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NHLPA Files Grievance On Behalf Of Dustin Byfuglien

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A strange story that had grown cold over the past month is back in the spotlight once again with a new twist. Sportsnet’s Elliotte Friedman reports that the National Hockey League Players’ Association has filed a grievance with the league challenging the suspension of Winnipeg Jets defenseman Dustin Byfuglien. The case will now go before an independent arbitrator, unless of course the two sides can come to an agreement beforehand.

Byfuglien, 34, has not played for the Jets this season and has been suspended without pay entirely thus far in 2019-20. This all began back in September, when Winnipeg announced that the veteran defender would be taking a leave of absence for undisclosed personal reasons. He reportedly was taking time to consider his playing future, despite having two years and $14MM in salary remaining on his contract. Many speculated that his absence could have less to do with wear and tear and more to do with personal issues. When training camp arrived and Byfuglien had still not reported, the Jets, in need of salary cap space, suspended him without pay indefinitely until the point that he either returned to action or formally retired.

At the time, there was no indication that Byfuglien’s leave or his sudden concern for his future were related to injury. However, the Jets may have been holding back information on his unexpected absence. Byfuglien underwent surprise ankle surgery in late October, after which the team announced that they were “aware” that he was considering the surgical option for a previously undisclosed injury. The team did add that they were not involved in the decision-making process and that Byfuglien went under the knife without any recommendation from the team’s medical staff.

Herein lies the upcoming battle between the NHL, defending the Jets, and the NHLPA, arguing for Byfuglien. The players’ association will argue that, had Byfuglien reported to camp with his injury and the team had agreed that it was a hockey-related injurythat requiredsurgery, he would be collecting his salary for this season. If his sudden consideration of retirement was fueled by injury concerns, but he chooses to work his way back into game shape and re-join the Jets, should he not have been compensated for that time? The NHLPA may also flirt with the possible punitive nature of this suspension. Byfuglien’s absence came as a shock to Winnipeg, who this summer allowed Tyler Myers and Ben Chiarot to walk as free agents and traded away Jacob Trouba, all under the impression that Byfuglien would be around for at least two more years. The team could not have been happy with his leave of absence and reportedly had been trying to convince him not to retire and return to play. However, if his injury also came as a surprise to the team, they may not have been willing to recommend surgery and end up just as short-handed on the blue line, but also paying Byfuglien’s salary. The NHL may feel that the Jets are punishing Byfuglien for blindsiding them, while still hoping that he will return. With that said, the league’s counter will simply be that Byfuglien did not abide by the terms of his contract. If he had concerns over an injury and his longevity in the game, he should have reported to camp and discussed those issues with the team. Winnipeg could also take issue with when and how the injury occurred and whether it was related to any previous injury issues. By taking a leave of absence and then undergoing unapproved surgery, the NHL will argue that Byfuglien cannot just retroactively say that his motivations are to play for the Jets again and he is thus deserving of his salary while he has kept the team in the dark on a number of matters this whole time.

Surely there is more to this story than has been revealed to the public and perhaps more will come out now that a grievance has been filed. There is no timeline as of yet for a potential arbitration hearing, though one would think it would have to come before Byfuglien has fully recovered from his ankle surgery and has the option to return to action with the Jets. In many cases, the NHLPA files a grievance on behalf of a player against his former team, making this an unusual case as Byfuglien remains Winnipeg property until he formally retires. Recent grievances related to issues with former Tampa Bay Lightning defenseman Jake Dotchin and Los Angeles Kings forward Mike Richards were settled long after the initial dispute occurred. That may be different in this scenario. Stay tuned.

Bobby Ryan Enters Player Assistance Program

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Bobby Ryan will be away from the Ottawa Senators indefinitely after entering the NHL/NHLPA player assistance program, the league announced today. This is the same program that Micheal Haley entered last fall when he was with the Florida Panthers. It is designed to help players and their families treat health issues, including substance abuse. Senators GM Pierre Dorion released a short statement through Bruce Garrioch of Postmedia:

Bobby is an important member of the Ottawa Senators family and he has our full support as he tends to this matter.

Neither the league or union will comment further on Ryan’s leave, but immediately after the announcement social media was full of support for the veteran forward.

