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Making Your Case At An Arbitration Hearing

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With the salary arbitration figures for Tomas Tatar and Colton Parayko leaking today, it is worthwhile to take a look at what actually goes on at an arbitration hearing. Salary arbitration determines a player’s salary through a hearing governed by a third-party arbitrator. The arbitrator takes all the permissible evidence into account in deciding how much a player should be paid per year. This section outlines three key elements of that process: term, permissible evidence, and the decision.

Term

The party being brought to salary arbitration chooses whether the decision is for one or two years. If a team chooses, however, they are restricted to one year if the player is eligible for unrestricted free agent the following year.

Evidence

Parties can present witnesses, affidavits (sworn written testimony), documents, statistics, and any other relevant evidence during the hearing, subject to certain restrictions (see more below). The CBA suggests the following preferred evidence:

  • the player’s overall performance in previous seasons;
  • number of games played in context of injuries or illnesses (or lack thereof);
  • length of service in the league or with the team;
  • how much a player contributed to the success/failure of his team last season;
  • special qualities of leadership or public appeal relevant to his team responsibilities (i.e. the intangibles).
  • performance of players considered comparable to the player in question by either party; or
  • compensation of players considered comparable to the player in question by either party.

As stated above, this list is subject to certain restrictions.  The CBA prohibits parties from introducing or using the following:

  • any contract signed outside restricted free agency, including one signed after a team exercises a walk-away right;
  • any contract of a player not considered a comparable by either party;
  • any contract otherwise permissible that is signed less than three hours before the hearing starts.
  • qualifying offers;
  • the negotiation history between the parties, including any offers made;
  • testimonials, videotapes, newspaper columns, press game reports, or similar materials;
  • references to walk-away rights;
  • any award issued by an arbitrator that preceded a team exercising its walk-away rights;
  • a team or NHL’s financial condition;
  • a team’s salary cap (or floor) situation;
  • any salary arbitration award issued in ’05-’06; or
  • compensation information for salary arbitration awards issued before July 22nd 2005.

There are three main takeaways from the evidentiary rules. One, the arbitrator’s decision is based largely on a player’s stats and intangibles, and the compensation received by players with similar stats and intangibles. Two, visual evidence such as highlight reels and game tape do not factor in to the arbitrator’s decision. This makes any determination strictly fact-based. Finally, if, during a players hearing, a comparable player signs an otherwise admissible contract, that contract cannot be used as evidence by either party.

Decision

The arbitrator’s decision comes within 48 hours after the hearing closes. The decision states:

  • the contract term (one or two years as mentioned above);
  • NHL salary to be paid by the team for that term;
  • whether it is a two-way contract, and how much the player is paid in the AHL; and
  • a statement explaining the decision.

Walk Away Rights

A team may reject an arbitration decision in a player-elected salary arbitration if the award is $3.9MM or more per year. That threshold increases by the same percentage rate that the average league salary increases.

A team does not have unlimited walk away rights. Rather, the number of times a team can reject a decision is tied to the number of decisions issued. A team facing up to two decisions has one walk away right. A team facing three of four decisions has two walk away rights. Finally, a team facing five decisions has three walk away rights.

The consequences of rejecting a decision depends on whether the club elected a one or two year term. If the decision is for a one year term, the player immediately becomes an unrestricted free agent. If the decision is for a two year term, the player and team enter into a one year contract for the salary awarded. The player becomes an unrestricted free agent at the end of that year.

Vegas Golden Knights & Trade Deadline Capital

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As we look back at the recent NHL Expansion Draft, it seems as though the Vegas Golden Knights had a very clear plan. Three tenets seem to influence most if not all of their selections. Vegas Golden Knights

  1. Leverage your opportunity to gain draft picks and young players in exchange for taking a bad contract.
  2. If unwilling to deal, take players with some value and only one or two years remaining on their contract.
  3. If no players like that exist, take a pending free agent to avoid burdening your cap.

Though some may look at this and see an obvious strategy, it is amazing how closely the Golden Knights followed it. A quick look at their CapFriendly page and you can immediately see that they avoided players who were under contract long-term in the draft, as they currently have 16 players that will be unrestricted free agents either next summer or the year after that. Their only long-term contracts are Reilly Smith, David Clarkson and Erik Haula—players they acquired in trade (the Wild gave them the chance to sign Haula)—and Cody Eakin, who is under contract for a third season.

