2013 NHL-NHLPA CBA

[LadyStanley]

http://sports.yahoo.com/blogs/nhl-p...ug-testing-policy-gets-curious-165627696.html

Old (2005) CBA had instructions for destruction of drug testing samples, but there were re-testing opportunities and no specifics.

The new CBA has specific instructions to set up rules on hows/whens of destruction.

The responsibilities of the Program Committee shall also include, among other things, to … establish a policy for the prompt and mandatory destruction of test samples and other related documents and records

http://www.torontosun.com/2013/06/06/beezer-nhl-drug-scandals-coming
And in reaction (or timeliness of MLB scandal), columnist takes issue with NHL testing.

 

[bryndogcanucks]

This caught my eye on page 274:

"(E) In the event that a Retained Salary SPC is "bought out" or
terminated, the resulting obligations (both Averaged Amount and
Salary and Bonus) shall be divided as between the Clubs party to
the Retained Salary Transaction(s) for that SPC on the same
percentage basis as originally agreed upon in the Retained Salary
Transaction."

If this applies to compliance buyouts as well, it would presumably mean that the Isles could trade DiPietro and split the buyout cost 50/50.

 

[danishh]

"alexei cherapanov rule", or clarifications in requirements for compensatory draft picks.

old:

(b) In the event a Club loses its draft rights to an Unsigned Draft Choice
drafted in the first round of the Entry Draft (except as a result of failing to tender a
required Bona Fide Offer (as defined below)), who is again eligible for the Entry Draft or
becomes an Unrestricted Free Agent, a Compensatory Draft Selection shall automatically
be granted to that Club, which Compensatory Draft Selection shall be the same numerical
choice in the second round in the Entry Draft immediately following the date the Club
loses such rights. By way of example, if a Club cannot sign the third pick in the first
round, it will receive the third pick in the second round as compensation.

new:

event a Club loses its draft rights to an Unsigned Draft Choice drafted in
the first round of the Entry Draft (except as a result of failing to tender a required Bona Fide
Offer (as defined below)), who (i) is again eligible for the Entry Draft, (ii) becomes an
Unrestricted Free Agent, or (iii) dies, a Compensatory Draft Selection shall automatically be
granted to that Club, which Compensatory Draft Selection shall be the same numerical choice in
the second round in the Entry Draft immediately following the date the Club loses such rights.
By way of example, if a Club cannot sign the third pick in the first round, it will receive the third
pick in the second round as compensation.

 

[LadyStanley]

Article 10.4 - draft pick compensation for signing group 2 free agent.

If I'm reading this correctly, there won't be a change in the table for compensation until the summer of 2015 (after the 2014-15 season).

FTR: This is the $$/picks as during summer of 2012.

 

[danishh]

yeah, that's what i understood too. Unless they can somehow use prospective average salary to adjust between 2013-14 and 2014-15.

 

[sk84fun_dc]

Article 10.4 - draft pick compensation for signing group 2 free agent.

If I'm reading this correctly, there won't be a change in the table for compensation until the summer of 2015 (after the 2014-15 season).

FTR: This is the $$/picks as during summer of 2012.

That was my understanding as I indicated in my post (see #21) earlier in this thread. The compensation ranges for 2013 & 2014 are the same as they were last year of old CBA (2012- into 2013), too.


edit: Just noticed that the NHL site now links to the new CBA, as well. Not sure when this change was made, but last week and possibly the beginning of the weekend it still linked to the January 25 pager.

 

[LPHabsFan]

After reading the language of the compliance buy-out section, am I to understand that this would negate the mandatory cap penalties on contracts signed after the age of 35?

 

[PookDo]

Buyout question

If a team buys a player out and he goes on to sign with another team he's getting two paydays right?

 

[kdb209]

After reading the language of the compliance buy-out section, am I to understand that this would negate the mandatory cap penalties on contracts signed after the age of 35?

It's not clear - but my interpretation is that it would not negate the 35+ yo SPC rule.

The Compliance Buyout terms state that there will be no cap hit "on account of a Compliance Buy-Out" - but there is no indication that it would be treated any differently than regular buyouts w.r.t. the 35+ yo rule.