Ryan, 32, has just four points this season and was made a healthy scratch at one point, a far cry from his dominating 30+ goal seasons with the Anaheim Ducks at the beginning of his career. PHR wishes him the best and hopes he gets whatever assistance is needed.

Overseas Notes: Olympics, Lindberg, Ozhiganov, Tikhonov

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As expected, NHL Commissioner Gary Bettman met with NHLPA Executive Director Donald Fehr and IIHF President Rene Fasel this week in Stockholm, Sweden, the site of the NHL Global Series, to discuss another international hockey event: the Olympics. Although the next Winter Olympic Games are not until 2022, there needs to be a decision on participation in Beijing, China sooner rather than later, especially as that decision is tied into collective bargaining between the league and players’ association. However, Sportsnet’s Emily Sadler relays that Bettman told the collected media yesterday in Stockholm that he had “no news to report” on an Olympic resolution, and the NHL’s stance on participation remains pessimistic:

We had another meeting. We’ve had many, many meetings, and there is no news to report… I don’t want to sound like a broken record on the subject, but I think going to the Olympics is a challenge for us. I know the players love representing their countries, I know that the players like going, I know that the players that don’t go like having a break in the middle of the season. But from our standpoint, we have found going to the Olympics to be incredibly disruptive… I think it has some pretty material downsides in terms of what happens to our season.

  • Tobias Lindberg is ready to get his 2019-20 season started. After seemingly holding out hope for a contract in North America, Lindberg has finally opted to return home to Sweden. Timra IK of the SHL has announced a one-year deal with Lindberg, who adds another stop to a lengthy list of teams he has played for in his young career. The 24-year-old forward is most well-known by NHL fans not for his short stint with the Toronto Maple Leafs, but for his tendency to be traded. A fourth-round pick of the Ottawa Senators in 2014, Lindberg was dealt to Toronto in the Dion Phaneuf deadline deal of 2016. He spent a season with the Leafs organization before being traded to the Vegas Golden Knights early in 2017-18, who flipped him to the Pittsburgh Penguins later that season. The Penguins sent him back to Ottawa in December of last year, who in turn gave him back to Vegas at the deadline. In total, the capable AHLer has been involved in five NHL trades compared to just six NHL games and it could be good for his development to find some stability in Timra, at least for one year.
  • A blockbuster trade in the KHL this week featured two former NHLers. Defenseman Igor Ozhiganov, who played for the Toronto Maple Leafs just last year, was dealt by Ak Bars Kazan to SKA St. Petersburg in exchange for forward Viktor Tikhonov, who has spent multiple seasons in North America with the Arizona Coyotes and Chicago Blackhawks. Defenseman Roman Rukavishnikov will also move to Kazan. Both teams currently lead their respective divisions with Ak Bars sharing the top record in the KHL, making this a rare swap between top contenders. Tikhonov had been buried under the tremendous forward depth of SKA and should be able to play a larger role with his new club. Tikhonov, who recorded six points in 50 games between the ‘Hawks and ‘Yotes in 2015-16, is no longer a dynamic offensive talent, but plays a well-rounded game and can provide leadership and experience to a Kazan club that hopes to make a deep playoff run this year. Rukavishnikov, a physical stay-at-home defender, will also help to make up for the loss of Ozhiganov. Meanwhile, SKA lands one of the top blue liners in the KHL. Ozhiganov had eight points through 19 gamed with Ak Bars, which would put him on pace for a career high in scoring, especially with the firepower of St. Petersburg at his disposal now. Ozhiganov recorded seven points in 53 games with Toronto last season and looked like a player who could have found employment in the NHL again this summer had he wanted to stay.

Snapshots: Trade Bait, Byfuglien, Landeskog

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Frank Seravalli of TSN has released his first Trade Bait board of the season, and at the top is Chris Kreider of the New York Rangers. Both Seravalli and Elliotte Friedman of Sportsnet have now suggested that Kreider could be a worthwhile option for the St. Louis Blues while they deal with the absence of Vladimir Tarasenko, though neither scribe does anything more than speculate on the situation.