That cap flexibility is paramount to the Golden Knights, as it was never about building through the expansion draft. Almost none of the assets gained through a direct selection should play much of an impact on the team long term, and because of it GM George McPhee will be holding court on another transaction season next year. The trade deadline should be hugely influenced by the Golden Knights, with a large number of assets on the market.

James Neal, David Perron and Jon Marchessault, arguably the three most prolific offensive weapons the Golden Knights selected in the draft are all UFAs next summer, and would each command a hefty price on the open market. Established goal scorers are moved each spring for big packages, and each of these three are no different.

Brayden McNabb and Luca Sbisa headline the pending UFAs on defense and could each fetch a solid return at the deadline, especially if given increased roles for Vegas. Even Jason Garrison could be of some interest if the team is willing to retain a portion of his already (at that point) prorated salary. Garrison will probably get some powerplay time with the Golden Knights to boost his value come the deadline.

Past the UFAs, the team also has several pending RFAs already in their mid-twenties. Colin Miller for example will turn 25 just after the season begins, and is three years away from unrestricted free agency. It’s unlikely that the team competes for a Stanley Cup while Miller remains a cheap option, meaning moving him in the next year could fetch the biggest return. As a puck-moving defensemen he should get plenty of opportunity to show off his offensive upside.

Though some players will be moved out before the season starts because of the simple fact they currently have too many, it’s not unlikely that the Golden Knights will be holding all the cards come February once again. They could easily have half a dozen players on any trade bait list, and add to the impressive number of draft picks they already own.

Detroit Red Wings, St. Louis Blues Exchange Arbitration Figures With RFAs

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Arbitration is coming fast and furious later this week, with the hearings kicking off on Thursday with Colton Parayko and Tomas Tatar. Before that happens, teams and players need to exchange figures for the arbitrator to rule on. Elliotte Friedman of Sportsnet is reporting that the St. Louis Blues have submitted a two-year offer for $7MM (total), while Parayko wants a one-year deal worth $4.85MM. Friedman also reports that the Detroit Red Wings have offered Tatar $4.1MM, while the forward has asked for $5.3MM.

Unlike baseball, the arbitrator does not need to decide with one side or the other and can find a “middle-ground” salary for the player. Both of these teams would have walk-away rights from a potential decision, though it would be hard to see either of them allowing Parayko or Tatar to hit the open market. As always, a deal before the hearing is still likely between both sides as cases rarely actually reach arbitration.

Parayko, 24, is known as a budding superstar around the league but doesn’t have the experience or huge point totals to give him much leverage in the process. That said, there is leeway for an “intangibles” component which can use things like leadership and public appeal to sway the decision. Parayko is extremely popular in St. Louis as the team and fans see him as a building block for any future contender.

Tatar, 26, on the other hand has a much longer track record of success in the NHL after completing his fourth full season, but cannot be awarded a two-year deal because of his proximity to unrestricted free agent. It seems likely that the two sides will either take the one-year deal and part ways next summer, or somehow find a long-term deal that works. It was recently reported that Tatar turned down a five-year, $25MM deal and it’s clear that he values himself much higher than that.

Flames Notes: Ferland, Bennett, Iginla

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Micheal Ferland re-signed this Thursday with Calgary, and apparently he’s slotted for big things this year. Adam Gretz of NBC Sports reports that Ferland will play on the top line with Johnny Gaudreau and Sean Monahan. Ferland will be playing as the third wheel to the talented duo, but should be a productive member. Ferland has yet to cement himself as a consistent offensive producer, so this vote of confidence should be taken as a sign of his internally perceived value. With only 25 points last season, he’ll need to find a bit more of a knack for playmaking in tight spaces. As Gretz mentioned, he has posted a positive Corsi (52%) in the minutes he paired with the Gaudreau-Monahan duo. If nothing else, he’ll open up room for the line with his heavy forechecking style and if he stays with those two long-term, look for his next contract to be a good deal more expensive.

