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NHLPA fires Kelly: Picking through the rubble

According to sources, part of this group’s desire to get rid of Kelly also stemmed from Kelly ordering an internal audit (by a top former FBI forensic accountant) of the players' association's expenses during the previous three years before he took over. That audit was still ongoing prior to Kelly’s dismissal. Sources claim that through the audit, Kelly discovered that then-interim leaders Penny and Lindros were [allegedly] spending millions of dollars of the union’s money. Lindros ended up resigning, but word is, that move fueled this attack on Kelly, and Lindros was very much involved.

— James Murphy, NESN.com

I've read 20 to 30 articles in the last 24 hours on Paul Kelly's surprise ouster from the NHLPA, and if anyone gets to the truth of the matter, it just may be Murph in the passage above.

And what a sad indictment of the whole "process" that is.

I've covered some of the NHLPA dealings extensively in the past, going back to the pivotal meetings in 2007 here in Toronto, and throughout those days talking to players like Mathieu Schneider and Shawn Horcoff, you wanted to believe that the union was, in fact, on the verge of turning a corner. The hiring of Kelly, the very man who had helped take down Alan Eagleson, seemed symbolic, a hopeful sign that this mess of an organization had found its leader to take them out of the Dark Ages.

And you can't help but look at what's happened here and wonder if there's any way for this group to find some sense of unity, especially as the gap between rich and poor continues to widen among its membership.

Star-divide

Here's Tom Benjamin:

The Union was broken in the labour war of 2004-05 and it is weak, fractious and inherently unstable. Paul Kelly did not really get a chance to make it strong, united and stable.

As I have written several times since 2005, it is very hard to see a positive direction for this Union. The last thing most players want is another fight with the NHL. Even if that were not so, how can the NHLPA convince themselves they could ever win a fight with the owners now? They can’t – and won’t – trust each other. When push comes to shove, the owners will get whatever they want from the next CBA, just like they got what they wanted from the last one.

I firmly believe that Kelly is a very intelligent man who tried to rule this union with common sense, honesty and integrity, and the fact that they've run him out the door this quickly is not a good sign. You look at the quotes from players before he was hired as to what they wanted, and he is their man, someone who would work, as Mark Spector puts it, "as a cooperative alternative to the confrontational Bob Goodenow."

The NHLPA's chances of finding a better candidate to lead them into 2011's labour war in the near future are realistically slim to none. And you better believe the owners are licking their lips right now at that thought.

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Comments

Display:

I still seem to be reading more hearsay than data, not sure how valid any of the info including the NESN article really is given the various factions and their efforts at spin. However, the very nature of the confusion implies a negative.

I am less concerned about fairness and $um of player contracts and more concerned with continued play on the ice. I am not sure who wins the next NHL/NHLPA war but I hope they don’t lose any more games. I am guessing, not much better than the news coverage on this topic, but guessing that we will lose games.

by sctlaw on Sep 1, 2009 8:07 AM CDT reply actions   0 recs

Whether or not we lose games will depend on the membership of the NHLPA. Right now, we have the owners against a pile of NHLPA hardliners, many of whom wont even be in the NHL in 2012. If the collective lets this small group of selfish individuals re-fight the 2004-05 war, then yeah, we’re going to lose games.

However, I very much doubt that there will be a lockout this time. If there is a labour disruption, it will be a strike by the players. So the question is, how much willingness is there in the rank and file to take on an ownership group that absolutely slaughtered them last time around? Especially when they are STILL making millions in most cases, while the fringe guys making minimum wage are earning twice what they would have in the last CBA?

The last lockout was about the owners being protected from themselves. The next strike will be fought within the union itself. A herd of sheep can overcome a few wolves, if it has the inclination to fight.

by Resolute on Sep 1, 2009 8:59 AM CDT up reply actions   0 recs

If there’s data, is it not up to the NHLPA to come out and provide reasons for this firing?

Blogging on hockey at fromtherink.com

by James Mirtle on Sep 1, 2009 12:15 PM CDT up reply actions   0 recs

sometimes your first impression is the correct one

Nothing I’ve heard/read about this so far is helping to dispel my notion that Eric Lindros is, in fact, the biggest a—hole to ever play this sport.

