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The Second Ilya Kovalchuk Contract with the New Jersey Devils - Why Hasn't the NHL Approved This Yet?

Back on Friday, the New Jersey Devils submitted a second contract with Ilya Kovalchuk to the NHL. Unlike the first contract, full details on this second deal aren't available.  However, enough details have been reported to get a grasp on how this deal is different from the one back in July.

If there are any additional details, such as a full breakdown of the contract or a listing of trade clauses (if any), then please let me know in the comments.  (Update: Nick Kypreos has the full breakdown at Sportsnet.ca. Thanks to C.J.Richey121 in the comments) Still, based on what Gulitti and Kypreos has reported, this should be enough to correct the root causes for what got the first deal rejected.  I explain my reasoning after the jump.

Star-divide

There are two things to keep in mind that drives my reasoning.  The first is this report from Damien Cristodero of TampaBay.com that stated that the NHL was OK with the Vincent Lecavalier contract extension.   The details of that contract extension can be found at CapGeek.   Essentially, Lecavalier's guaranteed 97% of his total contract extension in the first 8 years of his 10 year extension and the deal will take him to 40.  He also has a no movement clause on the deal.   The NHL has went out of it's way to tell the Lightning organization that they have no problem with this contract.

Well, the known details of this second contract for Kovalchuk aren't dissimilar.  Kovalchuk will be on the books for 2 more years, but he's getting a less-frontloaded contract than Lecavalier.  In fact, while Lecavalier's deal tails off in the final three years of the deal; Kovalchuk will see his tail dip and then spike at $4 million at the very end.   If the NHL has no problem with Lecavalier's contract; then there shouldn't be any problem with this deal short of some shocking information.

The second comes from the ruling made by Richard Bloch earlier this month in sustaining the NHL's rejection of the Ilya Kovalchuk contract.  Bloch made his ruling based on the contract as a whole insinuated that Kovalchuk would not complete it.   That the length of the first deal and the breakdown in salary with the long tail in the final 6 years of the deal and the usage of no trade/movement clauses suggested that Kovalchuk would get out before the end of the deal.  We can disagree on that, but that's how Bloch ruled it. 

It would be more definitive with a full breakdown, but again, I think the reported information is enough to eliminate these issues. This new deal cuts back on the proportion of salary by years.  The higher "tail" along with the $4 million in the final year should suffice as an incentive for Kovalchuk to play out the length of his contract.  (Aside: Not to mention hearing that he can't possibly play for that long for most of summer. Spite is your friend, Ilya. Show them all.).  I don't think the length of the contract shouldn't be an issue either since there are active NHL players at age 42 (and beyond in the case of Mr. Mark Recchi).  Even without knowing how the clauses are broken down, based on current information, two of the issues that guided Bloch's judgement are adressed to some degree.

Update: Here's the full salary breakdown of the Kovalchuk contract reported by Kypreos at Sportsnet. I am not seeing anything here that changes my mind.  Remember: they've accepted the contract extension for Lecavalier.

Both the Bloch ruling and the NHL's reassurance to the Lightning that Lecavalier's extension may also help explain why the NHL is dragging their feet on this new contract.   Yes, the NHL is contractually obligated to take up to 5 days to approve or reject a contract.   However, there may be indecision on what to do.  For the first Kovalchuk contract, news that the NHL rejected the deal came in the evening that Kovalchuk was officially announced as a signed New Jersey Devils.  The NHL certainly came up with their decision quickly.  Yet, here we are, with no word on what the league will do for this second deal that was submitted this past Friday.   I would think the NHL may not be happy with this deal, but don't necessarily have the basis for rejection given what Bloch ruled and what they already deemed acceptable to other teams.  Surely after the NHLPA filed a grievance for the first deal, they can (and probably will) do so again which would cause another arbitration hearing.  Even if Bloch is still the arbitrator, the NHL is going to have to have something solid for Bloch to sustain a rejection of this new deal. 

Basically, I don't believe the NHL can't just reject the contract for the sake of rejection.   Therefore, I think they are looking for something in this new Kovalchuk deal that would give them an argument.  However, they aren't successful yet - so they may just drag their feet and begrudingly accept it.  That's the most cynical opinion I can come up with.  It's entirely possible the problem has more to do with formalities and minute details that's just taking a long time to resolve, and the NHL will ultimately accept it as-is tomorrow.

