When the idiotic force meets the immoveable idiot.
Unless you’ve been living under a rock the past week, then you’ve surely noticed that there are a lot of legal terms being tossed around by both sides. These are moves that have been rumored for weeks, so the fact that they have been made is just another step in the process at this point. I still believe this is all posturing, but it’s worth going through the three main items that came up this weekend.
- NHLPA to vote on a DISCLAIMER OF INTEREST. This is a vote to “dis-band” the union. I put disband in quotes because the union itself isn’t disbanding, that is the definition of decertification (more below). A disclaimer of interest is a vote that will see the union terminate representation of the players. In essence, this is the union leaving the players, and Donald Fehr would no longer represent the players.
- Decertification is the exact opposite, it is the players voting to disband the union. This process is incredibly lengthy, unlike a disclaimer of interest.
- Why a disclaimer of interest? Just that – time. Decertification takes weeks. Disclaiming takes days. The end result is the same, and the union would be dissolved. This gives the players the right to file anti-trust lawsuits against the league.
- The NHL counter to decertification/disclaiming is exactly what transpired on Friday: They filed a lawsuit to have the lockout declared legal. It’s a response –in this case a pre-emptive response– to the NHL move to file a Disclaimer of Interest.
- The second item coming from the NHL lawsuit is a declaration that all NHL contracts become void. That means every single player becomes a free agent.
So what does all this mean?
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Connecting the dots.
I’m not one to speculate, I’m just one to use logical reasoning to come to a conclusion. Unfortunately in this post, my logical reasoning is leading to speculation, so take this with a grain of salt.
Earlier this morning, Adam Rotter at SNYRangersBlog picked up this little tidbit from the Kalpa website noting that Derek Stepan has returned to the US, stating that Stepan was confident that a season would begin soon. With Stepan’s return to the US, all –well, I believe all– Ranger roster players who were overseas have returned to the US. Rick Nash and Michael Del Zotto returned last week, and Carl Hagelin and Ryan McDonagh have been home for a while.
While Hagelin and McDonagh returned for injury reasons last month, the returns of Nash and Del Zotto with “minor injuries that needed US medical attention” were a bit confusing. After all, Nash stayed with Davos when he bruised his shoulder earlier this year, so why wouldn’t he stay with them if this groin issue was minor as well?
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In what is now unexpected news, Darren Dreger is reporting that the NHL will cancel regular season games through 12/30. This comes as no surprise considering the events of last week.
So, what happens first: 1) The NHL season begins, 2) The fiscal cliff issue is resolved, or 3) The Islanders move to Brooklyn.
Posturing is preposterous.
I know that we promised not to cover the blow-by-blow of the lockout, but so much has happened over the past few days, it seemed necessary to at least comment on some of the news. If you missed what happened on Tuesday and Wednesday, I’m not going to re-hash it here, read the recap first.
But yesterday, it seemed that all was lost. Any progress made last night was “lost,” as the players and owners went their separate ways with no deal and renewed animosity. All this seemed to happen after a series of events that just left the fans baffled.
News spread that the owners made an offer to the players, and that the players countered based off the owners proposal. That’s good, as they are negotiating off the same principles. The hysteria began when –immediately following the NHLPA offer to the owners– Donald Fehr exclaimed to the press that they were close to a deal, and that he felt it would be done soon.
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Be optimistic or else.
If you aren’t on Twitter, then you missed a very exciting day yesterday. First, Gary Bettman held a press conference that was so short even John Tortorella blushed. After proclaiming that he was happy with the way negotiations were going, the owners and the players got back into the room to continue talking. This of course, came after a full night of intense discussions, which ended around midnight on Tuesday.
Then late yesterday afternoon, more news broke that the NHLPA had made a formal offer to the owners. Two hours later, the owners made a counter proposal. Now it’s worth noting that a counter proposal is significantly different from a rejection. This means that the owners and players have agreed to a framework, and are ironing out the details.
Negotiations –as of the writing of this post (9:30pm Wednesday)– are on going, and the play-by-play on Twitter has the owners alternating between sitting with the players and going back to the owners-only room to relay information.