More interesting perhaps is Travis Hamonic’s appearance relatively high on the board, after recent news came out that he would not negotiate an extension in-season with the Calgary Flames. Hamonic has all the makings of a top trade deadline acquisition—a 29-year old right-handed defenseman with an expiring contract that carries a reasonable $3.86MM cap hit—but he’s also still an important part of a Flames team that had big expectations this season. It’s still early, but as the calendar turns to November trade speculation is about to heat up.

  • Dustin Byfuglien’s representatives are in discussions with the NHLPA about his injury situation according to Darren Dreger of TSN, who suggests things “could get complicated” if it is determined that the ankle injury that recently needed surgery did occur playing hockey. Things are already complicated when it comes to Byfuglien, whose status as suspended by the team has not changed according to Winnipeg Jets general manager Kevin Cheveldayoff, who declined to provide much of an update today.
  • While the Colorado Avalanche have still not confirmed what Gabriel Landeskog’s injury is aside from it being “lower-body,” A.J. Haefele of BSN Denver saw the forward in a walking boot last night and had heard rumors of a broken foot. The team listed Landeskog as out indefinitely, but head coach Jared Bednar had explained his captain will miss significant time.

Overseas Notes: Olympics, Rattie, Brickley

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As collective bargaining continues to progress between the NHL and NHLPA, one of the major issues still in discussions is the league’s participation in the Olympics. The NHL notably sat out the 2018 Winter Olympic Games in Pyeongchang, South Korea, as the owners’ complaints included the extended break in the league season, the injury risk to star players, and the lack of value in the locale. With the first two arguments unchanging and the next two Games being held in Beijing, China and Milan, Italy, it is unlikely that the NHL Board has changed their stance on Olympic participation. However, there is a reason why “bargaining” is a key word in the CBA. If Olympic participation is a sticking point for the players, the NHL could use it as leverage in another area of negotiations. Sportsnet’s Chris Johnston reports that NHL Commissioner Gary Bettman, NHLPA Executive Director Donald Fehr, and IIHF President Rene Fasel plan to meet in Sweden in two weeks during the NHL Global Series between the Buffalo Sabres and Tampa Bay Lightning in Stockholm. The trio of leaders will discuss the issues and options regarding the league’s Olympic participation, but there is unlikely to be a resolution from just the one meeting. Johnston calls the Olympic issue a “major hurdle” in CBA talks, so it could be that the upcoming summit is just the beginning of working toward an answer.

  • One of the more notable NHL players to sign in Europe this off-season is already out of a job. The KHL announced that Lokomotiv Yaroslavl has terminated the contract of forward Ty Rattie. It’s unclear if this was a mutual termination or if Rattie was cut from the team, but either way the 26-year-old winger will be looking for a new place to play. The news comes as a surprise, as Rattie has recorded nine points in 16 games for Lokomotiv and was part of a strong core group of former NHLers alongside Stephane Da Costa, Anton Lander, and Jakub Nakladal. The KHL is no stranger to payroll problems, which may have led to Rattie’s release, but one would think that the team could have traded him instead. Thus, it is more likely that Rattie requested his contract be terminated to go play elsewhere. After a career-high 50 NHL games with the Edmonton Oilers last season, it very well could be that Rattie feels he belongs in North America and has been waiting for an opportunity. Stay tuned to this story to see what comes next for the former second-round pick.
  • Going the other way is big, two-way forward Connor Brickley. Brickley had a difficult summer, failing to find an NHL contract despite a full season with the Florida Panthers in 2017-18 and a nice stretch run with the New York Rangers last year. On top of that, he failed to turn PTO’s with both the Rangers and their AHL affiliate, the Hartford Wolf Pack, into a contract. As a result, Brickley has decided to take his talents to Germany. EC Salzburg of the Austrian-based EBEL has announced a one-year contract with Brickley. A high-scoring AHLer and a veteran of 81 NHL games, Brickley immediately becomes the most decorated player on the Red Bulls’ roster and should provide a major boost to the team this year. Brickley likely hopes that a dominant performance in the EBEL will be enough to garner more attention in North America next off-season.