  • Sam Bennett is the only major RFA the Flames have yet to sign. He’s also a bit of a confusing commodity. He really regressed offensively in a manner no one was anticipating last season, and it’s hard to ascertain how much that will impact his upcoming deal. The Flames would likely like to lock him up for some of his UFA years, but Bennett seems to think he can prove his value in the immediate future. He remarked to the National Post’s Al Charest after their first round series that he’s “just getting started”, and it’s easy to believe him. He has incredible hands and seems more well-rounded than when he entered the league, even if he struggled to produce in 2016-17. His Corsi only went down slightly (.6%) while his Fenwick went up, and he did face a tougher quality of competition. Odds are that Bennett bounces back and earns a heftier long-term contract down the road. For now, somewhere around $3 MM seems a safe bet.
  • The two parties haven’t been linked, but at this late date might Calgary show an interest in reuniting with Jarome Iginla? Iginla has wanted a place on a contender for the last half-decade, and Calgary has shown that they could compete in the immediate future. Adding Mike Smith in net, adding Travis Hamonic and re-signing Michael Stone on the back-end, and with the youngsters another year older, they could do some damage come spring. One of Alex Chiasson or Kris Versteeg might need to slot down a healthy lineup on occasion if it were to happen, but Iginla would provide some invaluable leadership for the young core on a dirt-cheap deal. They have the cap room to make it happen if they so desire.

Wild Still Searching For Right Offensive Mix

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Perhaps a bit buried in Elliotte Friedman’s always phenomenal 30 Thoughts for Sportsnet, the Minnesota Wild may not yet be done performing “roster surgery” up front. They added Tyler Ennis and Marcus Foligno while subtracting Jason Pominville and Marco Scandella, but that may merely be the beginning of a season-long search for more dynamic and hard-nosed offensive players. Pominville himself is no slouch in terms of playmaking, so with his subtraction the team could still be on the hunt for something more.

Like a lot of other teams who were heavy competitors last season, the Wild have little cap space to play with. With RFAs Mikael Granlund and Nino Niederreiter  looking to consume much of that $15.79 MM the team currently has, they will likely end up with a $3 MM buffer, or slightly less to sign 4 roster players. It’s not a lot to add a huge name, but there are capable offensive players out there who could be acquired on the cheap. The organization prides itself on solid defensive play, but Thomas Vanek is a sure bet to pot quite a few goals. Jaromir Jagr is a still dynamic possession monster and could provide a boost if he were to take his seemingly inevitable paycut.

It looks probable that Minnesota will keep their options open on the trade market. If they didn’t like what July 1st offered, there are options available. Toronto’s James van Riemsdyk is supposedly available and could fit the mold of what the offense is trying to accomplish. Detroit’s Gustav Nyquist isn’t exactly a bruiser either but he would come cheap, or GM Chuck Fletcher could take a gamble on an older player in a struggles-for-struggles swap. There are plenty of teams that would be interested in Eric Staal, but it would be tough to fill that center hole internally. Their defense remains their greatest asset, and moving Jared Spurgeon is still a possibility, but do they trust Mike Reilly or Kyle Quincey to slot up if need be? The team could even opt to move Neiderreiter if another team is highly intrigued by his upside and they see a hockey deal.

Most likely, the Wild will resign themselves to simply adapting their offensive strategies after being absolutely shut down in the playoffs by St. Louis’ Jake Allen. 6 goals in 5 games while heavily out-shooting the opposition, cannot merely be blamed on poor luck and a hot goalie. The team will need its forwards to penetrate the tough areas of the ice more reliably and discourage perimeter play. Foligno is definitely a step in the right direction on that front, but look for Fletcher to add more grit and production up front, whether at the deadline or over the course of the year

Shero May Not Be Done Dealing

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The New Jersey Devils have had a phenomenal off-season by every measure. They lucked into the 1st overall pick and locked up Nico Hischier. They acquired Marcus Johansson for pennies on the dollar. They’ve shed salaries and ditched older, under-performing players. They bought out Mike Cammalleri and Devante Smith-Pelly for measly penalties and are embracing a full rebuild. About the only thing that could have gone better is if Ilya Kovalchuk’s rights were dealt for a king’s ransom.

According to Fluto Shinzawa of the Boston Globe, GM Ray Shero may not be done in trying to improve his team. Obviously, he needs to round out his depth, as there are only 34 contracts locked up, and the bottom lines and AHL need filling out. He also needs to re-sign RFAs Damon Severson, Stefan Noesen, Joseph Blandisi, and 6 others. Still, his team will find itself in the bottom 5 teams in cap expenditure, with $19.42 MM in space before any of these lesser signings. That leaves the management plenty of room to manuever.

