CapGeek never really removed the Kovalchuk contract — it has been there every time I’ve popped over to the site the last several days, such as when looking for numbers during arguments about “Who has the worst contract in hockey?”

Now that a grievance has been filed, Kovy is Devils’ property until the resolution of the arbitration process, whether ruled by an arbitrator or some sort of deal cut between all the parties.

the devils have no say in this process.

the NHL will absolutely delay as much as possible.

Really big decision?

It goes way beyond the IK contract and the decision of the arbiter will have significant implications for the whole league, League win or NHLPA. I suspect it wasn’t a decision that was made easily. I would imagine it was only after careful consideration, and likely the advice of several lawyers and/or independant arbiter organizations, that they determined a decision in their favor was likely and filed.

Its typical in legal cases to take as much time as is allotted. They filed early afternoon just in case something stupid is wrong (e.g. font size) with the appeal, that way they can fix whatever they need to by the deadline.

I suspect the NHL and the PA will have an arbitrator in place quickly.

I don’t. I imagine each side has a short list of names to propose, likely guys they think are far more likely to rule for them than against them. Unless there’s a name in common on both lists, the NHLPA and the League can play this sort of gamesmanship for a while hoping the other side caves. Not too long, mind you, for risk of being painted as obstructionist, but the selection of an arbitrator is equivalent to defining the terrain on which you fight a battle in wartime. It can have long-lasting ramifications, if not the ability to decide the outcome outright.

My question: why did the PA wait so long to request arbitration?

I imagine it has something to do with assembling the case the way they wish to present it, figuring out a short list of arbitrators to ask for, etc. I also wouldn’t be surprised if there were talks behind the scenes, trying to find another resolution outside the arbitration process.

Yes. Since the contract’s rejection is being challenged, Kovy is still bound to the Devils by the contract. However, he is not entitled to any of the benefits in it.

It’s Paul The Octopus!

Sorry, I didn’t mean to post without that.

So, anyway, does this mean I can stop refreshing every blog for news a million times a day?

They don’t need anything more than accusations. Such is the nature of the beast in the way the CBA is written.

I’m afraid it’s going to come down to one or more related questions that will need to be answered. “I understand that salary structure and term of the contract of contention are persuant to the guidelines set forth in the CBA as signed by the NHL and the NHLPA. What is the purpose of these 5 years at the end of this contract, and why is Player only being paid current league minimum for those 5 years?”

If that question can reasonably be answered by the Devils, Player or Player representation, the case is over in favor of the NHLPA. If it cannot, the NHL wins.

1. CBA refers to “Systems Arbitrator.” That’s One. Add anyone the arbitrator wishes to talk to. Likely to include Player, Team, Player Representation, League representation, some number of lawyers representing any of those participants, maybe a couple of girls in short skirts to bring drinks (if I was the Arbiter, that’d be one of my “musts”). The answer, One plus however many the Arbiter needs to make a decision. I doubt it will be a formal “courtroom” setting where particiapnts would sit, politely wiating their turn to speak while listening to everyone involved. But it could be I guess.

2. LOL. Transparency in the NHL does not exist. The only things we’ll know are when they find the arbiter and when the decision has been made. Some stuff may get leaked at some point, but I wouldn’t trust anything that comes from anyone but the Princilples in the Arbitration.

That is correct. It does seem as though both the NHLPA and the NHL are in breach of the CBA because there is no Arbiter as required by the CBA, nor have they designated Deans of the appropriate types of schools to appoint one. Unfortuantely for Mr. Kovalchuk and the NJ Devils, this could conceivably take the action here to the end of September, since these Deans would have 60 days to select the Arbiter, then the 48 hour window for decision would occur.

I wonder…could this lack of an Arbiter be an “out” for the Devils, legally? Obtain an injunction to prevent the League from acting under these clauses since neither the League nor the NHLPA adhered to the CBA 48.5?

I thought about the same thing the other day, relating to when Lou got an injunction after the Schoenfeld incident, but I think – certainly don’t know for sure – that when a club agrees to be part of a league, it agrees to live by the rules and not to challenge their validity in an outside court. Likewise I assume they have agreed to be bound by the arbitrators decision, like it or not.

I would love to be a fly on the wall at these hearings. I assume Lou has his end covered, but from Daly’s comments it seems like the NHL is loaded for bear as well. As I posted before, I think this is a feeling out process. Lou pushed the limit with the league, the league pushed to see if the PA would defend these contracts, the PA responded that it will defend the players, and now I think everyone is waiting to see how this test case boils down as it will have major ramifications on next years FA crop.