with spreadsheets as he is with the wipe-off board, but he’s going to allow the players to crawl out from under Roy and finally earn their own accomplishments. This is every bit as important as fixing the breakout play or eliminating the Collapse-O-Rama™ defensive system.

    (Collapse-O-Rama, huh? Can we stash that term for future use regarding another coach or two?)

    Bednar isn’t a retread, so we only know so much about what to expect.

    There are positive early signs. Roll your eyes all you want, we have seen more than a few successful transitions from AHL glory (Bednar just won the Calder Cup) to the NHL.

    He’s not necessarily anti-information and seems at least interested in implementing modern, attacking systems. Attacking systems that, theoretically, would best suit the talents of a gifted-but-flawed group.

    It all feels a little vague, but then again, it’s not even September yet. So far, so good.

    One way or another, Al Montoya will be important to Canadiens

    WASHINGTON, DC - FEBRUARY 02:  Goalie Al Montoya #35 of the Florida Panthers looks on in the second period against the Washington Capitals at Verizon Center on February 2, 2016 in Washington, DC.  (Photo by Rob Carr/Getty Images)
    Getty
    2 Comments

    This is part of Canadiens day at PHT …

    Here’s an unsolicited opinion: a good backup goalie is often underrated.

    Yes, getting a quality Plan B is easier said than done – goalies are an unpredictable lot – but it’s simple to see when it pays off.

    (There are plenty of examples, but Matt Murray winning a Stanley Cup for the Pittsburgh Penguins is the shiniest one.)

    Even if injuries aren’t a big issue, a No. 2 goalie is a pretty safe bet to play 20 games for a given team. In that regard, Al Montoya could be a significant upgrade over Mike Condon, and that could be important.

    Waning workhorses

    In 2015-16, no goalie played 70 regular season games. Jonathan Quick was the workhorse of the NHL with 68, while only 10 played at least 60. So, more than two-thirds of last season’s teams needed at least 24 games from their lesser-paid goalies.

    Even in Carey Price‘s dominant 2014-15 campaign, he played 66 games while Dustin Tokarski was in net for 17.

    Let’s ponder the outlook for a variety of scenarios as Price hopes to rebound from injury:

    If Price resumes Vezina-caliber form

    As PHT notes, Price seems confident that he’s at 100 percent.

    That’s great … but what else is he going to say? Knee injuries can beguile just about any athlete.

    He does admit that he’s getting up there in age a bit – relative to the sport, mind you – at 29. Earlier this summer, the Hockey News went over Montreal’s plan to scale Price’s workload a bit, injured or not.

    So, even in a dream scenario, Montoya and/or Condon will still see plenty of reps.

    If Price falters

    The Canadiens are expected to live or die by Price. Let’s not kid ourselves.

    The leash might not be very long for Michel Therrien if Price really falls on his face, however. A Condon-led Habs team stumbled terribly, but what might we see from Montoya being thrust into the spotlight for performance reasons?

    • With a .909 career save percentage, Montoya’s experienced his stumbles in the NHL. Montreal has to hope he follows more of the path from strong showings in 2013-14 (13-8-3, .920 save percentage with Winnipeg) and 2015-16 (12-7-3, .919 save percentage with Florida).

    Long story short, there were flashes of the brilliance you’d expect from a guy who went sixth overall in 2004.

    • The good news is that he’s accustomed to a fairly heavy backup duty. He set a career-high with 31 games played and 26 starts with the Islanders in 2011-12. Including that season, he’s enjoyed 20+ appearances in five of his last six seasons.
    • The bad news is that he hasn’t ever even carried half of a season’s workload so …

    Yes, a Price re-injury would be disastrous

    Montoya hasn’t been “the guy” before, certainly not in a pressure-cooker like Montreal. Condon’s opportunity didn’t go especially well.

    One can understand ownership giving Therrien and GM Marc Bergevin something of a “Price pass” after 2015-16, but would there be the same level of acceptance if they couldn’t thrive without their star goalie again? You’d have to ask about lessons learned.

    ***

    Long story short, Montoya matters to Montreal. The Canadiens just have to hope that he doesn’t matter too much.

     

    Ducks lock up 2016 first-rounder Max Jones

    BUFFALO, NY - JUNE 24:  Max Jones poses for a portrait after being selected 24th overall by the Anaheim Ducks in round one during the 2016 NHL Draft on June 24, 2016 in Buffalo, New York.  (Photo by Jeffrey T. Barnes/Getty Images)
    Getty
    Leave a comment

    The Anaheim Ducks handed their 2016 first-round draft pick Max Jones an entry-level contract on Friday.

    Anaheim selected Jones 24th overall. It looks like he’s getting a pretty typical rookie deal, according to reporters including NHL.com’s Curtis Zupke.

    In PHT’s “Get to Know a Draft Pick” series, THN’s Ryan Kennedy described Jones as “a power forward who can make you look silly with his offensive moves or simply plow you through the boards.”

    Jones was one of three London Knights players who went in the first round in 2016, following Olli Juolevi (fifth overall) and Matthew Tkachuk (sixth overall). He certainly seemed to enjoy the team’s Memorial Cup victory:

    You never really know for certain, but one would imagine that Jones may take a season or two to make it to the NHL level with the Ducks. From the sound of things, he’s in the sort of power forward mold that the team’s had a lot of success with.

    With Lehner injured, Enroth will be in Sweden’s goalie mix at World Cup

    BUFFALO, NY - OCTOBER 04: Jhonas Enroth #1 of the Buffalo Sabres and Robin Lehner #40 of the Ottawa Senators warm up to play at First Niagara Center on October 4, 2013 in Buffalo, New York.  (Photo by Jen Fuller/Getty Images)
    Getty
    Leave a comment

    NEW YORK (AP) Sweden has selected Jhonas Enroth to replace injured goaltender Robin Lehner on its World Cup of Hockey roster.

    Lehner was bothered by an ankle injury last season while playing for the Buffalo Sabres. Sweden coach Rikard Gronborg said Lehner had not recovered 100 percent.

    Enroth, who signed with the Toronto Maple Leafs, joins Henrik Lundqvist of the New York Rangers and Jacob Markstrom of the Vancouver Canucks as the goalies on Sweden’s roster.

    The 28-year-old has a 2.80 goals-against average and .911 save percentage in 147 career NHL games. Enroth was on the Swedish team that earned a silver medal at the 2014 Sochi Olympics, though he never appeared in a game.

    Enroth started for Sweden at the 2015 world hockey championship.

    The World Cup begins Sept. 17 in Toronto.