(ii) Compliance Buy-Outs. During the "Ordinary Course Buy-Out" periods
following the 2012-13 NHL Season and 2013-14 NHL Season, in addition
to any other Ordinary Course Buy-Outs a Club may want to effectuate
pursuant to Paragraph 13 of the SPC, each Club may elect to terminate and
"buy-out" the SPC of up to two (2) additional Players (in the aggregate
over the two (2) years) on a Compliance basis (a "Compliance Buy-Out")
(i.e., each Club shall be entitled to a total of two Compliance Buy-Outs
that may be exercised in one year or over two years). Such Compliance
Buy-Outs shall be effectuated on the same terms as are set forth in
Paragraph 13 of the SPC, except that (i) there shall be no charge against
the Club's Averaged Club Salary in any League Year on account of a
Compliance Buy-Out and (ii) any amounts paid pursuant to a Compliance
Buy-Out shall be counted against the Players' Share in the League Years
in which they are paid. Further, a Player who has been bought out under
the Compliance Buy-Out provision of this Agreement shall be prohibited
from rejoining the Club that bought him out (via re-signing, Assignment
or otherwise) for the 2013-14 League Year (if that Player was bought out
in 2013) or for the 2014-15 League Year (if that Player was bought out in
2014).

 

[Pierre Dagenais]

Yes. But the buyout only pays him 2/3 of the remaining salary spread over twice the years remaining.

 

[sk84fun_dc]

It's not clear - but my interpretation is that it would not negate the 35+ yo SPC rule.

The Compliance Buyout terms state that there will be no cap hit "on account of a Compliance Buy-Out" - but there is no indication that it would be treated any differently than regular buyouts w.r.t. the 35+ yo rule.

I had a similar view; first take, 35+ contracts treated as a 35+ contract even if a compliance buyout as I didn't see anything stating that a compliance buyout would negate/be an exception to the penalties of a 35+ contract.

Reading 50.9 (i) (ii) on pages 288-289

"Such Compliance Buy-Outs shall be effectuated on the same terms as are set forth in Paragraph 13 of the SPC, except that (i) there shall be no charge against the Club's Averaged Club Salary in any League Year on account of a Compliance Buy-Out and (ii) any amounts paid pursuant to a Compliance Buy-Out shall be counted against the Players' Share in the League Years in which they are paid."

and in 50.2 on page 250

(iv) All Player Salary and Bonuses earned in a League Year by a Player who is in the second or later year of a multi-year SPC which was signed when the Player was age 35 or older (as of June 30 prior to the League Year in which the SPC is to be effective), regardless of whether, or where, the Player is playing, except to the extent the Player is playing under his SPC in the minor leagues, in which case only the Player Salary and Bonuses in excess of $100,000 shall count towards the calculation of Actual Club Salary;

 

[sk84fun_dc]

UPDATED with change in report below

not sure if this should be here or separate thread:

Lightning to sign Suri to one-year, two-way contract that won’t kick in until the 2014-15 season

Trying to figure out how this is allowed? Based on the reporting to date, it's not signing now and loaning the player back for a year. From my understanding of the rules, something has to be 'off' with the reporting on this, because does not appear to be allowed under the CBA rules.

Suri is 24yo for CBA purposes right now. Never drafted, has never played in a NA league and as far as I can tell has never signed an NHL contract before, as far as I can determine.

Per the CBA, 24-27yo European players signing first contract, sign a 1 year ELC.

Per the CBA, terminology still in place stating contract can't be for future season, except for the following season in this case 2013-14.

50.8d (d) “No Club or Player may enter into an SPC that does not cover at least the then- current League Year. The foregoing does not apply to an SPC entered into pursuant to Section 50.5(f) above, or to Unsigned Draft Choices or Draft Related Unrestricted Free Agents, who shall be permitted to sign an SPC during the period from March 1 through June 1 immediately preceding the League Year in which such SPC is to take effect.”

Updated:

Damian Cristodero ‏@LightningTimes
"Here's a more accurate summary of Lightning-Suri situation: Player signed 1-yr, 2-way for 2013-14 (NOT 2014-15 as reported in Switzerland)."

Damian Cristodero ‏@LightningTimes
"Lightning and player have understanding he will play next season in Switzerland, but Lightning says it now holds his rights for next 3 years"

 

[LadyStanley]

Winging it in Motown SBN blog looks at the CBA

http://www.wingingitinmotown.com/20...-to-know-the-cba-episode-1-preamble-article-7
Part 1: Preamble through Article 7


http://www.wingingitinmotown.com/2013/6/14/4414710/getting-to-know-the-cba-episode-2-the-draft
Part 2: Entry draft Article 8, Entry Level Compensation Article 9

 

[LadyStanley]

http://www.nypost.com/p/sports/more_sports/jagr_rep_has_taken_unprecedented_cwS3TDfLi92Somnj9BaqeK

Small clarification: amnesty buyouts can only happen during "first" buyout period (48 hours after Stanley Cup being awarded to July 4 5pm ET). (Compliance buyouts can happen then, OR after arbitration-elected player settlements later in the summer, the "second" buyout period.)

 

[mouser]

http://www.nypost.com/p/sports/more_sports/jagr_rep_has_taken_unprecedented_cwS3TDfLi92Somnj9BaqeK

Small clarification: amnesty buyouts can only happen during "first" buyout period (48 hours after Stanley Cup being awarded to July 4 5pm ET). (Compliance buyouts can happen then, OR after arbitration-elected player settlements later in the summer, the "second" buyout period.)

