Just reading through the CBA some more these were of interest:
So once a grievance is filed(and a systems arbitrator picked) an investigator goes through everyone's emails and stuff, or whatever the arbitrator will allow.
Then the investigator tells makes a report(I'm assuming he does this even though it's not being released yet) of their opinion on if circumvention has happened.
Then Kovy, Grossman, The Devils, The NHL, and probably the investigator meet up and try to resolve the issue before going to the arbitrator.
If they don't come to an agreement then the parties go before the arbitrator and the investigator issues his report.
So really there is no need for the Devils and Kovy to renegotiate now. They have until the investigation is completed, before the actual arbitration, to construct something with the league that works for everyone. After the investigation everyone would probably have a better idea on where they stand.
That shows that direct proof isn't needed for either side to make their case.
i don't think that's how it works - and i just read the relevant sections of Section 26 myself. that's how it might have worked for the marian hossa contract, but in this case, the league outright rejected the contract. the league has not said they are investigating it, so i don't think this is how things are going to work out.
reading section 11.6, i see no references to section 26. there's no investigator - there's arbitration and that's it. that's actually better for new jersey imo.
Edited by Triumph, 22 July 2010 - 05:36 PM.