Kesler contract and arbitration

Discussion in 'Fugu's Business of Hockey Forum' started by PecaFan, Nov 18, 2006.

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  1. PecaFan

    PecaFan Registered User

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    In a discussion about Kesler and whether the Canucks can use arbitration to attempt to lower his salary in the future, Wetcoaster has claimed that somehow contracts resulting from offer sheets are different than "normal" contracts, so this:

    12.3 (a) (i):

    "If a Player who is otherwise eligible to receive a Qualifying Offer
    and become a Group 2 Restricted Free Agent had a Paragraph 1
    NHL Salary plus Signing, Roster and Reporting Bonuses in excess
    of $1,500,000 in the aggregate in the final League Year of his most
    recent SPC, a Club may elect to file for salary arbitration to
    determine the Player's Paragraph 1 Salary for the upcoming
    League Year in lieu of making a Qualifying Offer to such Player."

    provision doesn't apply to Kesler.

    http://hfboards.com/showthread.php?p=7102927#post7102927

    Any of our CBA gurus heard of such a thing? I hadn't heard of it.
     
  2. Irish Blues

    Irish Blues Present once again

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    I'll have a definitive answer on Monday ... but I'm not aware of any "hidden appendices" that haven't been disclosed.
     
  3. GSC2k2*

    GSC2k2* Guest

    I have seen no such provision.

    Contrary to the assertions of Wetcoaster (and the Klatt group), the CBA side letters have been published. They are part of the PDF file that has long been in circulation. Of course, Wettie can always claim that there is a Double Secret Probation set of side letters, but ...

    None of the side letters appear to apply to this situation. Frankly, it would not make sense for there to be a distinction between "offer sheet contracts" and "normal contracts" in any event. With all due respect to Mr. MacKenzie, a member of the media is the LAST person I would turn to as support for the interpretation of a legal document.
     
  4. Jazz

    Jazz Registered User

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    Isn't Kesler's contract only for this season? If it is, that makes this discussion (as it pertains to him at least) moot.
     
  5. Irish Blues

    Irish Blues Present once again

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    Yes, it's just a 1-year deal.
     
  6. 19nazzy

    19nazzy Registered User

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    Since this is a Kesler thread I'll say it early:

    Kesler can not be traded.
     
  7. Irish Blues

    Irish Blues Present once again

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    What? That's news ... never heard that mentioned anywhere before. ;)
     
  8. 19nazzy

    19nazzy Registered User

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    By the way some people post, you could think you weren't being sarcastic. :shakehead

    I hope you'll find that Kesler can get a lower contract next year. He's $1,000,000 overpaid.
     
  9. kdb209

    kdb209 Registered User

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    I guess as a designated CBA guru I'll have to chime in here also.

    As far as I know (from reading the entire CBA and exhibits) there is no special treatments for offer sheet SPCs - nor would it make any sense for there to be,

    Kesler would be like any other Group II RFA this coming offseason. Since he qualifies for club elected arbitration in lieu of a QO (since he makes more than $1.5M), the Canucks can offer him a 15% pay cut in arbitration.

    Or they can just chose not to qualify him.

    Since this is yet another Kesler thread, I must bring up the obligatory:

    Keslers $1.9M Offer Sheet contract CANNOT be used by other players in arbitration - it is a one year deal that will be expired (and thus ineligible as a comp) during next season's arbitrations.
     
  10. PecaFan

    PecaFan Registered User

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    Thanks, exactly what I thought. I think Kesler is a dead solid lock for club elected arbitration this post-season.
     

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