This is where the situation has become frustrating and maddening for fans and reporters alike.  Please recall that the Devils met with the NHL to discuss the framework of the deal last week.   I personally find it hard to believe that even if the NHL said "no" to the proposed framework, per Gulitti, that the Devils and Jay Grossman didn't leave the league offices knowing what would and would not be allowed.   Please recall that NHL Deputy Commissioner Bill Daly was willing to tell me - me, of all people! - that NHL teams are aware of where the league will "draw the line" for future contracts on August 13.  I find it even harder to believe the Devils ignored any internal messages from the league given what happened with Kovalchuk.

As far as I see it, to suggest that the Devils made a mistake with this contract is to suggest that the Devils to saw the first deal rejected, that rejection sustained in arbitration, get told by the league internally what the guidelines will be for future deals, went to discuss a framework with the league, and then submit a second contract for Ilya Kovalchuk that the league wouldn't accept.  I can't accept that the Devils would be that tone-deaf, provided I have all of this correct.

What exacerbates the frustration is when reporters, who are just as interested in seeing some kind of conclusion as we are, hear from a source about how there could be a decision of some kind made today.  It's 7:10 PM EDT as of this writing, and there's no update. Nothing on Twitter but frustration over the lack of news.  I suppose there wil not, in fact, be a decision today.  And I feel bad for those reporters because I'm sure their sources aren't feeding them garbage, yet they look terrible because the NHL is going the full length on making a decision on this deal.  Not any other deal, mind you, just this one.

I feel bad for most of the parties involved. As a fan, I feel bad for my fellow fans who want closure. As a consumer of hockey media, I feel bad for Gulitti and other reporters, who want to report what's happening instead of going with "sources."  As a supporter of the team, I feel bad for the Devils, both who would love to know whether they have to dump salary soon and whether their team will have a potential-50-goal-scorer or not.  As someone who knows hockey is a business, I feel bad for the Devils marketing staff who would have appreciated being able to promote Kovalchuk along with their Jersey Tour stops and other initiatives, and possibly sell some more tickets for 2010-11.  I feel bad for Kovalchuk, who apparently wants to be a Devil, wants to be a Devil for a while, but still doesn't know if he has to come to New Jersey for training camp in a few weeks.

But not the NHL.  Since the arbitration ruling, the NHL has been the dominant one in this drama.  Even right now, the decision to accept or reject the new deal is in the NHL's hands and they have decided to sit on them. Whether to go through it thoroughly or to pick out a flaw to justify a rejection, I don't know.  It's their right to do so, but this is nothing short than just petulance in my view.

Anyway, I hope this explains why I feel the second Kovalchuk contract shouldn't be a problem, and I hope you don't mind some venting about the whole situation.  There will definitely be some closure tomorrow, but I'd be lying if I said it wasn't at least a little annoying that the NHL has been silent.   Please let me know your thoughts about this whole mess in the comments, and do remember to follow the rules as always. Thanks for reading.

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Wow

Thanks John, I will now delete my story on the same topic :).

That said, the SPC is an 11 page document, which to my understanding can’t have it’s verbiage modified. It shouldn’t take this long to evaluate the salary structure for a 15 year deal. Especially one that has already been spoken about.

I wasn’t that annoyed at the process though until I saw Dreger’s tweet today that an NHL GM (aka Burke, Brian) had said the deal ‘was trying to hide the crime’. If an NHL GM knows the parameters of the deal, isn’t the NHL acting in bad faith by exposing it to other parties not involved?

And if there is a second arbitration case, I think Bloch is out.

by Tom Stivali on Aug 31, 2010 7:47 PM EDT reply actions  

I wasn’t that annoyed at the process though until I saw Dreger’s tweet today that an NHL GM (aka Burke, Brian) had said the deal ‘was trying to hide the crime’. If an NHL GM knows the parameters of the deal, isn’t the NHL acting in bad faith by exposing it to other parties not involved?

The NHL GM may have his own sources or is basing their statement based on what has been reported so far.

I’m not going to believe it was Brian Burke unless there’s proof. It could be any NHL GM outside of Lou.

Devils in my heart! Devils in my mind! Devils in my eyes! Devils until I die!
In Lou We Trust - The New Jersey Devils SBN Blog

by John Fischer on Aug 31, 2010 8:19 PM EDT up reply actions  

Sather, Holmgren, Lombardi, Shero, Snow, Regier, Murray, Burke, Sutter, Fletcher, Niewendyke, etc. Any GM could have said that. I don’t think its Burke now. He put his name out that he was against the deal (1st deal) and that he testified against Kovy. Why would he cover up his name this time?