P is for Latrobe.

by holiday park on Sep 1, 2009 9:48 AM CDT reply actions   0 recs

The more I read the articles, the more my opinion evolves. I see this having happened because Kelly was focused on “taking care of business”, and less about communicating with his union – which should not usually result in a firing. But considering the NHLPA’s history with Saskin, was easily spun into a major issue by key players.

Hopefully the rank and file members get involved and resolve this situation.

by Gusinabox on Sep 1, 2009 10:02 AM CDT reply actions   0 recs

The small group managed to convince the player reps

Now the player reps have to explain to their teammates. If enough of the teammates, the general member, shakes their head at the explanation, there will be new reps and even the possibility of re-hiring Kelly. Am I right in this regard?

by SJKel on Sep 1, 2009 10:15 AM CDT reply actions   0 recs

I don’t think Kelly wants anything to do with these numskulls anymore. If anything, you’ll be seeing him next when he files a wrongful dismissal suit.

Blogging on hockey at fromtherink.com

by James Mirtle on Sep 1, 2009 12:16 PM CDT up reply actions   0 recs

Given that in the end Saskin settled with the NHLPA despite his ordeal about monitoring emails, Kelly probably would get his settlement without having to file a lawsuit.

by SJKel on Sep 1, 2009 12:19 PM CDT up reply actions   0 recs

Who needs a settlement when you can get your whole salary plus damages?

Blogging on hockey at fromtherink.com

by James Mirtle on Sep 1, 2009 12:22 PM CDT up reply actions   0 recs

First of all, a settlement is an amount that you agree to yourself, not in the hands of a third party (judge). That certainty is worth some money. Second, a settlement gives you what you want without paying the enormous legal fees related to litigation. And you get the money faster than the alternative. A lot of cases are settled outside the court for these reasons.

by SJKel on Sep 1, 2009 12:26 PM CDT up reply actions   0 recs

I’m sure that’s likely, but I wouldn’t rule out litigation here.

Blogging on hockey at fromtherink.com

by James Mirtle on Sep 1, 2009 12:30 PM CDT up reply actions   0 recs

I didn't rule it out either

but I just settlement is more likely. Seriously, even Saskin got some settlement for his dismissal despite strong evidence of wrongdoing (monitoring his employers’ emails). Kelly will definitely get a much better settlement, especially if the dismissal is simply the result of players wanting a different direction or simply a different person.

by SJKel on Sep 1, 2009 12:44 PM CDT up reply actions   0 recs

Well, the obvious difference is that without a settlement of any kind, Kelly keeps his salary. Saskin didn’t.

by Malurous on Sep 1, 2009 1:37 PM CDT up reply actions   0 recs

If Lindros really has this much power over the NHLPA

Then someone should play the Fifth Estate’s episode on ex-pro athletes that suffered multiple head injuries/concussions and how unreliably moody and brain damaged they’ve become (and incredibly depression prone and capable of violent acts). I don’t care what degree Lindros got during the lockout when he was attending U of T, there has to be better ex-players to trust.

Hockey blogging can't get any flatter.

by saskhab on Sep 1, 2009 10:20 AM CDT reply actions   0 recs

trevor linden

so does this resuscitate trevor linden’s legacy a little?

by vadim sharifijanov on Sep 1, 2009 10:49 AM CDT reply actions   0 recs

So, any word if Carl is involved?

by Malurous on Sep 1, 2009 11:42 AM CDT reply actions   0 recs

Wow

The NHLPA is redefining the term dysfnuctional. If the info James Murphey presents is even close to right, they’re already in huge trouble. Isn’t anyone of the members suspicious that Pink is involved after he got passed over for the job? What about how Lindros was forced out, and is now part of the coup? Do they trust him based on his long history of integrity and good decisions?
Throw in the fact that Buzz Hargrove is involved, the PA is a LONG way down a slippery slope.

by Kish on Sep 1, 2009 12:00 PM CDT reply actions   0 recs

I think Lindros officially resigned not forced out

and he said “It should be noted that this is not the result of conflict of personalities but a fundamental problem between the Current Executive Director and the office of the Ombudsman and the effort to create transparency” and “some of those who stepped forward on the players behalf, be told in or following their annual staff reviews that they are somehow not loyal to the Office of the Executive Director by the Executive Director,”" The accusation basically said Kelly is not willing to listen to player complaints and reprimanded staff who complained about Kelly to the NHLPA Ombudsman.

