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NHLPA Files Appeal On Behalf Of Brad Marchand

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Feb 16: The appeal is taking place this afternoon in New York, where Marchand will plead his case to try and get a reduced sentence. He has already served three of his six games, with the Bruins going 1-2 in his absence.

Feb 11: The NHLPA has filed an appeal on behalf of Brad Marchand regarding his recent six-game suspension. The first appeal will be to commissioner Gary Bettman, after which Marchand can appeal to an independent arbitrator. Speaking to the media today, Marchand gave his thoughts on the suspension, and a three-game ban that he received earlier this season:

We believe that the last suspension was very hefty. When I got three games, it should have been one, based on the fact that I have turned my game around and become a pretty good player in this league. Like they said, you’re not going to escape the history part of it which ultimately set me up for this one. I’m not going to say or justify that what I did was right. But this was a very deep suspension for these actions. 

Marchand went on to suggest that the way suspensions and other supplementary discipline are handled in the NHL will be a big issue when it comes to negotiating the next CBA, and believes his actions, in this case, weren’t suspension-worthy on their own. It’s his history that obviously came into play here, given he has been suspended seven times in the past to go along with five fines.

He has already served one game of this six-game suspension, and it is currently scheduled to expire after the Bruins play the Colorado Avalanche on February 21. Even if he were to receive a reduced sentence from one of the levels of appeal, it may not necessarily get him back in the lineup any sooner, depending on how long it takes to go through the process. What it could do is save him some money, as Marchand is forfeiting nearly $450K with this current ban. Any reduction in the sentence could force the Bruins to pay him retroactively, even if it comes down after the games are missed.

If Boston can get him back any sooner though, it certainly would be an important change. The team is without Patrice Bergeron as he deals with a concussion and looked outclassed against the Carolina Hurricanes last night, losing 6-0 and being outshot 43-34. While Marchand may be a polarizing figure to many hockey fans, he’s arguably the most important forward on the Bruins roster and has 49 points through 39 games this year.

It’s not often that you find wingers that have received Hart and Selke trophy votes in five consecutive seasons but that’s exactly what Marchand has done, as he turned himself from agitating two-way player to one of the best all-around forwards in hockey. Any game without him in the lineup will leave Boston at a severe disadvantage, so getting him back is a top priority.

This is not the first suspension to be appealed this season. In December, Bettman decided to reduce Jason Spezza’s six-game suspension to four after the Toronto Maple Leafs forward filed an appeal. That case couldn’t be more different from this one though. Spezza’s actions were obviously a targeted attack on a player that he was angry with, but it was his long history of clean play that Bettman referenced when reducing the suspension. In this case, it was Marchand’s history that directly led to the league handing down such a “hefty” ban.

NHL, NHLPA Update League COVID-19 Protocol

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The NHLPA and NHL announced today in a joint press release that they’re issuing a set of modifications to the league’s COVID-19 protocol, which will come into effect for each team immediately following their last game before the league’s All-Star break in the schedule.

The five-point list of major edits to the league’s protocol is as follows:

  • The NHL/NHLPA recommend that players receive a booster vaccine as soon as they become available to them. However, at this time, no booster vaccine is required by the league for a player to participate in game action.
  • The league is removing enhanced safety measures put in place in December as the surge of Omicron cases in the United States begins to decrease. They are reverting back to the protocols that were in place at the start of the season, with only a few small changes.
  • One of those changes is the mask requirements for players. Cloth masks will no longer be permitted as appropriate face coverings; only N95 or KN95 masks will be accepted.
  • Fully vaccinated individuals will no longer be required to undergo daily testing.
  • The testing requirement for close contacts has been lifted.

It’s important to keep in mind that this is still a baseline requirement that teams and players are required to follow to fulfill league responsibilities. Local and federal regulations will always hold precedent over the NHL’s protocol.

With the testing requirement being lifted for fully vaccinated individuals, expect the number of players entering COVID protocol on a daily basis to continue to dwindle. Nearly every NHL player is fully vaccinated, and it’s likely that only symptomatic individuals will now enter protocol and be unavailable to teams.

NHL To Change Testing Protocols After All-Star Break

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The NHL has announced that it will make some changes to their COVID-19 testing procedures following the All-Star break, according to Frank Seravalli of Daily Faceoff and Elliotte Friedman of Sportsnet. Seravalli reports that asymptomatic players and staff will no longer be tested for coronavirus, provided that COVID-19 rates around the league continue to decline over the next few weeks. Testing will then only happen following symptoms or for cross-border travel.