Mathew Barnaby to Lyle Odelein: "Cornelius, as we like to call him, gets under your skin. Planet of the Apes. Look at him. Seriously. He looks like Cornelious."

Odelein to Barnaby: "He should take a look at his wife. She's God-awful to look at."

by RolliePollieKovy on Aug 31, 2010 8:23 PM EDT up reply actions  

There is enough circumstantial evidence for me to conclude it’s Burke. Dreger only has access to a few GM’s or sources close to them., and one of those teams is Toronto. Plus, the quote’s ‘crime’ argument sounds like the ‘murder’ argument Burke made a few weeks ago. I would also still love to know why he testified.

by Tom Stivali on Aug 31, 2010 11:11 PM EDT up reply actions  

Circumstantial evidence isn’t evidence at all.

Devils in my heart! Devils in my mind! Devils in my eyes! Devils until I die!
In Lou We Trust - The New Jersey Devils SBN Blog

by John Fischer on Aug 31, 2010 11:16 PM EDT up reply actions  

Yes it is. I am inferring from Dreger’s sources and the context of the quote that Burke was in fact the quoted GM.

by Tom Stivali on Aug 31, 2010 11:28 PM EDT up reply actions  

No, it isn’t. Evidence by it’s nature has to have some definitiveness. A fact that shows that no one else but Burke can say this would be evidence. What you’re doing is nothing more than guessing.

You and I have no idea who Dreger was talking to (or, rather, who was talking to Dreger); and while Burke has been on record saying he’s not happy about this deal, that’s not enough to conclude he’s the only GM to possibly have said this statement.

Devils in my heart! Devils in my mind! Devils in my eyes! Devils until I die!
In Lou We Trust - The New Jersey Devils SBN Blog

by John Fischer on Aug 31, 2010 11:37 PM EDT up reply actions  

All those who have been convicted in the court of law with circumstantial evidence would certainly disagree with you. Circumstantial evidence is evidence.

LIke I said I am making an inference based upon the fact that a fair number of Dreger’s scoops are related to the Leafs (remember his cousin is an SVP for the Leafs) and that Burke has been vocal about this deal. If I was purely guessing I would say something like ‘Sather must of said it because he hates the Devils’.

by Tom Stivali on Aug 31, 2010 11:50 PM EDT up reply actions  

However...

An inference is not quite circumstantial evidence.

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by FrankG929 on Sep 1, 2010 8:30 PM EDT up reply actions  

There is something seriously wrong with the NHL when it takes five days to review a contract. I know nothing about the CBA and I think I could review a contract in atleast 4 days.

by C.J. Richey on Aug 31, 2010 7:52 PM EDT reply actions  

I think that the league wants to do away with these life-time contracts. A contract signed today gives guaranteed money to the player when a new collective bargaining agreement comes into effect in two years. There is a good chance that the new agreement will have the effect of driving down salaries altogether and a pre-existing agreement would be exempt from that. For this review to take the full five days they are either going over this contract meticulously looking for a flaw that could be used to reject it, or they are taking the maximum time in an attempt at posturing for other teams that may try to craft similar deals. I’m sure the demands of Kovy for maximum dollars and the demands of the Devils for minimum cap hit have resulted in a contract that is stretching that clear line that Daly said existed.

by DevilsDDS on Aug 31, 2010 7:58 PM EDT reply actions  

I think the issue

arises from the NHL not wanting to approve the contract, but at the same time, not wanting to be forced to void contracts they’ve already approved.

Sharlon Schoop - de favoriete Nederlandse honkbalspeler van McCovey Chronicles.
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by Viliphied on Aug 31, 2010 8:00 PM EDT reply actions  

Well, I’m thinking to myself: hey NHL, quit while you’re ahead! The league won the previous arbitration hearing, that gives the league enormous power to investigate other deals. Now, should the league reject this contract and then the NHLPA win the arbitration hearing that would insue, the league could lose some of that power.

The league might not like the Devils, or Kovalchuk, or the CBA, or all three, but they HAVE to a) keep Kovalchuk in the NHL and not let him go to a different league and b) establish itself as the more powerful entity than the PA, which it has right now.

