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Coyotes terminating Galcheynek contract 12 days after signing due to off ice situation. NHLPA reviewing

joestevens29

joestevens29

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Question as I have no idea that it's even an issue in this case, but maybe it could be.

Is there still contracts signed with the clause "based on passing a physical"?
 
LadyStanley

LadyStanley

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I've seen that come up in trades where receiving team says incoming player unavailable to pass physical.

(And I've seen it in NFL, such as QB Garapelo contract with Raiders that had to be reworked before signing due to preexisting injury.)
 
LadyStanley

LadyStanley

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sports.yahoo.com

Alex Galchenyuk violently threatened officers, used racial slur during arrest

The Arizona Coyotes parted ways with Galchenyuk, only 12 days after signing him, following the forward's arrest.
sports.yahoo.com sports.yahoo.com

Player arrested.

Scottsdale Police have reportedly confirmed to The Athletic's Katie Strang that Galchenyuk was arrested on July 9 on a number of charges including private property hit and run, disorderly conduct, failure to obey, resisting arrest, and threatening or Intimidating.
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mouser

mouser

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Curious to see if the PA and Galchenyuk choose to grieve this.

Other players have done worse legal things and not had their contracts terminated. But that also means there isn’t really a precedent for how severe off-ice conduct has to be to justify contract termination. Galchenyuk also has the wrinkle that this off-ice issue occurred before he played a single game on the new one year contract. Just because a team decided not to terminate a contract for a valuable player like ROR w/ his off-ice incident doesn’t mean collective bargaining prohibited the team from termination.

For the PA the risk of losing a grievance and establishing a precedent with Galchenyuk might outweigh the benefits of winning a grievance? Perhaps saving a future grievance for a similar but stronger case? Such as a team trying to use an off-ice incident to terminate a player for cap purposes.
 
LadyStanley

LadyStanley

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mouser

mouser

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Going to copy what I posted in another thread:

Entering the SABH program doesn’t necessarily “increase” Galchenyuk’s odds in a grievance, but failure to do so could reduce his odds.

Personally, I think Galchenyuk has better than 50% odds to win a grievance. The SABH (Substance Abuse and Behavioral Health) program and collective bargaining between the NHL and PA essentially says the solution to “help” players with alcohol or other substance abuse problems does not include contract termination. Players enter the assistance program and depending on the situation could receive anything from full pay to no pay during treatment. While contract termination is not included as an option in SABH, indefinite suspension without pay is.

If Galchenyuk and the PA do grieve the contract termination, Arizona would likely have to argue Galchenyuk’s conduct towards the police officers was severe enough that it exceeded simply a player needing help with substance abuse. Rising to a degree where his conduct created a material breach of the contract.

The CBA and other documents I’m aware of are silent on addressing this question. I would break the legal question down as:

A) Is all player off-ice conduct protected from contract termination if a substance or behavioral abuse issue is involved?
B) If not, then what are the thresholds where the conduct can be considered a material breach of the contract?
 
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joestevens29

joestevens29

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mouser said:
Going to copy what I posted in another thread:

Entering the SABH program doesn’t necessarily “increase” Galchenyuk’s odds in a grievance, but failure to do so could reduce his odds.

Personally, I think Galchenyuk has better than 50% odds to win a grievance. The SABH (Substance Abuse and Behavioral Health) program and collective bargaining between the NHL and PA essentially says the solution to “help” players with alcohol or other substance abuse problems does not include contract termination. Players enter the assistance program and depending on the situation could receive anything from full pay to no pay during treatment. While contract termination is not included as an option in SABH, indefinite suspension without pay is.

If Galchenyuk and the PA do grieve the contract termination, Arizona would likely have to argue Galchenyuk’s conduct towards the police officers was severe enough that it exceeded simply a player needing help with substance abuse. Rising to a degree where his conduct created a material breach of the contract.

The CBA and other documents I’m aware of are silent on addressing this question. I would break the legal question down as:

A) Is all player off-ice conduct protected from contract termination if a substance or behavioral abuse issue is involved?
B) If not, then what are the thresholds where the conduct can be considered a material breach of the contract?
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Seems every agreement is different with a lot of grey as well.

