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Reasons why the NHL can reject Ilya Kovalchuk's contract

Got your lawyer glasses on? Ok, here we go -- Section 11.6 of the CBA is titled Rejection of SPCs and/or Offer Sheets; Subsequent Challenge and/or De-Registration of SPCs and/or Offer Sheets; the simpler language is "Why we can reject contracts or offer sheets." I'll give the legal language and my best layman's interpretation for each piece:

(Note: SPC = Standard Player Contract)

(a) Rejection of SPCs and/or Offer Sheets. In the case of an SPC or an Offer Sheet, as the case may be, that is filed and rejected by the League, the following rules and procedures shall apply:

-If the league rejects an SPC or offer sheet, this is what's going down:

If an SPC or an Offer Sheet is rejected: (A) because it results in the signing Club exceeding the Upper Limit, or (B) because it does not comply with the Maximum Player Salary or (C) because it is or involves a Circumvention of either the Club's Upper Limit or the Maximum Player Salary, and:

-These are the reasons why the league can reject a contract, so if one of these is violated...to be continued...

(x) if the NHLPA does not timely dispute and refer to the Arbitrator such rejection in the manner set forth in Section 11.5(g) above, then immediately upon the expiration of the time period within which the NHLPA may dispute and refer to the Arbitrator such rejection, the SPC or Offer Sheet, as the case may be, will be deemed null and void ab initio (i.e., the Player's Free Agency and/or contractual status shall revert to the status he held prior to signing his SPC or Offer Sheet, as the case may be), and the Player shall not be entitled to any of the rights or benefits provided for under the rejected SPC or Offer Sheet, as the case may be; or

-If the NHLPA doesn't dispute within a reasonable time, the player hits free agency again. BUT WAIT, there's more!

(y) if the NHLPA does timely dispute and refer to the Arbitrator such rejection in the manner set forth in Section 11.5(g) above, then such dispute over that rejection shall be both heard and decided by the Arbitrator within fortyeight (48) hours of such referral, during which period the Player shall not be entitled to play under such SPC or Offer Sheet, as the case may be, and shall not be entitled to any of the rights and benefits provided for under such SPC or Offer Sheet, as the case may be, pending a resolution of such grievance by the Arbitrator.

-If the NHLPA does dispute within 48 hours five days (update), then we go to...(insert James Earl Jones voice)...The Arbitrator. Who's that? Well, let's go back to section 11.2 of the CBA:

A Grievance pursuant to this Article  shall be heard by, and the term Arbitrator as used in this Article shall mean, the Impartial Arbitrator or the System Arbitrator, as the case may be, as required by the terms of Article 17 and Article 48 of this Agreement.

So, the league rejected Ilya Kovalchuk because they'll claim it's cap circumvention. The NHLPA has 48 hours five days (update) to decide if it wants to dispute. If they don't, Kovy hits the open market again and Dean Lombardi picks up his phone. If they do, it goes to an arbitrator.

Update: I'm guessing the league will point to the age in the final year of the contract. QuantHockey has a detailed post from January 2009 on the average age of NHL retirement. 0.02% of players retired at 44 (Kovalchuk's age at the end of the deal) -- that's compared to 0.11% of players at 42 (Marian Hossa and Roberto Luongo contracts).

Poll
Should Ilya Kovalchuk's 17-year contract be rejected on the basis of "cap circumvention"?
Yes
273 votes
No
71 votes

344 votes | Poll has closed

0 recs  |  Comment 23 comments  |  Add comment |

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Dangerous precedent

And the NHLPA will not be too happy about this one.

Add this to the “next lockout” ammo…

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by Afino on Jul 20, 2010 9:20 PM CDT reply actions  

At least Kovy can say he’s done something that Ovechkin hasn’t!

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by Mike Chen on Jul 20, 2010 9:23 PM CDT up reply actions   1 recs

There won’t be a “next lockout”. Lacking a new agreement, the owners will continue under the terms of this CBA and force the players to decide if they wish to strike. Given the state of the union right now, that likely wont happen either.