Yankees in baseball, Giants in football and Devils in hockey. It's that simple. I have no off-season.

by DownGoesAvery on Aug 31, 2010 8:03 PM EDT up reply actions  

This assumes that the contract, if rejected will go to arbitration. The NHLPA is not required to file a grievance. (I’m sorry to be such a pessimist.)

by kellyn on Aug 31, 2010 8:25 PM EDT up reply actions  

At this point I don’t think I would want another grievance filed unless Donald Fehr was somehow involved. To wait another three weeks to go through the arbitration process again means the Devils would have to shed salary in anticipation of a Kovalchuk signing. If the NHLPA lost again, then the Devils could be without Kovalchuk AND players like Salvador or Zubrus.

by Tom Stivali on Aug 31, 2010 11:15 PM EDT up reply actions  

Approved?

The league said that there are players that played last year without “approved” contracts. I think Pronger’s and Hossa’s were a couple that might be re-reviewed.

by DevilsDDS on Aug 31, 2010 8:04 PM EDT up reply actions  

All current NHL contracts are approved

What makes Hossa, Pronger, and Luongo stick out is that they’ve been under “investigation.” The CBA allows for investigations of indefinite length, so who knows what the NHL will do.

Devils in my heart! Devils in my mind! Devils in my eyes! Devils until I die!
In Lou We Trust - The New Jersey Devils SBN Blog

by John Fischer on Aug 31, 2010 10:17 PM EDT up reply actions  

Doesn’t the fact that the Luongo and maybe one or two of the other long deals haven’t taken effect yet? If the deal hasn’t started yet, the league can change its mind.

These are all aspects that concern the casual hockey fan when discussing the new CBA.

Yankees in baseball, Giants in football and Devils in hockey. It's that simple. I have no off-season.

by DownGoesAvery on Aug 31, 2010 10:36 PM EDT up reply actions  

the league was given a lot of power with the bloch decision. it has to decide whether or not to possibly use it here. i think, no matter how awful this wait has been, it is justified in using all of the time to review the contract. this will set the guidelines for thornton and chara and possibly people like parise and semin.

this contract could’ve been no problem had it been something like 14/95 with a slightly larger tail. i’m no longer particularly confident about an approval.

by Triumph44 on Aug 31, 2010 9:05 PM EDT reply actions  

I feel bad for the Devils marketing staff who would have appreciated being able to promote Kovalchuk along with their Jersey Tour stops and other initiatives,

I feel really feel bad for those other initiatives too . . .

I have respect for most sports fans with 2 exceptions: NY Ranger fans who grew up in New Jersey, and Dallas Cowboy fans who can't name the capital of Texas.

by Cherno77 on Aug 31, 2010 9:06 PM EDT reply actions  

Same here. When any kind of sales person calls in regards to season tickets, the #1 question posed to them must be: “Whats the final verdict on Kovalchuk?” I’m sure a decent amount of people who don’t normally purchase ticket plans are waiting on this decision before making the purchase.

Since rejecting the first contract has set the precedent, it only makes sense that the NHL will take their sweet time with this one as well. The consensus seems to be that this contract will be approved, but I do believe the consensus was that the first contract was to be approved as well. I refuse to guess at this point because I’ll most likely be wrong in the final verdict.

"We aim above the mark to hit the mark." -- Ralph Waldo Emerson
"We're looking at hiring the Red Army choir to perform at half-time along with Russia's top dancing bear collective." -Mikhail Prokhorov
"Don't worry about my cap" - Lou Lamoriello

by Tim G on Aug 31, 2010 9:13 PM EDT up reply actions  

John, you summed up the opinion I’ve come around to beautifully in merely three sentences:

Basically, I don’t believe the NHL can’t just reject the contract for the sake of rejection. Therefore, I think they are looking for something in this new Kovalchuk deal that would give them an argument. However, they aren’t successful yet – so they may just drag their feet and begrudingly accept it.

It is immature and unprofessional, but neither of those has ever worried the League Office all that much. Just another reason why Bettman and his team need to go as soon as it is possible to show them the door.

by acasser on Aug 31, 2010 9:23 PM EDT reply actions  

Hopefully they run out of time. If nothing is ANNOUNCED by 5 PM tomorrow (that is, announced to Lou, not us), the deal is installed, approved and registered.

Yankees in baseball, Giants in football and Devils in hockey. It's that simple. I have no off-season.

by DownGoesAvery on Aug 31, 2010 10:38 PM EDT up reply actions  

Kypreos has revealed the breakdown of the contract. Check it out here

by C.J. Richey on Aug 31, 2010 9:39 PM EDT reply actions  

Thanks. I’ll update the post shortly with it.