by SJKel on Sep 1, 2009 12:18 PM CDT up reply actions   0 recs

Right...

based on Lindros’ track record in dealing with organizations, I totally take his word for it. I’m sure there are no implications being leveled at Eric.

by Kish on Sep 1, 2009 12:57 PM CDT up reply actions   0 recs

Reading Pierre LeBrun's take

He noted that Mike Komisarek was at the meeting. So too was Matt Stajan. Stajan is the Leafs’s rep. Who was Komisarek representing? Montreal?

by Exit716 on Sep 1, 2009 1:50 PM CDT reply actions   0 recs

That was pretty good.

Pension Plan Puppets: A Toronto Maple Leafs blog and a group therapy session.

by PPP on Sep 2, 2009 9:31 PM CDT up reply actions   0 recs

There were a lot of problems like this. Chelios was there and he doesn’t have a team. So was Manny Malhotra, who was representing the Blue Jackets despite the fact he’s a UFA.

It’s a mess.

Blogging on hockey at fromtherink.com

by James Mirtle on Sep 1, 2009 2:34 PM CDT up reply actions   0 recs

Could Chelios possibly have a position on the executive? Do we have a copy of the NHLPA constitution?

by yrmom on Sep 1, 2009 2:39 PM CDT up reply actions   0 recs

I'm amazed...

… at the entire process. I can understand the need for the NHLPA to hold its annual meetings in the offseason. But shouldn’t they first replace the player reps who move to new teams, or are currently teamless?

Wikipedia says this is the current list of NHLPA reps. Four teams apparently don’t have a representative. (I guess Brad Lukowich could have filled Vancouver’s vacancy, but that would create an empty spot for the Sharks.) Between the unfilled vacancies and the “reps” who are no longer contracted to the team they supposedly represent, this looks like a giant kangaroo court.

by BleedBlue42 on Sep 1, 2009 2:56 PM CDT up reply actions   1 recs

I know I’d be mighty irritated if I’m being represented by a guy who isn’t even on my team. Pretty damn hard to hold him accountable, no?

by RedBirdie on Sep 1, 2009 3:08 PM CDT up reply actions   0 recs

They are on the same team. It’s team NHLPA, and they only have “team representatives” so that they have a voice in each city during the season. It doesn’t matter during the summer whether they are on the same hockey team or not…

Hockey blogging can't get any flatter.

by saskhab on Sep 1, 2009 3:19 PM CDT up reply actions   0 recs

I’m a union member myself and don’t buy that. I want my team/department/org. unit properly represented at all meetings of the union leadership.

Having Chelios, as an example, as a representative, is pretty worthless.

by RedBirdie on Sep 1, 2009 6:35 PM CDT up reply actions   0 recs

Why? He’s not so far removed from playing that he doesn’t know the issues. And the Wings can replace him as rep once the season starts.

by yrmom on Sep 1, 2009 7:33 PM CDT up reply actions   0 recs

Is he an active player, under contract?

No?

Then he shouldn’t pretend to be a “player representative”.

Sure, the Wings’ players will elect a replacement in the next few weeks… but that replacement can’t go back in time and change Chelios’ actions of the last couple days. A lame-duck representative has no responsibility to anyone but himself; he has no “greater good” to curb his petty need for revenge. Especially if he believes that it’s the salary cap, not his diminishing skill set, that’s pushing him into involuntary retirement.

by BleedBlue42 on Sep 1, 2009 11:10 PM CDT up reply actions   0 recs

Who says he has to be an active player under contract? Have we seen a copy of the NHLPA’s rules?

I’m not trying to be difficult here I just don’t know the NHLPA’s rules, and as I’m not a member of their union, I’ll wait until I hear more before I judge.

by yrmom on Sep 1, 2009 11:35 PM CDT up reply actions   0 recs

I don’t doubt that Chelios had a right to be there, according to whatever rules the NHLPA currently has in place. My argument is that last year’s reps should not be allowed to conduct this year’s business. There might have been a time when midsummer elections were not possible; but I think technology has removed that excuse.

by BleedBlue42 on Sep 2, 2009 1:05 AM CDT up reply actions   0 recs

This. I have no doubt the Chelios (and others) know the issues at hand. But these are people who are not under contract, either with the team they are represented, or under contract at all. I wouldn’t consider that adequate representation.

by RedBirdie on Sep 2, 2009 10:45 AM CDT up reply actions   0 recs

Again it’s not up to us how the players run their union. And to play devil’s advocate how should the allow for members that are free agents? Should they have no voice until they sign a deal?

by yrmom on Sep 2, 2009 11:50 AM CDT up reply actions   0 recs

just because we don’t run the players union and have no voice in it doesn’t automatically bar discussion of how the union appears to run itself, perhaps in ways that are not ideal.