Compliance buyouts and "amnesty" buyouts are the same thing.

I think you mean to say Compliance (amnesty) Buyouts can only happen during the regular buyout period. Ordinary Course Buyouts (Outside of the Regular Period) can happen during the post-arbitration potential buyout windows.

 

[LadyStanley]

capgeek 7:56am via Web For everyone asking about retained salary transactions and how they work ... capgeek.com/new-cba




(In light of weekend trade of Bernier to Leafs who retained $500k of salary/cap of the two players they traded in exchange to Kings)

 

[Hawkscap]

Compliance buyouts and "amnesty" buyouts are the same thing.

I think you mean to say Compliance (amnesty) Buyouts can only happen during the regular buyout period. Ordinary Course Buyouts (Outside of the Regular Period) can happen during the post-arbitration potential buyout windows.

Do both require a waiver transaction first?

 

[mouser]

Do both require a waiver transaction first?

Yes, both require the player to be placed on Unconditional Waivers before they can be bought out. The only difference between Unconditional Waivers and regular waivers is that any team that claims the player has to pay the original team less $ for the claim. Unconditional Waivers is $125. Regular waivers cost depends on the player experience, ranging from $3,375 for an older player to $90,000 for a 2nd year goalie.

The only exception is players than have an NMC have the choice whether they want to be placed on waivers or not before being bought out. So Briere for example will probably not go through waivers before Philly buys him out.

 

[LadyStanley]

John Shannon @JSportsnet
Sorry to talk business folks....Compliance buyouts can start at 11 pm on the 26th.


11pm ET on Wednesday.

 

[Fugu]

Winging it in Motown SBN blog looks at the CBA

http://www.wingingitinmotown.com/20...-to-know-the-cba-episode-1-preamble-article-7
Part 1: Preamble through Article 7


http://www.wingingitinmotown.com/2013/6/14/4414710/getting-to-know-the-cba-episode-2-the-draft
Part 2: Entry draft Article 8, Entry Level Compensation Article 9

http://www.wingingitinmotown.com/2013/6/21/4436012/getting-to-know-the-cba-episode-3-free-agency
Part 3: Free Agency

 

[LadyStanley]

NYP_Brooksie 4:02pm via Web NHL has notified GMs that league will not allow player to be traded, amnestied and then re-signed by original club, Post has learned.

 

[mouser]

NYP_Brooksie 4:02pm via Web NHL has notified GMs that league will not allow player to be traded, amnestied and then re-signed by original club, Post has learned.

Wise move in my opinion. Removes the possibility of shenanigans on the compliance buyouts.

 

[kdb209]

NYP_Brooksie 4:02pm via Web NHL has notified GMs that league will not allow player to be traded, amnestied and then re-signed by original club, Post has learned.

Wise move in my opinion. Removes the possibility of shenanigans on the compliance buyouts.

Since that restriction is not in the CBA, the NHLPA could file a grievance to contest that ruling, depending on what they feel is better for their membership - more available cap room vs higher escrow.

 

[knorthern knight]

Since that restriction is not in the CBA, the NHLPA could file a grievance to contest that ruling, depending on what they feel is better for their membership - more available cap room vs higher escrow.

My understanding was that the bought-out player could not rejoin his former team for at least one full season. From ARTICLE 50 50.9-50.9 (ii)

Further, a Player who has been bought out under the Compliance Buy-Out provision of this Agreement shall be prohibited from rejoining the Club that bought him out (via re-signing, Assignment or otherwise) for the 2013-14 League Year (if that Player was bought out in 2013) or for the 2014-15 League Year (if that Player was bought out in 2014).

Maybe Brooksie mis-understood that to mean a permanent ban on rejoining.

 

[mouser]

Since that restriction is not in the CBA, the NHLPA could file a grievance to contest that ruling, depending on what they feel is better for their membership - more available cap room vs higher escrow.

Possibly, would be a hard one to go to bat for though by the NHLPA. Even if the NHLPA were to go after it pre-emptively and win a grievance before a player was traded and bought-out, the NHL might still ultimately prevail under the article 26 No Circumvention terms.

My understanding was that the bought-out player could not rejoin his former team for at least one full season. From ARTICLE 50 50.9-50.9 (ii)


Maybe Brooksie mis-understood that to mean a permanent ban on rejoining.

If a Player is traded by Team A to Team B, and then Team B uses a Compliance Buyout the Player's former team is Team B. By the letter of the CBA the player would then be able to re-sign with Team A since his former team is B following the trade.

The tweet from Brooks seems to say the NHL's position is that neither Team A or B could reacquire the player for a season after a Compliance Buyout.