Notably, Seravalli adds that 73% of NHL rosters have tested positive this season and approximately 60% in the last five weeks. The NHL already had protocols in place to stop testing players for 90 days after their positive case. The current procedures are in place through February 3, while the NHL and NHLPA will meet before January 31 to review and approve the proposed changes.

In a press release, the league has confirmed the potential changes and listed them as follows:

Testing Protocol: The plan is to continue the current testing Protocol through Feb. 3. Provided positive test results continue to decline within the NHL, and pending review and agreement by Jan. 31 by the NHL’s and NHLPA’s medical experts, the Protocol will be updated as follows:

i. There will be no testing of Fully Vaccinated Players and Staff during the All-Star break (including for participating Players and staff), unless needed for travel or development of symptoms.

ii. There will be a single test upon re-entry to Club facilities post-All-Star, after which there will no longer be asymptomatic testing, or testing of Fully Vaccinated close contacts.

iii. Thereafter, testing will continue only on a limited “for cause” basis in Fully Vaccinated Players and Staff who develop symptoms or require testing for cross-border travel.

iv. The post-COVID “testing holiday” will remain at 90 days, but symptom-based testing can still be done at the team physician’s discretion. Testing for cross-border travel post-COVID will be dictated by the relevant health authority, which is currently 90 days for entry to the U.S. and 180 days for entry to Canada.

Taxi squads, which were introduced in late December as teams were struggling to ice full rosters, are scheduled to disappear again after each team’s final game before the All-Star break. Whether they are maintained past that is still unclear at this point. Friedman reports that a revised schedule for the February Olympic break is expected as early as tomorrow. More than 100 games have been postponed so far.

NHL And NHLPA Recreate Taxi Squads Through All-Star Break

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6:00 pm: The NHL has officially reintroduced the taxi squad system through the All-Star Break, per CapFriendly. Like last season, there is a six-player maximum to the taxi squads. However, there are some slight changes. Non-emergency-recalled-players who were on an NHL active roster, injured reserve, or NHL non-rostered on December 22 aren’t eligible to go on the taxi squad. Waiver-exempt players aren’t eligible, either, and neither are players who’ve dressed in 16 of their team’s past 20 games. There are other minor stipulations as well.

1:15 pm: Amidst a rapidly escalating number of players being unavailable due to their placement in COVID protocols, the NHL and NHLPA are working on a few different short-term solutions, reports Sportsnet’s Elliotte Friedman (Twitter link).  Among those is the recreation of taxi squads which would be optional for teams to use and would run through the All-Star break in early February.

The taxi squads were in use for all of last season with a record number of daily transactions occurring as teams shuffled players back and forth.  Some were to keep players fresh and seeing game action in the minors while many were simply to get players off the salary cap on days where they weren’t playing.  Assuming those same rules were to apply this season, there will be considerable activity on that front once again.

Of course, there are other considerations at play. AHL teams are already starting to have their rosters stretched thin due to outbreaks and recalls for players either in COVID protocol or out due to injury.  There would be short-term pressures at the lower minor league levels with many ECHL players signing AHL deals, creating holes for the ECHL teams to fill and so on.

Friedman notes that there are other options being discussed as well.  Cap-exempt emergency recalls with a player making less than $1MM is apparently on the table and that price point – which sits $250K above the minimum salary – is high enough for most teams to be able to call players up without much issue.  Meanwhile, with several teams having to turn to emergency backups on one-day contracts – commonly referred to as EBUG’s – Friedman reports that teams may soon be allowed to simply recall a replacement netminder rather than having to have an EBUG dress for a game first to trigger a cap-exempt recall situation.

An official announcement on the schedule, as well as any changes to protocols such as these, is expected later today.

NHL/NHLPA Pause Cross-Border Travel, Issue Updates On Season And Olympics

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The NHL and NHLPA released a joint statement today that the league will postpone any games that require cross-border travel through the holiday break. The 12 postponed games are as follows:

Canadiens @ Islanders (12/20), Ducks @ Oilers (12/20), Blues @ Senators (12/21), Canucks @ Sharks (12/21), Canadiens @ Rangers (12/22), Jets @ Stars (12/22), Oilers @ Kings (12/22), Blues @ Maple Leafs (12/23), Hurricanes @ Senators (12/23), Canadiens @ Devils (12/23), Ducks @ Canucks (12/23), Oilers @ Sharks (12/23)

Adding on these 12 games, there are now 39 games that the league has postponed this year. As instances pop up of players stuck on the wrong side of the border and potentially unable to get home for the holidays, the pause comes now to prevent any future situations like this from occurring.