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Update 9:00am: Multiple sources, including Bob McKenzie, have shot this down.
Original Post: Twitter almost broke last night when WBZ’s Steve Burton announced on TV that there was a deal to be had, and will be signed and announced either today (during the NHL/NHLPA meeting without Gary Bettman or Donald Fehr) or tomorrow:
WBZ’s Steve Burton reports that a deal to save the #nhl season could be announced tomorrow or Wednesday – @JoeGiza
Burton, who is widely known as a very reliable reporter, also noted that both sides made significant progress.
It should be noted that although Burton is very credible, Bill Daly has shot this down. That said, Burton was the one that broke the Phil Kessel cancer news many years ago. He’s not a rumor mongerer, he’s very credible.
While this may seem like false hope, this is still the best news we’ve received since September 15th. I think I’m one of the only ones left that believes we will still have some semblance of a season. However, I am losing hope, and fast.
If Burton is right, then we might see NHL hockey (some of the only hockey available on TV in the US) by Christmas. That’s the best Christmas gift for most of us, even if we refuse to spend money on this league.
Mediator? Eh. But hey, at least it’s progress.
In a move in the right direction by both sides, the NHL and NHLPA have agreed to use a mediator to help end the lockout. The mediator process is relatively simple, as the mediation team will hear both sides and come to a neutral decision. This, in essence, is a lot like arbitration.
However –as we saw in 2004– mediation is not binding. The NHL or NHLPA can walk away from the mediation outcome and we would be right back where we started. So basically, there’s nothing really interesting unless both sides agree to the outcome presented by the mediation group.
Perhaps we already saw the most interesting aspect of this mediation saga.
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In case you missed it, the NHL announced today that they are canceling the 2013 All Star Game in Columbus and all games through December 14.
Yawn. It’s news when the NHL plays, not when they don’t. Sad really.
Image: Getty Images
Gary Bettman became NHL commissioner on February 1, 1993, and has been in this position for almost 20 years. Under Bettman, the league has seen three work stoppages, but also unparalleled growth. While many believe the league over expanded in the Bettman era, it’s worth evaluating each move/relocation to see where the faults/successes were.
There were six new teams added to the league under Bettman’s reign –keep in mind that San Jose (1991), Ottawa (1992), and Tampa Bay (1992) all joined the league before Bettman took over as commissioner, so they are omitted from this evaluation– and five relocations. The grades (Pass or Fail) are based on both team success and financial success.
1993 – Anaheim Mighty Ducks enter league
It took the Ducks three years to make the playoffs following expansion to Anaheim, and they even made it to the second round in 1996 before losing to the Red Wings. Following the acquisition of Scott Niedermayer and (re)acquisition of Teemu Selanne in 1995, the Ducks became a legitimate Stanley Cup contender behind their two leaders and J.S. Giguere, who had single-handedly taken the team to the Stanley Cup Finals in 2003. The Ducks won the Cup in 2007, but have been relatively irrelevant in postseason hockey since.
Despite their successes, the Ducks have been losing roughly $8 million per year and average roughly 86% capacity in attendance numbers. A second team in the LA area likely wasn’t a good idea. Grade: Fail.
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Frank Seravalli of the Philadelphia Daily News broke the story this morning that Flyers owner Ed Snider may be changing sides on this lockout. Snider, long believed to be one of those in favor of the lockout (although Seravalli notes that Snider may have been one of those “wait and see” parties), is one of the few owners that commissioner Gary Bettman listens to. Rumors of dissension among the owners have been rampant, but this is the first sign of truth to those rumors.
We noted here that Snider, whether he knew it or not, was one of the key players in these negotiations (yes, I’m aware the prediction in that post is wrong). He has Bettman’s ear, is owner of one of the big market franchises, and has a lot more to lose than the small market teams (or the Bruins, who barely make money).
Seravalli also notes that the Flyers, Rangers, and Penguins seem to be forming an alliance to end the lockout. The fact that Snider has switched sides (supposedly) is great news for those who want this lockout to end. So, it’s great news for everyone not named Jeremy Jacobs.