My recollection on this [the notes that I have on it are back home] is that while yes, the NHL did opt-out of the 2005 CBA, it had tried to talk to the NHLPA about a new CBA before September 15, 2012. Bettman had made several overtures to Fehr to sit down and talk, and Fehr continually brushed him off. Essentially, Fehr was trying to bait Bettman into negotiating against himself while giving up nothing; Bettman didn't take the bait, so Fehr made the decision that the NHL wouldn't risk yet another protracted labor stoppage and would come to the table quickly, eager to get a deal done without missing numerous games yet again.
He lost that gamble. He did get the players high quality bath towels though, so ... :golfclap:
But one could also say that, in offering to turn the 57/43 split upside down, that Bettman et al were also trying to entice the players to negotiate against themselves. The reality of negotiations, when much is at stake, is that very little happens until there is leverage, and in this case the leverage came when games were being lost.
As for the present situation, I still think it's comical. The players should know that the 50/50 split is NOT on the table for discussion. If the only real issue is escrow, then the issue continues to be a player education and math problem. The owners have nothing to give up.
It's just amazing to me that the players somehow think that the owners are mistreating them. I mean, I understand that losing 10% of what looks like your salary on paper hurts your feelings, but all the ideas of how that works are very clearly spelled out in the CBA.
So, we still come back to this:
If Fehr is simply confrontational, he can frame the issue for the players that the owners are robbing them through escrow, and he could push for major changes (and he would love to remove the cap, but that won't happen). If the players believe that, then this will get ugly and there will be an opt-out and another work stoppage.
If Fehr is reasonable at all, he will tell the players, "Look, what we have here is a math problem. The way the CBA is arranged, it looks like you guys are getting more in your contracts than is really available to you. We are going to work on making that a closer margin, but it will take some negotiations."
That's all there really is to this.
If the owners are at fault at all, it would be because they knew when they wrote the present rules that most owners/teams would spend to the cap, not the midpoint, so there would be lots of escrow. But it lessened the fight last time because salaries didn't have to be held down as long to get things closer. I don't know if that's what happened, but that's the only way the owners could be at fault here.
And, again, the answer is very simple.
1- Negotiate and let the players dictate what they think is an acceptable level of escrow. Let's say that losing 5% of salaries is agreeable.
2- MATH: Under a roughly 80M cap ceiling, the players lost 10% of salaries. Since spending is usually 97% of cap, that means something like contracted salaries were 77M, and actual HRR allowed the players to receive 69M. At 5% escrow, the salaries would have been 72.5M, so the cap should have been something like 75M. Very roughly, the cap should have been 5% less than it was. (and, that number increases if the players want less escrow losses - escrow withholdings are a different matter, and more complicated math. Ideally, the league withholds something like 3-5%, and the players get it all back. But we are talking actual losses here, not temporary withholdings)
3- Cap should be 5% lower (or more if the players want less escrow).
4- Current HRR growth average is less than that. It's more like 2.5%, so it would take 2 years of salary cap freezes to 'catch up'. And, more years if the players want less.
5- Institute some sort of very slow cap ceiling growth factor for about 3 years, and at the end of that....
6- Write it into the CBA that the salary cap will be.....HRR from last year {I know the final numbers aren't in, but surely there are economists who can do a good strong estimate of the last few weeks} * avg HRR growth * 1.03 {this accommodates how close to actual cap ceiling the teams spend} * 1.05 {or whatever escrow is acceptable}.
7- The owners should readily accept this. There is NO reason for them not to do so.
But, again, the players will probably scream because salaries on the contracts are being frozen. And, again, this is where we find out who Fehr really is:
If he calms them down and explains to them what's happening, then he's reasonable.
If allows them to fester a fighting attitude because of slow cap growth, blaming the owners, then we know he actually just wants a fight.