NHL Constitution (and more) is now available for reading

[mouser]

Thought this was noteworthy enough to deserve its own thread. One of the side effects of the Phoenix bankruptcy case is that several previously non-public NHL documents have been included in the court filings. This includes the NHL Constitution as well as some of the ByLaws and BoG procedure documents. I know we have many posters here on the BoH that would like to look at these.

Here's what I've been able to find available online so far:

From the William Daly declaration: http://www.theglobeandmail.com/v5/content/pdf/CoyotesDaly.pdf
- NHL Constitution: pages 26-56
- NHL ByLaw 35 (Transfer of Franchise Ownership): pages 58-59
- NHL ByLaw 36 (Transfer of Franchise Location): pages 79-83
- NHL and NHL Enterprises licensing agreement: pages 61-77


NOTE: This isn't the entire Daly declaration, it's missing a lot of additional exhibits. If someone knows where the rest of it can be found published online I'd appreciate. Exhibit O is of special interest because it includes the NHL Ownership Application form and instructions.

Click to read more...

 

[MAROONSRoad]

Nice find. Can this be added to the "BOH Official Sources"? Seems to deserve a sticky of some sort for future reference.

Thanks,

GHOST

 

[Snoil11]

Done.

 

[Boston]

Can somebody please explain why the NHL Constitution is separate from the CBA? Am I correct in saying the Constitution is collectively bargained?

 

[Killion]

Can somebody please explain why the NHL Constitution is separate from the CBA? Am I correct in saying the Constitution is collectively bargained?

No, that would be completely & utterly incorrect. The NHL Constitution was drawn up when the league was formed with several revisions, additions & deletions over the past 90 odd years. The NHL Constitution is the primary & fundamental document, sets of rules & regulations under which the member Clubs, its owners & management along with the NHL operates. The Collective Bargaining Agreement, or CBA, is completely separate. Its an agreement between the NHL & its employee's (though they call them "partners") who of course are represented by the NHLPA. The NHLPA as well has its own "Constitution", again, a set of rules & guidelines under which they themselves operate. Completely separate from the CBA.

 

[Boston]

No, that would be completely & utterly incorrect. The NHL Constitution was drawn up when the league was formed with several revisions, additions & deletions over the past 90 odd years. The NHL Constitution is the primary & fundamental document, sets of rules & regulations under which the member Clubs, its owners & management along with the NHL operates. The Collective Bargaining Agreement, or CBA, is completely separate. Its an agreement between the NHL & its employee's (though they call them "partners") who of course are represented by the NHLPA. The NHLPA as well has its own "Constitution", again, a set of rules & guidelines under which they themselves operate. Completely separate from the CBA.

Is there a place in which I would be able to find the scope the commissioner's authority in the CBA? It is clearly stated int he constitution, but I can't find it in the CBA.

 

[Killion]

Is there a place in which I would be able to find the scope of the commissioner's authority in the CBA? It is clearly stated in the constitution, but I can't find it in the CBA.

Well, no Boston, the CBA is strictly that; an "agreement" between the NHL & NHLPA. The only references to the Commissioner you'll find would pertain to resolution & or intermediary type functions in various clauses. The NHL Constitution contains the full scope & parameters/responsibilities & duties of the Commissioners office.

If your asking how much latitude the Commissioner has in negotiating the CBA with the NHLPA on behalf of the 30 teams, you must understand that Bettman follows orders from the NHL Executive Committee. He's not out there free-lancing doing as he pleases'. He's employed by the owners to facilitate, negotiate, expedite. Its all clearly mapped out in the Constitution.

There are however a great many NHL "By-Laws", and if you really wanna go to town, check those out. Some seemingly give the Commissioner the right to supercede Constitutional Guarantee's and certainly give one cause to pause in contemplating why Gary Bettman would create them in the first place. Seemingly in some cases arbitrarily either without instruction to be doing so by the BOG's or in collusion with them. Constitutional issues always trump by-laws. Very curious maneuverings over the past 17yrs in that department.