However, the NHL and NHLPA in today’s statement remained with their stance today against placing a pause on the entire regular-season schedule. The league will continue to monitor COVID outbreaks on teams on a case-by-case basis, stating that they “will be monitoring not only the number and pattern of positive COVID results but also the depth of Club line-ups so as to ensure both the health and safety of the Players and the integrity of League competition.”

The two parties also gave an update on the potential of Olympic participation, stating they’ll reach a final determination within the coming days. They’re “actively discussing the matter” and commit to remaining flexible. The NHL has until January 10, 2022, to opt out of the Olympics without incurring a financial penalty. Sportsnet’s Elliotte Friedman speculates that an “Olympics without NHL players seems to be a reality,” but doesn’t expect a formal announcement for a few days.

Latest On NHL Olympic Participation

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The opening ceremony for the 2022 Winter Olympics in Beijing, China, is now just under two months away.

Yet it’s still not clear whether or not NHL players will be a part of the multi-week-long tournament, with the possibility of the league missing two straight Winter Olympics looming large. Information provided Saturday by the International Olympic Committee provided some more clarity on the situation, for better or for worse.

The key portion of all of it, summarized in this Twitter thread by TSN’s Chris Johnston, is the official word on the quarantine regulations if an athlete does test positive for COVID-19 while in China. Any positive test will yield an automatic quarantine that can last between three and five weeks. While players can test negative twice within a 24-hour span to exit protocol, similar to NHL guidelines, this is only applicable in China after the mandatory minimum 21-day quarantine.

That poses some serious issues for a variety of reasons. For one, if a player tests positive, they won’t get a chance to rejoin their team for the rest of the tournament as the quarantine period is simply too long. It’s also a giant question mark for players financially, especially if they test positive near the end of the tournament, as Johnston notes that teams aren’t required to pay players if they miss time on the other side of the Olympic break. However, a joint call between the IOC, IIHF, NHL, and NHLPA is expected soon to “review these matters,” per Johnston.

It’s a lot of food for thought for players, and the league is now making it clear that it will be entirely the players’ choice on whether they go, with deputy commissioner Bill Daly stating that “[he doesn’t] anticipate being on a different page than the players’ association on these issues.”

There are two paths in that regard. Players could just individually opt-out of playing in Beijing, something Vegas Golden Knights netminder Robin Lehner already did, justifiably citing mental health reasons. However, the possibility remains that the players could collectively elect to not attend the Olympics, marking the second straight Winter Games without an NHL presence.

While it was previously believed that the NHL had a strict deadline of January 10, 2022, to decide on their Olympic participation, it’s now clear, per Johnston, that it’s only a soft deadline. The NHL can opt-out after that point, but will incur financial penalties if they do so.

Gary Bettman: Olympic Participation “Ultimately A Players’ Decision”

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The NHL has more than a few concerns about participating in the upcoming Winter Olympics in Beijing, China. Speaking with the media, including CBC’s Joshua Clipperton, following the conclusion of Friday’s Board of Governors meeting, Commissioner Gary Bettman didn’t shy away from expressing his hesitations either:

We have real concerns on a whole host of issues… We have concerns, and we’ve expressed those to the players’ association… Our concerns have only been magnified… I actually find it difficult to believe that a player would want to go…. I don’t think that this is going to be the ideal Olympic experience in terms of the lockdowns in the Olympic Village and everything else that’s going on.

The league’s apprehension is based mostly on the continued issues with the spread of the Coronavirus, not only across the league but on a global basis, China included. The NHL has seen the majority of its teams impacted by COVID-19 already this season, including at the cost of some games. Olympic participation would mean sending its biggest stars off, out of the protection of the league’s protocols and to the origin point of the virus and to protocols that have yet to be finalized and announced. In that same vein, Bettman discussed the possibility that China could mandate a three-week quarantine for any athletes who test positive for COVID and stated that he would be surprised if any NHLer would risk an additional three weeks in the country in order to play at the Olympics. Beyond the COVID conversation, there are also a number of political red flags as the governments of both Canada and the United States have become more vocal of late about the human rights violations taking place in China.