Harsh as it may be, after free agent signing begins, those without contracts are not employed by a team. They are not, in the strictest sense of the term “NHL players” during that time.

by RedBirdie on Sep 2, 2009 12:53 PM CDT up reply actions   0 recs

Oh, I’m not disagreeing to discussing the issue and apologies if I made it sound that way. I just trying to get across my take on things. Whether or not we believe that they are NHL players or not, it’s not up to us. We don’t know how the NHLPA defines “member” and how much service they provide to retired or ex-players.
As to whether or not they make good decisions we should continue to discuss away.

by yrmom on Sep 2, 2009 1:45 PM CDT up reply actions   0 recs

Whether they are employed by a team does not necessarily mean that they are not members of the union. You’d have to look at the constitution to know that.

by J. Michael Neal on Sep 2, 2009 9:44 PM CDT up reply actions   0 recs

I’ve modified my view from yesterday. The NHLPA doesn’t need to explain why Kelly was canned. It’s their union and they can do as they wish.

However, I stand by my other comment. Another lockout or strike and I could care less if hockey ever comes back.

by skatehack on Sep 1, 2009 3:48 PM CDT reply actions   1 recs

Non-North American Component

Does anyone know what percentage of NHL players are from Europe/Russia? (I would think it’s at least 35-40%.)

In addition, does anyone know what percentage of NHLPA team reps are from Europe/Russia?

by skatehack on Sep 1, 2009 4:02 PM CDT reply actions   0 recs

I believe it’s just under 30 per cent. I’ve looked at this extensively in the past if you search under ‘nationality’ on this site.

I imagine very few of the reps are European.

Blogging on hockey at fromtherink.com

by James Mirtle on Sep 1, 2009 4:49 PM CDT up reply actions   0 recs

I remember that Alfredsson and Irbe used to be on the executive, but the European bloc has apparently vanished post-lockout

Hockey blogging can't get any flatter.

by saskhab on Sep 1, 2009 4:59 PM CDT up reply actions   0 recs

I don’t know enough about how the NHLPA works, but isn’t it possible that the NHLPA is not getting enough input from some players, specifically, the European players? Are the European players not interested? It seems strange that they wouldn’t be.

It’s been one disaster after another for the NHLPA. At some point, these guys will realize that this money is real and it’s their money.

by skatehack on Sep 1, 2009 5:07 PM CDT up reply actions   0 recs

Are the European players not interested? It seems strange that they wouldn’t be.

I’d think there are plenty of reasons that not many are involved. First of all, probably no or few Euros start doing this stuff when they’re young because they have to get used to differences in hockey and culture, and many Russians and a few of the others need to learn the language. There’s just too much else to get sorted out.

When those things are out of the way, there’s the issue of being around for meetings like this. Given that they do stuff like this in summertime when many Euros are back home, it’s inconvenient to fly over for a union meeting. I tip my hat to Alfredsson, for example, for going through that for such a long time.

Also, some players never learn English well enough to be comfortable in a setting like that. Think about Datsyuk, for instance.

Of course, there are European players who don’t have any of these problems, but I’d say that for a majority, it’s more work and trouble than for North Americans.

by Malurous on Sep 1, 2009 5:17 PM CDT up reply actions   0 recs

Maybe it’s also a case of what you’re used to. European leagues typically have very weak unions while North Americans hear about the major leagues’ player associations all the time.

But for a direct answer, I don’t think it’s a case of not being interested.

by Malurous on Sep 1, 2009 5:19 PM CDT up reply actions   0 recs

I completely agree that there are language and travel issues for the Europeans, but surely the NHLPA should have representatives from Europe, especially since 30 % of NHL players are from Europe. If the NHLPA has money to pay off three former leaders, they certainly have the money to do conference calls or video conferencing.

by skatehack on Sep 1, 2009 5:28 PM CDT up reply actions   0 recs

Accounting Consultant Quits NHLPA

… and he shares a name with a former top forensic accountant with the FBI.