Shinzawa suggests that Shero may utilize his relationship with Nashville GM David Poile to secure some extra scoring, considering the hefty sums they will need to hand out to RFAs Viktor Arvidsson and Ryan Johansen. While this is a possibility, it’s hard to see which contract Nashville would be willing to move. It’s perhaps more likely that Shero pursues a young defenseman. Anaheim still has a wealth of talent, and if they wanted to go the more aged route, Detroit is in a financial bind on the backend. Another name which might confuse some but who has a long relationship with Shero is Penguins’ D Olli Maatta. Maatta has vastly underperformed since signing his contract extension in Pittsburgh, and for the right price could be available. Vegas is still very willing to negotiate hockey deals, and their promising defenseman include the likes of Colin Miller and Shea Theodore.

Shero’s best ally right now is the cap crunch other teams are feeling. A productive forward could be sniped from Toronto on the cheap, and Chicago still needs to shed money somewhere along the line if the Marian Hossa LTIR situation goes south. He’s known primarily for his trade prowess which helped solidify the 2009 championship team in Pittsburgh, and it wouldn’t be out of character for him to again heavily work the phones. Hischier will need some sort of support, as the roster as it stands, while better than last year, is still incredibly lean.

Detroit’s Contract Pitfalls

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Detroit is currently dealing with one of the more contentious RFA negotiations in recent memory, as Tomas Tatar has refused a multi-year deal and is not happy with the franchise’s perception of him. The team also needs to negotiate a new contract for Andreas Athanasiou, a speedy center with flashy hands and a lot of upside. The major problem, however, is the cap space with which GM Ken Holland has to operate.

Detroit’s perilous situation is bizarre primarily because it has been largely self-inflicted, and unnecessarily so. The team already has an under-performing and vastly overpaid defensive group, but decided to bring in declining veteran Trevor Daley to a $3.17 MM, three-year deal. This places the team with $2.28 MM left in cap space while still needing to lock up Athanasiou and Tatar. It should be noted that 37 year-old Johan Franzen has been on long-term injured reserve since 2015, so they should be able to allocate his $3.95 MM salary to that reserve upon resumption of the season. Considering the apparently lax interpretation of the off-season rules, this effectively allows Holland $6.23 MM left to sign his two players. Theoretically, it could be enough, but in reality money will need to move out.

Tatar turned down a 5-year deal worth $5 MM per season, according to Michigan Live’s Ansar Khan. If that AAV isn’t enough, which it appears not to be, Holland is in a bit of a bind. Tatar was their only player to break 20 goals (25), and finished third on the team in points behind only Henrik Zetterberg and Gustav Nyquist. His offensive capabilities are pretty essential to a team hurting so badly for consistent production. Tatar wants his $6 MM, and there’s a good chance he’ll get it. Holland could try to deal Tatar before his arbitration date, but the return might not be as productive as Holland would like. If the parties do go to arbitration, Tatar will only need to sign for one season, which would almost assure his eventual departure.

Athanasiou will come cheaper and likely on a shorter term. If Holland can secure the player for under $2 MM, it would be a boon. The wiser move would be to try to extend the player on a longer deal in hopes that he becomes a bargain in the near future. Unfortunately, with the Tatar situation taking precedence, it seems an unlikely scenario. Even still, his measly $2 MM would put the Wings over the cap ceiling, even with Franzen on LTIR. So who would be on the outs?

Petr Mrazek was almost lost to the Vegas Golden Knights through the expansion draft, and with Jared Coreau playing stellar in the Grand Rapids, he seems the most likely candidate to move. He only costs $4 MM and after his down season, Holland would like to give Jimmy Howard the reigns back. Unfortunately, the Mrazek “attitude” rumors may have lessened his trade value. Perhaps even more importantly, the goaltending carousel has ground to a halt, with essentially every team securing a starter for the coming year.

Justin Abdelkader is on a really poor contract, complete with a no-trade clause, worth $4.25 MM AAV for the next six seasons. After a seven goal season, however, there won’t be many teams chomping at the bit for his services. Darren Helm didn’t fare much better offensively, but with a $3.85 MM contract and only four years on his deal, he’s not entirely unmovable. Again, he has a no-trade clause to complicate matters. There are the defensemen, such as Jonathan Ericsson, but with three years left and already declining at 33, he would also net little in return. Luke Glendening is an interesting option, as he is the cheapest of this group. Despite his two-way prowess, a forward with 3 goals in a season, even at a mere $1.8 MM, will still be a tough sell.