Yet, with all that said, Bettman is standing by his word. Barring a joint decision between the NHL and NHLPA – with Deputy Commissioner Bill Daly stating his expectation that the two sides would be on the same page should it reach this point – to disallow participation, the final decision will lie with the players themselves:

We made a promise to the players, and I’m going, to the best of our ability, adhere to it, understanding that there may be consequences that nobody’s gonna like… It’s not like we haven’t expressed our concerns. But in the final analysis, subject to some caveats, with all of the issues that are being raised… the players, for the most part, seem to continue to be saying they want to go… ultimately, this is going to have to be a players’ decision.

A return to the Olympics was in fact collectively bargained when the NHL and NHLPA agreed to a new CBA last year. The players have right to compete for gold if they so choose, though it is obvious that the league would rather they not. Bettman does note that more players have expressed their concerns of late, but will it be enough? That remains to be seen with time ticking away before the opt-out deadline of January 10 and the opening of the tournament in two months.

Snapshots: COVID Protocols, Rangers, Kane

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Even with over 99% percent of players and 100% of staff being vaccinated against the Coronavirus, the NHL has still been faced with constant issues battling COVID-19 this season. While only two teams have had games postponed due to COVID outbreaks, 19 different teams have had to enter heightened COVID protocols at some this season. As a result, the league is contemplating stricter protocols for all teams if the virus continues to be a problem. Deputy Commissioner Bill Daly tells TSN’s Chris Johnston that the NHL is currently working with league doctors to evaluate their COVID numbers and current protocols to see if changes can improve the state of the league’s battle with COVID. The NHL then plans to meet with the NHLPA soon to share their findings and to discuss options to better protect players and staff, as well as the league product. The COVID conversation will also impact the Olympic question, with understandable concerns from the league and players’ association about sending their stars to China given the ongoing spread of virus despite vaccination measures. The deadline for the NHL to pull out of the Winter Games in Beijing is January 10, so the upcoming meeting with the NHLPA could be a critical juncture for a decision.

  • Despite the havoc that the Coronavirus has wreaked on the past two NHL seasons (and counting), team valuations have somehow not just held strong, but in fact increased. Forbes published their 2021 NHL team values today with the impressive headline that the New York Rangers have become the league’s first $2 billion team. The Original Six franchise in the biggest market in North America increased in value by 21% from 2020 without making and significant improvement in their on-ice product. It bodes well for another potential jump next year, with the Rangers currently holding the best record in the Metropolitan Division. Unsurprisingly, New York is followed by fellow Original Six members in the Toronto Maple Leafs, Montreal Canadiens, Chicago Blackhawks, and Boston Bruins. Yet, it is not just the storied franchises who continue see growth in their value. On average, each team improved in value by 32% this year following a 2% dip the year before. The factors contributing to these soaring numbers are the league’s new media contract, their many new facilities, and of course the addition of their newest team, the Seattle Kraken. The recent sale of the Pittsburgh Penguins for $900 million also provided Forbes’ Mike Ozanian with a very up-to-date benchmark of actual real world value of a top franchise. While the optics of the past couple seasons – canceled games, limited attendance, temporary realignment – may portray a struggling league, the NHL has actually excelled in the face of adversity in their battle with COVID-19.
  • One player who is likely more familiar with financial terms that he ever hoped is San Jose Sharks forward Evander Kane. The controversial star has had quite the year with bankruptcy proceedings, a league investigation into illegal gambling, a league suspension for COVID Protocol circumvention and more. Kane has seemingly been losing money at every turn. However, he is now off his suspension and – though reassigned to the AHL – ready to get back on the ice and earning his pay check. Well, maybe not so fast. Curtis Pashelka of the San Jose Mercury News writes that the organization is not yet ready to give Kane any game action, even with minor league Barracuda. Pashelka writes that concerns about his conditioning, having missed training camp and the first quarter of the season, have limited Kane in practice and will keep him from competiting again this weekend. Pashelka also mentions an undisclosed injury and quotes Kane as being on board with a slow approach to returning to play. However, the scribe also touches on what is likely the root cause of Kane’s inaction: trade value. It does not appear as if Kane is welcome back in the Sharks’ locker room, but with three years remaining on a hefty contract, he needs to play somewhere. The consistent scoring forward is an established asset: high-end ability on the ice, red flags off the ice. San Jose is working the phones to find a new fit for Kane and won’t gain any leverage by having play in AHL game. However, they could lose out if he is injured. As a result, Kane could be used sparingly until he is eventually dealt elsewhere.