Devils in my heart! Devils in my mind! Devils in my eyes! Devils until I die!
In Lou We Trust - The New Jersey Devils SBN Blog

by John Fischer on Aug 31, 2010 10:09 PM EDT up reply actions  

All the talk of “tails” always makes me think of the contract as an animal, and if that contract were an animal, it’d be this one:

Playing Devils' advocate since 1982.

by elesias on Aug 31, 2010 10:13 PM EDT up reply actions   3 recs

A recommendation for you, elesias.

"We aim above the mark to hit the mark." -- Ralph Waldo Emerson
"We're looking at hiring the Red Army choir to perform at half-time along with Russia's top dancing bear collective." -Mikhail Prokhorov
"Don't worry about my cap" - Lou Lamoriello

by Tim G on Aug 31, 2010 10:25 PM EDT up reply actions  

No unicorn this time, eh?

Yankees in baseball, Giants in football and Devils in hockey. It's that simple. I have no off-season.

by DownGoesAvery on Aug 31, 2010 10:41 PM EDT up reply actions  

Seems like Kovy gets the year off in 2019-2020.

by Tom Stivali on Aug 31, 2010 11:33 PM EDT up reply actions  

I read the same, Yahoo! fixed it in their post of Kypreos’s story. Hopefully Sportsnet catches on. The deal doesnt go til 2025-2026, but rather one season earlier. So the numbers are purportedly correct with the wrong ‘year’ numbers up there.
But I question the contract terms, what happened to 50% dropoff?

"Don't worry about my Cap." - Lou Lamoriello

by Skuba7 on Aug 31, 2010 11:48 PM EDT up reply actions  

It’s 50% of the lowest of the first two years of the deal. So a drop of $3 million between years is OK.

Devils in my heart! Devils in my mind! Devils in my eyes! Devils until I die!
In Lou We Trust - The New Jersey Devils SBN Blog

by John Fischer on Sep 1, 2010 7:32 AM EDT via mobile up reply actions  

Ah, got it, I was under the impression you could not have more than a 50% drop from one year to the next.
Thanks

"Don't worry about my Cap." - Lou Lamoriello

by Skuba7 on Sep 1, 2010 9:19 AM EDT up reply actions  

Thinking back to a Daly comment

Daly I believe probably a week and a half ago said something to the effect of “it would be better for a key player to go to the KHL than to break the rules for him”. Sorry John, I know you like links, but I can’t find it. I think those words will prove to be prophetic.

I think the NHL is hell bent on making a statement, and logic be damned as far as what has already been approved. I will freaking go Nuclear on these guys if this deal is rejected and they don’t immediately also reject Hossa’s and probably another one.

If they reject this and Kovy goes to the KHL, Bettman should be out on his ass literally the next day. We have a team willing to make a player among the highest paid in the sport and a player who wants to play for that team. How is this a problem?

by Devilssection21fan on Aug 31, 2010 9:46 PM EDT reply actions  

link

http://ca.sports.yahoo.com/nhl/blog/puck_daddy/post/KHL-still-courting-Kovalchuk-NHL-picks-rules-ov?urn=nhl-265151
[probably other places as well]

“Having said that, I think it’s very, very important to protect our rules and to make decisions based on our rules. If it means losing a player, I’d rather protect our rules than make an exception for an exceptional player.” – NHL deputy commissioner Bill Daly during World Hockey Summit.

by NJHockey8 on Aug 31, 2010 10:48 PM EDT up reply actions  

I think it’s pretty obvious that the league was going to issue their decision but had to handle the Doug Weight contract first.

Playing Devils' advocate since 1982.

by elesias on Aug 31, 2010 10:03 PM EDT reply actions   1 recs

I dont think the League will say boo about this whole thing, allowing the timeframe to pass tomorrow with no word at all. If they don’t reject it, the contract is then in place, and the League can say they are “still investigating” the contract while never actually approving the contract. Damn them.

"Don't worry about my Cap." - Lou Lamoriello

by Skuba7 on Aug 31, 2010 11:30 PM EDT reply actions  

Interesting tweet from @mirtle

Chart of the two contracts. Mirtle seems to overlook the ‘V’ created at the tail of the deals.

by Tom Stivali on Aug 31, 2010 11:56 PM EDT reply actions  

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