We are, however, seeing the cards being dealt for the next negotiations. The players want the Sochi games, the owners want to close this loop hole. The players want additional revenue sharing, etc. Which cards get played, and which get held? That will be the real story of the 2012 negotiations.

by Resolute on Jul 21, 2010 9:10 AM CDT up reply actions   1 recs

50.7 "100 Percent Rule" for Multi-Year SPCs. The difference between the stated Player Salary and Bonuses in the first two League Years of an SPC cannot exceed the amount of the lower of the two League Years. Thereafter, in all subsequent League Years of the SPC, (i) any increase in Player Salary and Bonuses from one League Year to another may not exceed the amount of the lower of the first two League Years of the SPC (or, if such amounts are the same, that same amount); and (ii) any decrease in Player Salary and Bonuses from one League Year to another may not exceed 50 percent of the Player Salary and Bonuses of the lower of the first two League Years of the SPC (or, if such amounts are the same, 50 percent of that same amount).

That last bit means the most it can drop is $3 million (since his first two years were $6 million). That part is legal. The intent of the term is going to be the question.

2010-11: $6 million
2011-12: $6 million
2012-13: $11.5 million
2013-14: $11.5 million
2014-15: $11.5 million
2015-16: $11.5 million
2016-17: $11.5 million
2017-18: $10.5 million
2018-19: $8.5 million
2019-20: $6.5 million
2020-21: $3.5 Million
2021-22: $750,000
2022-23: $550,000
2023-24: $550,000
2024-25: $550,000
2025-26: $550,000
2026-27: $550,000

Managing editor of From The Rink
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by Mike Chen on Jul 20, 2010 9:44 PM CDT up reply actions  

While I can understand the reasoning, I have a hard time accepting this as fair when others like Hossa, Zetterberg, et al have been allowed to pass.

This isn’t even just defending the player either. It’s also defending the Devils. Why should other teams like Canucks, Hawks and Wings (twice in their case) have been allowed to take advantage of this and yet they get stoned under the same CBA. As the last paragraph above points out, there isn’t an enormous difference between the number of players that retire before 42 and 44, so I can’t see the reason to draw the line in this case above and beyond the others.

by Costa24 on Jul 20, 2010 9:46 PM CDT reply actions  

There is a tremendous difference between 42 and 44… if a player is unlikely to play to 42, but likely to play to 40, that’s 2 years that are circumventing the cap. But at 44, that’s 4 years they are using to circumvent the cap. If this deal ended at 40, it’d be a $7.67m cap hit. At 42, it’s a $6.73m cap hit. At 44, it’s a $6m cap hit.

How is that not circumvention?

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by Bruce Peter on Jul 21, 2010 10:56 AM CDT up reply actions   1 recs

Rec’d.

Hockey Blogger at Pensburgh.com

by GoPens! on Jul 21, 2010 11:51 AM CDT up reply actions  

But then your argument becomes, “they’re both circumventing the cap, but the Kovalchuk deal is circumventing it more.” whereas the wording of the NHL’s reasoning for rejecting this deal is merely that it circumvents the cap without any room for nuance based on severity.

Maybe I’m just being too finicky on the details (I’m not a lawyer, I promise), but I don’t think this merits different treatment, and I have a feeling if the NHLPA challenges this they’ll win.

by Costa24 on Jul 21, 2010 6:39 PM CDT up reply actions  

I’m going to steal a metaphor from SI.com.
On a highway, the speed limit is 60 mph. Most of the people on this highway are going 60-65 mph. You have some people going around 68 mph and fewer doing 70. And one guy is going 72. There’s not much difference between 70 and 72, but that guy is going to stand out and a cop is going to pull him over. A line must be drawn, and it may be pretty subjective, but the league has decided that they’ve had enough. A rule (even flexible ones) can only be bent so much before it breaks.

by rubyhawk on Jul 23, 2010 4:18 PM CDT up reply actions  

I suspect...

…that it’s a case of the NHL finally saying “enough of this crap”.

by hailstop on Jul 20, 2010 10:03 PM CDT reply actions  

I bet Gary Bettman’s been rehearsing this speech in the mirror.

