Kovalchuk Hearing Scheduled For This Week
by Bob Wage on Aug 2, 2010 11:17 AM EDT
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PrintAs most predicted, the NHLPA filed a grievance over the league's rejection of New Jersey's 17 year contract for superstar forward Ilya Kovalchuk. The two sides agreed upon an arbitrator last week and a hearing is scheduled to begin on Wednesday with a decision expected by the weekend.
Devils' writer, Tom Gulitti, confirmed that Jersey native Richard Bloch will be the arbitrator. According to Gulitti, Bloch has plenty of experience deciding disputes and has even had previous NHLPA vs. NHL rulings.
Bloch has ruled on other CBA-related grievances between the NHL and the NHLPA in the past. In 2008, he ruled in favor of the NHL in a grievance filed by the NHLPA over designating European drafted players as "defected." The ruling allowed NHL teams to hold the draft rights of those players more than the usual two years – as long as those players continued to play in countries not participating in the International Ice Hockey Federation transfer agreement.
Bloch also awarded Scott Gomez a $5 million dollar contract, in affect more than doubling his salary when his case went before arbitration in 2006. It will be interesting to see where this goes.
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Speaking of the NHLPA, there is plenty of talk around the league that "retired" baseball union czar, Donald Fehr could be on his way back into office, this time for the hockey union. More about that on From The Rink.
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Does that excerpt above on players “defecting” to Europe affect the Canes relationship with Justin Krueger – who I guess is headed to Germany and never signed…?
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by Carolyn Christians on Aug 2, 2010 11:53 AM EDT reply actions
I think Krueger fell under the typical college rules, where he could play in school for up to four years and the Canes still had his rights until a certain time after he leaves school. (August)
Editing Manager of CanesCountry.com
I looked at that provision when Riley Nash’s fate was still in doubt, and remember it as being 30 days after they are “finished with college” or some generally vague phrase like that.
Must be some benchmark date that the league accepts as being “finished”, like graduation day and/or last day of classes/exams.
I also think that this same provision would apply in Krueger’s case, instead of viewing him as “defected”.
Here we are now...entertain us.
Kovy's contract
I’m confused (not for the 1st time) about his contract, and what some “so-called experts” have said about it!! Several (inc. Spector) seem to think the NHL ruling will be overturned! in affect it’s legal (alledgedly)! I’m pretty sure the CBA says something to the effect “you can’t circumvent the CBA”, eh?! …and what could be more blatantly CIRCUMVENTING?
It’s possible previous contracts like Hossa’s have set a precedent, which might mitigate the implied circumvention…??? unless that’s the case, it seems to me to be cut and dried!!
Spector and the Kovalchuk Contract
Spector is very knowledgeable about hockey; but I think he is so Anti-NHL when it comes to these types of issues that he lacks objectivity. It doesn’t mean he is mistaken, but to me it does suggest he may not be correct. From what I’ve read in the CBA and compared to the Kovalchuk contract, I think the arbitrator will negate the contract. It is clear that the length and the terms are such that there is no reasonable expectation Kovalchuk in his 40’s will be willing to play for essentially minimum NHL wages. If there is no realistic projection Kovalchuk will meet his obligation under the contract, then the terms of the contract are written in order to circumvent the salary cap.
I hope the NHLPA and the NHL will have enough good sense to work out a compromise prior to the arbitration. They can set a de facto outer limit of 10 to 12 years and a de facto minimum salary for veterans. This fight has too many unforeseen consequences to have the NHL and NHLPA members’ future rise or fall on the decision of a single arbitrator.
The problem for the NHL is proving that this contract circumvents the CBA when none of the others it approved do. It’s hard to prove intent. Not just cast suspicion, but actually prove that neither party plans to live up to the entire contract. Besides, saying that 44 is too old could actually be considered advance age discrimination.
Personally
I hope the silly contract is tossed out and reduced to 12 years max…or tossed out all together…but as a fan,in a crappy economy what would I know ??
And if it Aint Hockey,It Aint Nothin !!
That Checkers 3rd Sweater ROCKS !!!
You pretty much nailed it, I think. The arbitrator, I believe, will write an opinion citing other contracts as being comparable in terms of the longest permissible length of a contract. I don’t see how an attorney for the NHL loses this one if litigated to an arbitration award. One also has the videos showing the GM ridiculing his own contract. At some point it goes from being silly to being outrageous in terms of contract lengths that nobody expects the player to perform until the contract expiration.
What if, after the NHL reviewed the Hossa and Pronger contracts came out last year, the NHL actually publicly said something to the owners/GMs about these contracts getting out of hand? I thought they were warned last year. Would that have any bearing on the case?
Phoblographer and Finn Aficionado
SISU
by Jamie Kellner on Aug 2, 2010 10:21 PM EDT up reply actions
Warnings by the NHL
I could easily see an arbitrator deciding that with the statements made by the NHL, New Jersey was trying to sabotage the process and still keep Kovalchuk happy by trying. It looks like a situation where the 17 year period is outlandish in order to make a 12 year period look sane. The conduct by New Jersey in the fact of warnings could be viewed as further evidence of an intentional circumvention of the salary cap by the contract. There is no other purpose one can envision than to create a retirement account for Kovalchuk to be paid to him even though he does not take up a roster spot. Who believes Kovalchuk would decide he loves NHL hockey so much he will play for a small fraction of his salary up through age 40 or so? Kovalchuk couldn’t pass a lie detector test that he intended to fulfill the contract. If I were the attorney, I’d have a polygraph operator present and I’d say, let’s test this baby out. It isn’t a criminal case, we can agree to anything. If you three, agent, GM, player will take a lie detector test, if you all three pass that your true intention is to stay within the rules and the you expect Kovalchuk to play until age 44, so be it. We’ll concede as long as you’ll concede it is a void contract if you don’t pass. Put up or shut up.
I like Grossman, but there is no way he could pass a polygraph on this contract.
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