I know ours at work they can't fire you if you fail a drug test and go into a program. You can also have mistakes that allow you to keep employment if you go into a program.

However, whether you are in a program or not if you do something illegal or deemed "highly" unsafe they can fire you.

Now just like the NHL if this were say Clayton Keller or what we'd call a strong team member odds are they work with you, but a Galchenyuk or new hire as we'd call it odds are you aren't getting that same treatment.
 
MeHateHe

MeHateHe

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Llama19 said:
Body cam footage released of ex-NHL player Alex Galchenyuk's arrest

Source: www.fox10phoenix.com/news/body-cam-footage-released-of-ex-nhl-player-alex-galchenyuks-arrest
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I hate myself for watching that. I mean, booze doesn't make you do things, but rather reduces your likelihood of not doing things. So if threatening, racist language isn't part of your overall makeup, it's not coming out of you when you're drunk. Or at least, that's the theory. So Galchenyuk's behaviour can't be blamed entirely on booze (was he using something else and/or something else in combination?)

Having said that, I don't think I've ever been that drunk, so I don't know how I would act in the same circumstances. Dude was clearly acting primarily out of fear - practically begging the cops to let him go. Combine the fear with the substance(s) and you don't get a real picture of the guy.

Yeah yeah, people make their own bad decisions, and he needs to really take responsibility for doing bad things, but I can still feel some sympathy for a guy whose worst day has now been broadcast to the world.
 
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awfulwaffle

awfulwaffle

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MeHateHe said:
I hate myself for watching that. I mean, booze doesn't make you do things, but rather reduces your likelihood of not doing things. So if threatening, racist language isn't part of your overall makeup, it's not coming out of you when you're drunk. Or at least, that's the theory. So Galchenyuk's behaviour can't be blamed entirely on booze (was he using something else and/or something else in combination?)

Having said that, I don't think I've ever been that drunk, so I don't know how I would act in the same circumstances. Dude was clearly acting primarily out of fear - practically begging the cops to let him go. Combine the fear with the substance(s) and you don't get a real picture of the guy.

Yeah yeah, people make their own bad decisions, and he needs to really take responsibility for doing bad things, but I can still feel some sympathy for a guy whose worst day has now been broadcast to the world.
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I'm not going to watch it, but I kind of disagree. It's like in the NFL, they have a line you can call and someone will always be there to pick you up when out and drinking. There is 0 excuse for these guys that make millions of dollars to be behind the wheel of a car and a threat to society when they can get a cab for free basically. I don't have any sympathy for him. Compound that he's talking back to the cops, yeah, next story please.
 
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Porter Stoutheart

Porter Stoutheart

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I have to admit, I expected the quotes of his threats and racist language were something he might have mumbled drunkenly as a one-off (and hopefully immediately regretted, or at least was too far gone in his inebriation to even repeat). But he repeated them over and over and over for 10 whole minutes, basically. My modest previous expectations would have been bad enough. That video was completely unhinged. It's a shame he got off so lightly and is probably now making very good money and enjoying himself again in St.Petersburg. :oops:

I don't think the NHLPA would have gotten very far in terms of grieving that termination. :dunno:
 
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Yukon Joe

Yukon Joe

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MeHateHe said:
I hate myself for watching that. I mean, booze doesn't make you do things, but rather reduces your likelihood of not doing things. So if threatening, racist language isn't part of your overall makeup, it's not coming out of you when you're drunk. Or at least, that's the theory. So Galchenyuk's behaviour can't be blamed entirely on booze (was he using something else and/or something else in combination?)
Click to expand...

So on the one hand I don't think I believe that theory - that if you use racist language when you're drunk that means you're a racist all the time, you just know to keep your mouth shut when you're sober. I work in the criminal justice system and have seen so many people that seem genuinely mortified at their behaviour when they were under the influence.

That being said - being drunk (or high) is not an excuse. Ever. You chose to drink, you did those actions, you're responsible for what you did.
 
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