East Notes: Flyers, Mittelstadt, Spezza

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Following the coaching change in Philadelphia on Monday, the Flyers find themselves down a couple of assistant coaches; Michel Therrien was let go while Mike Yeo moved from assistant to interim head coach.  The team is looking to hire an assistant soon, notes Sam Carchidi of the Philadelphia Inquirer (Twitter link) with player development coach Nick Schultz helping out in the interim.

One candidate for a spot on Philadelphia’s bench is Adam Foote, Sportsnet’s Elliotte Friedman reports in his latest 32 Thoughts column.  The 19-year NHL veteran isn’t currently coaching anywhere and last worked during the 2019-20 season when he was the head coach at WHL Kelowna.  The Flyers’ back end has struggled this season and adding someone who was a strong NHL defender in Foote could certainly help, especially with youngsters Ivan Provorov and Travis Sanheim.

Elsewhere in the East:

  • The Sabres may be without center Casey Mittelstadt for a while again, relays Mike Harrington of The Buffalo News. The 23-year-old was injured in Tuesday’s contest versus Anaheim and head coach Don Granato revealed that it’s in the same area as the upper-body injury that took him out in the season opener that kept him out for six weeks.  Mittelstadt is undergoing testing to determine the extent of the injury but Granato acknowledged that it could be another long-term issue.
  • The NHLPA announced (Twitter link) that, as expected, they have indeed filed an appeal on the six-game suspension for Maple Leafs center Jason Spezza for his kneeing incident on Winnipeg blueliner Neal Pionk. Commissioner Gary Bettman will hear the appeal first and has the authority to reduce the suspension.  If he elects not to do so, it can then go to a neutral arbitrator although, by the time that would likely be scheduled and a ruling rendered, the suspension will have been fully served.

Snapshots: COVID, Olympics, Canucks

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The postponement of the Ottawa Senators’ upcoming slate of games amidst a Coronavirus outbreak in the locker room has certainly raised some flags across the league. TSN’s Darren Dreger reports that many are concerned not only about the ongoing crisis the in Ottawa, but about the frequency of cases popping up around the league. With more than 99% of players and all coaches and staff vaccinated, it is alarming how frequently individuals are being forced to enter the NHL’s COVID Protocol. There was talk earlier this season of reducing testing due to many of those in the protocol being asymptomatic, but in Ottawa and recently in San Jose as well, those sidelined by COVID have in fact been very symptomatic. The league had no choice but to postpone Senators games as the roster had been depleted by the sickness sweeping through the locker room and keeping players off the ice for far longer than just a simple formality might for others in the protocol. As Dreger points out though, the league cannot afford multiple postponements such as this. On one hand, the season is already longer than usual due to the Olympic break and on the other the league cannot take the revenue hit of missed games after two consecutive shortened seasons. As of right now, the only steps being taken by the league to combat the COVID issue is to recommend boosters to its players and personnel. However, re-enacted restrictions could be coming down the line if cases continue at this rate.

  • The Olympics could be at risk if the NHL is unable to control their COVID cases and postponements continue. However, Pierre LeBrun does not believe that this conversation is being had just yet. The NHL and NHLPA agreed to terms – with each other and with the IIHF – to return to the Winter Games this year and that remains the plan. However, there is a January 10 opt-out date should the league decide that they need the currently-scheduled break to make up games postponed due to COVID. LeBrun says that there is no hard number that would trigger the NHL to pull out of the Olympics, but it will have to be an ongoing discussion between the league and players’ association. For now, he states that the two sides just met recently to discuss Olympic plans and are moving forward as planned.
  • Also moving forward as planned: the Vancouver Canucks. Patience is wearing thin amongst the fan base as the Canucks are off to another rough start this season, winning just five of their first 16 games and holding a bottom-five scoring differential league-wide. Despite adding more talent this off-season to an already-healthy payroll and largely avoiding injuries to key players thus far, the Canucks again look like they are far from a contender. Dreger reports that GM Jim Benning was called to meet with ownership about a path forward and they ultimately decided… to stay the course. Ownership apparently still believes in the plan that Benning and coach Travis Green have for the team, even though it has yielded few results thus far. Both sides will continue to preach patience to a rabid fan base that is growing tired of continued mediocrity. If things don’t change in Vancouver this season, it won’t be long until ownership joins the malcontents.

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