Snapshots: Capitals, World Juniors, CBA Talks

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Two of the biggest names among impending unrestricted free agents belong to the Washington Capitals. Long-time cornerstone Caps and Stanley Cup winners Nicklas Backstrom and Braden Holtby will both see their current contracts expire this summer, barring an extension before then. Yet, TSN’s Pierre LeBrun reports that there has been little in the way of contract talks between Washington and either Backstrom or Holtby. LeBrun states that the team has decided to be patient with the decisions, letting the season play out as a way to better gauge their needs moving forward. He adds that the team is on the same page with both camps in this regard as well. It could be that the team waits through the whole season before making a call on Backstrom and Holtby, taking both individual and team performances into account. Thus far, Holtby, 30, has struggled in net – for the second year in a row at that – posting an .884 save percentage and 3.60 GAA in eight games for the Capitals, losing three starts to 22-year-old Ilya Samsonov. Continued poor performance, especially in light of Samsonov’s strong play, could convince Washington GM Brian MacLellan that he does not need to pay the premium price required to retain the 30-year-old Holtby. Meanwhile, Backstrom is still playing at the same elite level, recording nine points in eleven games so far and leading all Capitals forwards in even strength ice time. The 32-year-old has been the epitome of consistency throughout his whole career, recording 882 points in 906 career games while skating in less than 90% of Washington’s games in a given season just once. It’s hard to say that Backstrom has ever had a bad season and it may be difficult for MacLellan and company to say goodbye to a player who has never given any indication that his days and an impact player are anywhere close to being over, unless they determine that the Capitals days as true contenders are over and the team is in need of transition. The salary cap will of course play a major role in these decisions as well. Washington has $63.5MM tied up in just 14 players next season, and likely lack the space needed to re-sign both Holtby and Backstrom while filling out the rest of the roster. Which way they go, re-signing on or the other or perhaps neither, will be a tough call and the Capitals are smart to use all of the information available, including this season’s results, to make that decision.

  • TSN colleague Bob McKenzie also notes today that Hockey Canada is in the beginning stages of forming their official roster for the 2020 World Junior Championships later this winter and are hoping that they can count on the three players currently in the NHL who also qualify for inclusion on the U-20 roster: the Coyotes’ Barrett Hayton, the Blackhawks’ Kirby Dach, and the Islanders’ Noah Dobson. The pair of centers and dynamic defensemen are each of their respective team’s top prospects, but their usage so far this season has been minimal. All three of Hayton, Dach, and Dobson have played in just two NHL games so far this year and are still eight games away from burning a year on their entry-level contracts. However, for Hayton and Dobson, McKenzie does not believe that the ten-game limit is a concern, as he doesn’t feel Arizona nor New York plan on sending their promising prospect back to the junior level. That doesn’t mean that they can’t still be loaned to Team Canada for the WJC though; it is not an uncommon practice for young pros in need of experience playing at different levels of competition instead of solely in the NHL to briefly leave their clubs for the international exhibition. With that said, both the ‘Yotes and the Isles hope to be playoff teams and may be unwilling to give up top young players mid-season, especially if they have become regular contributors. As for Dach, it is still unclear what Chicago’s intentions are this season. The youngest of the group, the No. 3 overall pick in June, Dach has spent some time in the AHL this season and has seen limited ice time in his two games with the Blackhawks. The team could still decide he would be better off with another year in the WHL, although McKenzie believes they are not yet ready to make that decision. Either way, Dach stands the best chance of participating in the WJC, given his current role in Chicago and the expectations of the team this season.
  • LeBrun also reports that, while there haven’t been any in-person meetings this month, collective bargaining continues between the NHL and NHLPA. Back in September, both the league and the players’ association declined to use their opt-out clause in the CBA, which would have prematurely ended the current agreement after this season. The decisions extended the CBA through the 2021-22 season, giving the parties plenty of time to work through their issues. However, both sides felt comfortable in declining their opt-outs as a result of positive ongoing talks and all stakeholders of hockey wanted to see that progress continue. LeBrun writes that those talks have not stalled, but are simply now ongoing in a more behind-the-scenes fashion. The hope is that the NHL and NHLPA can sort out a new collective bargaining agreement long before the September 2022 expiration date of the current deal and put to rest any thoughts of another work stoppage. Continued talks are a good sign that labor peace will come easier this time than in years past.

