Holding rights of drafted prospects - CBA

Discussion in 'Fugu's Business of Hockey Forum' started by Aaron Vickers, Nov 22, 2006.

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  1. Aaron Vickers

    Aaron Vickers FC Hockey

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    Anyone greater than myself happen to have exerps from the current CBA as well as the 1995 ratified CBA on draft pick rights, and more specifically how long they're held?

    I know the rules surrounding them, but am looking to quote the CBA directly.
     
  2. Aaron Vickers

    Aaron Vickers FC Hockey

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    As well, if anyone had the rule/section/subsection of the length of rights teams have would be much appreciated.
     
  3. kdb209

    kdb209 Registered User

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    http://www.nhl.com/cba/2005-CBA.pdf
    http://www.nhlpa.com/CBA/2005CBA.asp

    Article 8 covers the Entry Draft - section 8.6 "Reserve List-Exclusive Rights" covers how long a team retains rights to unsigned draft picks.

    Basically it is 2 years for Junior Players (and Euros) and 4 years or untill their class gradtaues for College Players.

    The old (1995) CBA no longer has a link from the main NHL.Com CBA page, but this link still works for the old CBA:

    http://www.nhlcbanews.com/cba/index.html
     
  4. Emule Richard

    Emule Richard Registered User

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    Article 10 also relevant

    Article 10 is also relevant - under the Defected Players section.

    I have posted my interpretation on my blog -- but I'm not sure if it's 100% correct. Please inform me if you see any issues.

    http://emulehockey.blogspot.com/

    Emule
     
  5. Aaron Vickers

    Aaron Vickers FC Hockey

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    Thanks gents.

    You've made my morning.
     
  6. kdb209

    kdb209 Registered User

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    Mostly right - a couple of comments.

    The bona fide offer claue (8.6(d)) was also in the old CBA. A team making a bona fide offer (a min salary ELS offer) before the next June 1 retained draft rights for a second year, until the following June 1.

    Under the old CBA, unsigned Euro draftees are treated as "Defected Players" under Article 10.2(b)(i)(B). They were treated as Group iV RFAs (Right of First Refusal, but no Compensation) - the team that drafted them effectively held them indefinitely. The same langauge is in the new CBA with a big caveat described below.

    In the new CBA, the exception in 8.6(a)(iii) that a 20 yo draftee who re-enters the draft at 22 only has his draft rights held for a year (and cannot be extended by a bona fide offer) does not apply to players drafted from outside North America.

    In the new CBA, the exception in 8.6(b)(iii) for a 19 yo draftee who leaves Major Juniors in the first year after the draft - the team owns his draft rights for 3 years, but can extend that to 4 years by making a bona fide offer.

    Under the new CBA, the rules on "Defected Players" and Group IV RFA status are the same as under the old CBA, with one very big BUT - there is a letter agreement between the NHL and NHLPA to abolish the "Defected Player" status if a satisfactory IIHF Player Transfer Agreement is signed - effectively making European draftees treated the same as North American Juniors - the team will hold their rights for two years instead of indefinitely.

    It is uncertain if the current IIHF PTA approved by all countries except Russia meets the criteria of that letter, and whether the suspension of the Defected Player status is in effect, in effect for players other than from Russia, or not in effect at all.

    Also, the status of "Defected Player" unsigned pre-lockout draftees is defined in Exhibit 16.2(n). The defected player status of those draftees expires by deadlines set by draft year. If unsigned, those draftees would become UFAs, but still subject to ELS Salary Limits.
     
  7. Emule Richard

    Emule Richard Registered User

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    Thank you for the feedback.

    That letter agreement is very interesting. I have been getting really deep into the RIHF-IIHF-NHL issue and, when I read the defected player provision the other day, I was very surprised to see that it hadn't changed under the new CBA.

    Where can I find the letter agreements to the new CBA? and the old one?

    I would be very interested in reading these.

    Emule
     
  8. kdb209

    kdb209 Registered User

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    The letter agreements are included in the CBA pdf files on the NHL and NHLPA sites.

    I haven't seen any letter agreements under the old CBA.
     
  9. Schitzo

    Schitzo Registered User

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    Anyone who follows the Oilers - is this why we got Hejda for so cheap? He was quite happy playing in Europe, and Buffalo had his rights for like 8 years but never signed him. All of a sudden, the new CBA means that Buffalo will lose his rights, and we grab him for a 7th rounder. He's no all-star, but hell, he's a servicable 6-7th defenseman, so I think we did ok.
     

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