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NHLPA

NHLPA May Bar Agents From Contacting Players Under 16

April 2, 2017 at 9:07 am CDT | by Mike Furlano Leave a Comment

TSN’s Rick Westhead reported last week that the NHLPA is considering a new regulation prohibiting any certified agent from contacting an under-16 player or player’s family. The NHLPA controls agents through a certification process, and only certified agents may represent NHL players.

The rule’s impetus lies with protecting young players from unreal expectations. According to TSN’s Craig Button, agents want to be hired, so they show these young players the upside without adequately explaining the potential downsides to professional hockey. An agent may hype up a potential signee without also focusing on a player’s faults. They provide the good without the bad, and that sets young players up with unreal expectations as to their professional future.

The downside to such a rule, however, is that young players benefit from advice pertaining to choosing between Canadian major junior hockey (OHL, WHL, QMJHL) and the NCAA. Players are drafted into the WHL as early as 14 years old, and joining any Canadian major junior team eliminates NCAA participation because the NCAA considers Canadian juniors a professional league.

Westhead quotes NHLPA spokesman Jonathan Weatherdon as stating that enforcing such a rule would be a onerous undertaking. It is difficult to police the actions of agents—especially when agents employ former players to act as liaisons to young players. These unofficial relationships make it difficult for a regulating body to determine whether an agent has directly violated any rules.

For now the new rule is merely a proposal with no imminent decision. The NHLPA would have to determine the rule’s scope, enforcement mechanisms, punishments, and enforcement strategies. If enacted, however, the rule would change the hockey representation landscape. Theoretically agents would have no contact with up-and-coming young players until their NHL potential is clear. It may prevent players from meddling agents hoping to latch on to the next star at a precarious age.

NHLPA

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Snapshots: Crosby, World Championships, Oilers

March 26, 2017 at 2:55 pm CDT | by Brett Barrett 2 Comments

It was a controversial week for Sidney Crosby.

He appeared to slash Sabres forward Ryan O’Reilly in a sensitive area, then broke Senators defenseman Marc Methot’s finger in half with another whack. The latter incident resulted in a pretty ugly injury (NSFW) and some angry comments from Senators owner Eugene Melnyk.

Melnyk told TSN 1200 that the league needs to “hammer these [players who slash]… you say you know what? You are done for 10 games.  We all know who [Crosby] is. The guy is a whiner beyond belief. You do this kind of stuff—I don’t care who you are in the league, I don’t care if you’re the number one player in the league—you should sit out a long time for this kind of crap.”

The comments were criticized by fans and media; Mike Johnson called the comments “off base” and tweeted a video of Senators players slashing opponents. Senators captain Erik Karlsson defended Crosby by saying plays like that “happen all the time.”

Ahead of Sunday’s game versus Philadelphia, Crosby responded to Melnyk’s comments. After declining to comment, Crosby said “he likes to hear himself talk, so let’s leave it.”

Superstars like Crosby are often the target of those little “whacks”; small slashes that go uncalled. Earlier this season, Johnny Gaudreau missed 10 games after being whacked at least 20 times by different Wild players in the same game.

“I’d love to see them crack down on it,” said Crosby. “It’s something that happens a lot… Obviously [Methot is] an example where if you get it in the wrong spot, it can hurt. Hopefully he’s back out there soon.”

  • The USA Women’s National Team is boycotting the upcoming Women’s World Championships over a dispute with USA Hockey. The players are currently paid just $6K for the six months leading up to the Olympics, and nothing else. The players want fair wages and for USA Hockey to put more money into the program to grow the women’s game. USA Hockey has been asking (and being declined by) high school players to play in their stead. Now the Men’s Program may be getting involved. Player Agent Allan Walsh reported that American NHL players may refuse to play in this spring’s World Championships in solidarity; the NHLPA has already come out in support of the women. Last year, the American side finished fourth in the tournament, the rosters for which are populated by NHLers who are no longer in Cup contention and the occasional draft-eligible player.
  • After Leon Draisaitl cracked the 70-point barrier on Saturday night, the Edmonton Oilers will have two 70-point scorers (the other being Connor McDavid with 88 points) for the first time in 11 years. The last time they did, it was Ales Hemsky and Shawn Horcoff with 77 and 73 points respectively in 2005-06. Incidentally, that’s the last time they made the playoffs. The Oilers have also surpassed 90 points for the first time since 05-06, and if they manage to finish first in their division (currently tied with San Jose and Anaheim for first), then it will mark the first division win since 1986-87.

Edmonton Oilers| Injury| NHLPA| Ottawa Senators| Snapshots Connor McDavid| Erik Karlsson| Leon Draisaitl| Marc Methot

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Snapshots: Agents, O’Regan, Penguins

March 24, 2017 at 4:47 pm CDT | by Gavin Lee Leave a Comment

In the newest column from Rick Westhead of TSN, he dives into the idea that the NHLPA is considering a regulation that would ban agents from contacting players under the age of 16. Westhead reveals the information that agents have been using former professional players as “bird-dog” scouts to contact young kids and establish relationships before anyone else can contact them—at ages of nine or ten years old.

As Westhead writes, this comes in conjunction with a study former Buffalo Sabres star Pat LaFontaine is conducting on the future of player development and drafting. We wrote in December about LaFontaine’s suggestion that the league change the draft age from 18 to 19. The idea that nine-year old kids would be recruited is hard to imagine, but for those who’ve ever been to a high-level tournament at that age easy to believe.