Coincidence?

A posse ad esse.

Writer for The Copper & Blue and OilersNation.

by Jonathan Willis on Sep 1, 2009 6:05 PM CDT reply actions   1 recs

Interesting

Only when some players realize they are paying for three former leaders and guys like Lindros and Penny are using their membership dues will change occur.

It took years to figure out what Eagleson did and I don’t believe former players caught him. Kelly was the guy ready to clean things up; sadly he got sacked before he could finish his work.

One can only hope for the NHLPA that some players step forward and want to know what is going on. Change is needed at the top; get rid of everyone.

by skatehack on Sep 1, 2009 6:21 PM CDT up reply actions   1 recs

Day. Um.

That’s some fine dot-connecting there.

So… did Ian Penny need to have his contract illegally extended in order to participate in Sunday’s lynch mob, or was that just a misstep of the new junta?

by BleedBlue42 on Sep 2, 2009 1:16 AM CDT up reply actions   0 recs

You are following the right lead although I don’t think Bob Lindquist was ever part of the FBI although I am sure his firm did work for them in investigations. Here’s a story on Paul Kelly’s hiring of Lindquist in February, 2008 http://www.thehockeynews.com/articles/13212-NHLPA-names-Bob-Lindquist-as-a-consultant.html.

by Big Picture Guy on Sep 2, 2009 8:00 AM CDT up reply actions   0 recs

In about a month (or more? in the public eye?) this mess has gone from the level of:

- vague rumours of unrest from the PA,
- to rumours about Kelly’s future,
- to his 3am firing (including the introduction of Hargrove to the tragedy),
- a few revelations about Lindros, Pink and Penny, and
- now we’re staring at some circumstantial evidence that current and former PA executives staged a coup to cover up their misappropriations of PA funds.

It’s like they’re going out of their way to prove they are incompetent.

by Kish on Sep 2, 2009 12:22 PM CDT up reply actions   0 recs

It’s like they’re going out of their way to prove they are incompetent.

With all the stories about team ownership, the NHLPA didn’t want to be left out. :)

"For myself I am an optimist - it does not seem to be much use being anything else." -- Winston S. Churchill

by Baroque on Sep 2, 2009 12:36 PM CDT up reply actions   0 recs

Usually, I find stuff like this so tedious and inconsequential (news about a union of millionaire athletes?!? RUFKM?!?), but this has the potential for absurdness and unintentional comedy that I can’t not look.
They say that they were going to wait until the team reps informed their players of the details before they went public; Kelly said today that he was going to “compose himself” before making a statement. I REALLY can’t wait for some details, because it’s shaping up to be a comedy goldmine either way. Think about it; either Kelly is vindicated and the players totally inept (in the junior high clique sort of way) or we find out Kelly deserved this reaction (meaning he must have done some stupid stuff).

by Kish on Sep 2, 2009 12:52 PM CDT up reply actions   0 recs

The Vote

Any word on who the the 5 team reps were that voted to support Kelly? Also, who were the 3 reps that abstained?I understand the vote ws 22-5.

by Ace3605 on Sep 2, 2009 10:04 AM CDT reply actions   0 recs

three reps weren’t present. I assume those come from the vacancies. on the NHLPA wiki page its showing Atlanta, Colorado, Montreal, and Vancouver as vacant, but I think Komisarek was representing Montreal. So there are you three “abstained” votes.

by RedBirdie on Sep 2, 2009 2:16 PM CDT up reply actions   0 recs

I belive Exelby (now with TO) was representing Atlanta.

by Ace3605 on Sep 2, 2009 2:35 PM CDT up reply actions   0 recs

Are the Leafs stockpiling PA reps?

Pension Plan Puppets: A Toronto Maple Leafs blog and a group therapy session.

by PPP on Sep 2, 2009 9:35 PM CDT up reply actions   0 recs

The "T" Word

Perhaps they’ll take a hint from Mr. Burke.

by yrmom on Sep 2, 2009 11:18 PM CDT up reply actions   0 recs


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