Valentin Zykov Suspended 20 Games

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1:30pm: Vegas GM George McPhee held a press conference to address the news, and explained how the team found out. McPhee told reporters including Jesse Granger of The Athletic that Zykov admitted to taking the supplement that caused the positive test for four years.

12:35pm: Vegas Golden Knights forward Valentin Zykov has been suspended 20 games for violating the terms of the NHL/NHLPA Performance Enhancing Substances Program. This is the second consecutive year the Golden Knights have lost a player for a suspension like this, after Nate Schmidt was handed a  20-game ban last season. The Golden Knights released a statement:

We were notified by the NHL and NHLPA that Valentin has violated the terms of the NHL/NHLPA Performance Enhancing Substances Program. We monitor the nutrition, supplement intake and overall diet of our athletes on a continual basis throughout the entire season. Valentin knowingly used a banned substance without the consent, recommendation or knowledge of our team. We support the NHL/NHLPA Performance Enhancing Substances Program and respect the decision here.

Zykov also released a statement through the NHLPA:

I have been informed that I am being suspended for 20 games under the NHL/NHLPA Performance Enhancing Substances Program. While I haven’t been able to discover how I tested positive, I understand that I am responsible for what is in my body and will accept this penalty. I want to apologize to my family, my teammates and the Golden Knights organization and fans. I will work hard during my suspension to ensure that I put myself in the best possible position to contribute to my team when my suspension is over.

The 24-year old forward has played seven games with the Golden Knights this season, registering two points in limited ice time. Originally a second-round selection of the Los Angeles Kings, he has just 47 games under his belt at the NHL level and played for three different organizations during the 2018-19 season.

On the second season of a two-year contract that carries a $675K cap hit and scheduled to become a restricted free agent next summer, this suspension will not help Zykov’s quest to become a full-time NHL player.

He is eligible to return for the Golden Knights game on November 29th against the Arizona Coyotes.

Evening Notes: CBA Talks, Kempny, Smith, Miller

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The good news for the NHL and the NHLPA is that both sides continue to have bargaining talks to work towards a new CBA contract. While many thought talks might cool down between the two sides after the players opted out of its option to terminate the current agreement, that has not happened. However, Sportsnet’s Chris Johnston writes that there are other issues that could make it an interesting negotiations.

One of the biggest roadblocks is Olympic participation as the league isn’t that interested in allowing players to play.

“I’ll say, because I think I need to say, from the NHL owners’ perspective, Olympic participation is not seen as something that’s either essential or even useful to our business,” said deputy commissioner Bill Daly. “It’s highly disruptive to our season, puts our players in jeopardy of injury with no financial benefit to the NHL or the clubs.”

If the NHL wants to bend on this aspect of negotiations, they would have to not only change their stance, but then begin negotiations with the IOC in regards to travel, insurance and hospitality arrangements, which had been the issues that the NHL had with the IOC in the past.

  • The Washington Capitals are already getting forward Evgeny Kuznetsov back from suspension, but they might just be closer to getting back defenseman Michal Kempny, who has been out with a hamstring injury, according to The Athletic’s Tarik El-Bashir (subscription required). Head coach Todd Reirden said that until Kempny competes in 5-on-5 practice and can prove he’s healthy, Reirden won’t even consider playing him. The next opportunity to prove himself will be Monday.
  • Newsday’s Colin Stephenson writes that New York Rangers defenseman Brendan Smith, who was used as a fourth-line forward Saturday, but also used as a defenseman in short-handed situations, could find himself in a similar role for a while. Head coach David Quinn said that he likes using Smith in that role. “I think he had a really good (training) camp, and he had a great stretch last year when he played forward and no problem playing it for an extended period of time,’’ Quinn said of Smith, who scored an empty net goal in the season opener Thursday against Winnipeg, when he was on the ice as a defenseman in a six-on-four situation.
  • Sticking with the Rangers, The Athletic’s Rick Carpiniello (subscription required) writes that after hearing that New York prospect K’Andre Miller was suspended at the University of Wisconsin, he immediately called Wisconsin head coach Tony Granato, who acknowledged that the infraction that got him suspended wasn’t serious. “Nope. Nothing major,” said Granato. “I have done the same with probably seven or eight guys already. … It is exactly what it is. He broke a team rule and is suspended for (Sunday’s) inter-squad game. Nothing more.”