Ultimately, the Wings have overpaid a number of players and the contracts are for far too long. The amount of no-trade clauses handed out is an absurd hindrance when a team is trying to rebuild or retool. With 8 players on the roster with some sort of movement-limiting clause, Holland has few options to give himself relief. The worst case scenario would be to lose Tatar, but the team has truly painted itself into a corner regardless of who is shipped out. With an aging defense and an uninspiring offense, the Wings’ return to relevance will only be delayed from here on in.

Top Ten Remaining UFAs

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Before NHL free agency opened up this summer, PHR published a list of the top-50 NHL UFAs. Two weeks into the offseason and the majority have signed deals—leaving 18 out of 50 still looking for a new NHL contract.  Below are the top ten players still on the market:

[initial writeups credited to PHR’s Gavin Lee]

Read more

Los Angeles Kings Sign Five RFAs

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2:05pm: The team has also signed Mersch to a one-year, two-way deal. The 24-year old played 48 games for the Ontario Reign this year, scoring 33 points despite a knee injury that kept him out for almost two months. The former fourth-round pick made his NHL debut in 2015-16, and is still trying to make it back to the Kings.

1:05pm: The Los Angeles Kings have reached agreements with four more restricted free agents, signing Justin Auger, Andrew Crescenzi, Zachary Leslie and Kurtis MacDermid to one-year, two-way contracts that pay $650K at the NHL level. Crescenzi was the only one of the four with arbitration rights, though he declined to file earlier this month. The Kings now have three remaining RFAs to sign: Paul LaDue, Jonny Brodzinski and Michael Mersch, though none of the three filed for arbitration either.

Out of this group MacDermid may be the most interesting, though none of the four look to have much of an NHL future. MacDermid went undrafted and signed with the Kings in 2012, only to return to the OHL to develop his two-way game further. In 58 games this season with the Ontario Reign of the AHL, the 6’5″ defenseman put up 20 points and was a physical force on the ice, laying huge hits and dropping the gloves whenever necessary.

Auger, the highest draft pick of the bunch is another towering player who has some sneaky good hands and can contribute offensively at times. He, like the other three, seem destined to continue in the AHL for the foreseeable future, but Ontario fans won’t be upset about that. The club went 36-21-11 last season and should be competitive once again next year.

San Jose Sharks Re-Sign Chris Tierney

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7/13: The Sharks have officially announced the contract.

7/11: It may not be the fireworks that some Sharks fans are waiting for, but the team has brought back a dependable player for the 2017-18 campaign. TVA’s Renaud Lavoie reports that Chris Tierney, San Jose’s young two-way center, has signed his qualifying offer. The restricted free agent will return to the Sharks on a one-year, one-way contract worth $735K. Tierney will be an RFA again next summer, but has bought himself another year to prove that he is a worthy of a long-term contract, while also keeping the Sharks’ cap flexibility intact so that they can add more talent up front before next season.

Tierney, 23, was San Jose’s second-round selection back in 2012 out of the OHL’s London Knights. After a prolific junior career, he joined the Sharks for the 2014-15 season and immediately carved out a role for himself as a two-way center. A true 200-foot player, Tierney is consistent with his scoring, notching between 20 and 23 points in each of his first three seasons, and is clutch with his offense as well, with several game-winners in his young career and an impressive nine points and +8 rating during the Sharks’ run to the Stanley Cup in 2015-16. Given his moderate ice time, 13 to 14 minutes per night on the fourth line, Tierney’s modest production is more impressive than it may seem. However, where Tierney really excels is in his own end. The team’s checking line center, Tierney has developed great two-way instincts, is an adept shot-blocker, and led all Sharks last year in takeaways per 60 minutes.

Yet, this new contract does bring with it plenty of questions. Why was a valuable, young defensive forward forced to sign his lowly one-year qualifying offer? The only explanation is that one side or the other wanted that deal, otherwise one would think that a longer contract worth closer to Tierney’s true value could have been agreed upon, like many of those signed by restricted free agents in the past week or so. Perhaps the Sharks did not offer Tierney anything more than the qualifying offer, or maybe he is unhappy in San Jose and only wanted to sign on for one year at a time. Either way, this contract (and any possible underlying discontent) could make Tierney trade bait this summer as the Sharks look to improve their offense. Stay tuned.

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