  • The San Jose Sharks have sent Daniel O’Regan to the AHL after playing his second NHL game on Monday. The 23-year old was the Sharks’ fifth-round draft pick in 2012 before heading to Boston University. He’s easily the Barracuda’s top scorer this year, with 52 points in 56 AHL games.
  • The Penguins will be without Evgeni Malkin again tonight as they “take a cautious approach”. The superstar center hasn’t played since March 15th, but is getting closer to a return. The Penguins need him if they’re to catch the Capitals for first place in the NHL and a better matchup in the first round.
  • Those Penguins may get Bryan Rust back though, as the winger is a game-time decision for them tonight. Jason Mackey of the Pittsburgh Post-Gazette did see Rust playing soccer in the hallway, for what it’s worth.
  • The Buffalo Sabres have signed Jonas Johansson, Justin Danforth and Ian Brady to amateur tryouts with their AHL affiliate Rochester Americans. Johansson—who should not be confused with the former Colorado Avalanche prospect—was the Sabres’ third-round pick in 2014 and has played quite well in the Swedish second league, even making his Elite League debut this season. The goaltender shows exceptional potential, and could develop into an NHL netminder one day.

AHL| Buffalo Sabres| Colorado Avalanche| NHLPA| Pittsburgh Penguins| San Jose Sharks| Snapshots| Washington Capitals Bryan Rust| Evgeni Malkin

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Unpacking The Court’s Decision On The Wideman Suspension

March 16, 2017 at 8:32 pm CDT | by Mike Furlano 2 Comments

Yesterday the Southern District of New York confirmed a neutral arbitrator’s decision to reduce Dennis Wideman’s suspension from 20 games to 10 games. Wideman incurred the suspension after striking a referee during a game late last season (video link). Unless the NHL decides to appeal—which is unlikely given the ruling—this ends the Wideman disciplinary issue between the NHL and NHLPA.

The controversy centered on whether Rule 40.2 (intent to injure an official) or 40.3 (no intent to injure an official) applies. The NHL initially suspended Wideman 20 games under Rule 40.2. Rule 40.2 states that any player who deliberately strikes an official and causes injury, or deliberately applies physical force with intent to injure shall be suspended no less than 20 games. The rule defines intent to injure as any physical force that a player knew or should have known could reasonably be expected to cause injury. The NHLPA argued that 40.3 applied instead, which carries a lesser minimum suspension of 10 games. The NHLPA argued that Wideman’s concussion sustained just prior to hitting the official made him unable to comprehend the situation enough to satisfy intent to injure.

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Under the CBA, the NHLPA can first appeal to Commissioner Gary Bettman. If the NHLPA is dissatisfied with the Commissioner’s decision, it could appeal to a neutral arbitrator. The arbitrator would not conduct a new hearing, but rather review Bettman’s decision, and hear new evidence not presented at the initial hearings. Bettman confirmed the NHL’s 20 game suspension, so the NHLPA appealed to the neutral arbitrator.

The neutral arbitrator ruled that the evidence did not support the NHL’s decision that Rule 40.2 applied. Rather, he found that 40.3 applied, and reduced Wideman’s suspension to 10 games.

The arbitrator’s decision wrestled with the CBA’s internal inconsistencies. The CBA defines the standard of review for the arbitrator, but those standards contradict themselves. First, the CBA says that the arbitrator must determine whether the NHL’s decision was supported by substantial evidence. Second, the CBA authorizes the arbitrator to consider new evidence not presented to the Commissioner. The introduction of new evidence seems to contradict reviewing whether the Commissioner’s decision was supported by the previous evidence.

The arbitrator resolved this by stating that the standard of review is whether the Commissioner’s decision is supported by the all the evidence, including the new evidence not previously available. If the arbitrator determines that the decision is not supported by the evidence, then the arbitrator has full remedial authority to issue another ruling.

Using this standard, the Arbitrator ruled that there was little to no evidence supporting Bettman’s decision that Wideman intended to injure the referee. He based this on two findings. First, that there was “not even a scintilla of evidence” that Wideman—with an excellent disciplinary record—would intentionally strike the referee. Second, that because Wideman was concussed (both parties agreed) he could not have anticipated that his applied force would cause the referee to fall and bang his head. The second finding was based on the arbitrator’s finding that the frame-by-frame video replay showed Wideman’s pushing the referee with his hand rather than crosschecking him.

The NHL disagreed with the arbitrator’s decision, fired the arbitrator, and filed a complaint in Federal Court to vacate the decision. The NHLPA responded by asking the Court to either dismiss the complaint or confirm the decision.

The Court granted the NHLPA’s second request and confirmed the arbitrator’s decision. The Court stated that it was bound by a very limited standard of review. It must confirm the arbitrator’s decision as long as the arbitrator was “arguably acting within the scope of his authority” and the award “draws its essence from the CBA.” Simply put, the Court must defer to the arbitrator unless no reasonable argument exists in the CBA to support his decision. Mere disagreement—that is, if the Court might have decided the issue another way—is not enough.

Bound to this standard, the Court found that the CBA was internally inconsistent, and the arbitrator worked within the CBA to rectify the contradictions. The arbitrator’s decision was reasonably based on the terms in the CBA, and that was enough for the Court.

 

Arbitration| Calgary Flames| NHL| NHLPA Dennis Wideman

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