Managing editor of From The Rink
www.fromtherink.com

by Mike Chen on Jul 20, 2010 10:18 PM CDT up reply actions  

That’s what I’m thinking. It’s like a parent being pushed to the limit just one too many times and finally said “I’m done, we are going over the rules again and you will follow them. End of story.”

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by Angy on Jul 20, 2010 10:29 PM CDT up reply actions  

I just can't help but think

that if was one the NHL’s more favored franchises (Pens, Wings), this would be a non-issue. And how do they decide what the finite age is that a player can’t play beyond? Can Bettman foresee into the future that Kovalchuk is going suffer a career-ending injury at 37? It’s much more likely that Kovy plays to 44 than it is Luongo will make it to 42, given his position and injury history. I think it’s quite wrong to set a precedent and then suddenly revoke something that follows that precedent.

by Mandmeisterx on Jul 20, 2010 10:41 PM CDT up reply actions  

What makes you think the Devils don’t have some special agreements with Bettman? I think Lou stuck his foot in his mouth with his comments, and we probably don’t see a rejection otherwise.

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by stufflife on Jul 20, 2010 11:54 PM CDT up reply actions  

that if was one the NHL’s more favored franchises (Pens, Wings), this would be a non-issue.

Yup, there’s a conspiracy. That’s why the Pens and Wings were both Stanley Cup champions this year.

Hockey Blogger at Pensburgh.com

by GoPens! on Jul 21, 2010 12:35 AM CDT up reply actions  

The Devils ARE one of the NHL’s more favoured franchises. Lou is one of the top dogs at every negotiation.

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by Bruce Peter on Jul 21, 2010 10:57 AM CDT up reply actions  

I'm not a huge conspiracy theory guy, but

Zero playoff games on Versus last year.
Numerous rules after the lock-in trying to eliminate their style of play (especially the trapezoid)
Very small amount of publicity.

How do any of these things tout favor? I think the only reasons Lou is a big deal in such things are his tenure, class, and his great amount of success.

by Mandmeisterx on Jul 21, 2010 12:14 PM CDT up reply actions  

It’s not just that Kovy’s deal ends at 44…it’s that it’s 17 years long, 5 years longer than the comparable UFA signing in Hossa. That’s quite significant and allows for lots of plenty of cap circumvention.

I also think all the other long contracts today don’t have yearly salary numbers that are quite as varying as Kovalchuk’s.

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by red army line on Jul 20, 2010 11:17 PM CDT reply actions  

Kypreos is now reporting that Bettman warned Lou on Monday. Maybe that’s why Lou started being all mopey on deals of this type, like a pre-emptive strike on disappointment.

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www.fromtherink.com

by Mike Chen on Jul 20, 2010 11:23 PM CDT up reply actions  

Great points RAL. There are a ton of new problems that the Kovy contract raises, and I really don’t think it’s fair to say any other contract is similar.

Hockey Blogger at Pensburgh.com

by GoPens! on Jul 21, 2010 12:36 AM CDT up reply actions  

Not only that it is 17-years long, but that it would mean Kovalchuk will have played 27 major professional seasons if he honoured that deal. Outside of Gordie Howe, has any player ever come close to that?

The facts are, nobody plays to age 44. Nobody plays 27 years of top level hockey, and the last seven years of this deal are specifically designed to cheat the cap. Hossa’s deal should have been nixed as well, but when you get down to it, that deal was only two-thirds the length of this one, had half the cheat years in the deal, and those cheat years pay Hossa twice as much.

Deals like Kiprusoff’s inched across the line. Hossa and Luongo jumped over the line. But this one shot past it in a rocket. Frankly, the Devils should be facing that $1-5 million fine over this in addition to having the contract voided.

And, of course, Alan Walsh is busy spoiling his diaper on Twitter. He knew what he was doing and he knew he was cheating the system. Good on the NHL for finally having the courage to stand up to one of these cap circumvention deals.

by Resolute on Jul 21, 2010 9:18 AM CDT up reply actions  


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