Evening Notes: Officials, OHL, Capitals

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The focus of late has been on peaceful collective bargaining talks between the NHL and NHLPA. The players’ association formally declined their opt-out on Monday, extending the current CBA through the 2021-22 season, while the two sides continue to work toward a new agreement. Meanwhile though, the league has been embroiled in another labor negotiation. The NHL Officials’ Association watched their deal with the NHL expire at the end of August and the two groups have been working hard to come to a resolution before the puck drops on a new season. Fortunately, a deal has been made with time to spare. Sports Illustrated’s Michael Farber was the first to report that the terms of a new agreement have been agreed for the NHL’s referees and the deal needs only to be ratified by the Officials’ Association. While neither side has confirmed the new agreement, TSN’s Pierre LeBrun also hears that a resolution has been reached, adding that it is a four-year term. Luckily, the NHL won’t have to deal with replacement referee any time soon, a debacle that played out poorly for the NFL in 2012.

  • The Ontario Hockey League began their regular season today and the league announced Opening Night rosters for each of its 20 teams. While many of the biggest names in the OHL are still competing in NHL training camps, many have already been returned to their clubs to start the junior season on time. Ontario will also be home to three of the biggest names in the 2020 NHL Draft class: forwards Quinton Byfield (Sudbury Wolves) and Cole Perfetti (Saginaw Spirit) and defenseman Jamie Drysdale (Erie Otters). After a down year for the OHL – and Canada as a whole – in last year’s draft, this promises to be a bounce-back year with plenty of draft-eligible talent to watch.
  • Drysdale’s team, the Erie Otters, also started off the season with an exciting announcement. The team revealed a new ten-year lease agreement with the Erie Insurance Arena, keeping the team in the Pennsylvania city through the 2028-29 season. The decision was likely a no-brainer for the city of Erie. The Otters have been one of the top junior teams in all of the CHL over the last decade, winning the 2016-17 OHL Championship and producing the likes of Alex DeBrincat, Dylan Strome, Anthony Cirelli, and, of course, Connor McDavid. The “McDavid Era” vaulted the popularity of the Otters and has created a nice fan base in Erie.
  • The Washington Capitals have cut two junior players from training camp, but won’t return them to their clubs just yet (if at all). Both Kody Clark and Riley Sutter, a second- and third-round pick respectively in 2018 and both part of famous hockey families, are no longer competing for an NHL roster spot. However, the team announced that they have been assigned to minor league camp with the Hershey Bears for now. Why? Both players are dealing with injuries and will continue to rehab under the supervision of the Washington medical staff before likely heading back to junior. Clark and Sutter are both currently battling upper-body injuries, but should be back competing in the CHL soon, with a possibility they stick in Hershey.

NHLPA Formally Declines CBA Opt-Out Clause

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Just like the NHL did a few weeks ago, the NHLPA has now formally declined their option to reopen the CBA following the 2019-20 season. That means the current agreement will remain in effect until September of 2022, avoiding any work stoppages during that time. The NHLPA executive director Donald Fehr released this statement:

While players have concerns with the current CBA, we agree with the league that working together to address those concerns is the preferred course of action instead of terminating the agreement following this season. We have been having discussions with the league about an extension of the CBA and expect those talks will continue. 

When combined with the league’s decision, this is a very positive step that guarantees labor peace for at least three more years. The two sides will have a much longer runway to approach any CBA extension discussions, though by no means are those talks settled. The players and league both indicated in their announcements that they are not fully satisfied with the way the agreement is currently structured, meaning there will surely be some tense negotiations in the future. Topics like rising escrow levels, contract structuring and international competitions are some of the hot-button topics, though there are sure to be more brought up in the next few years.

Still, this can be celebrated by hockey fans that were dreading another work stoppage at the end of this season. The league has frustratingly gone through several over the last few decades, including the most recent one during the first half of the 2012-13 season. With this announcement, the hockey world can enjoy this season without the feeling of impending doom that has so often accompanied the sport.

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