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New Kovy Update ("As the Kovy Turns")


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#7061 maxpower

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Posted 26 July 2010 - 11:41 PM

IIRC they sent him down to make room for Elias coming back form hepatitis. IDK maybe I'm just forgetting since it was 4 yrs ago


yeah, but they didn't get cap relief. they just cleared a roster spot. there were plenty of other stiffs they could have gotten rid of to make room for Patty. they pretty much fired Mogs, IIRC, not 100% because of the way he was playing (although he was basically a highly skilled pylon at that point.), but because of some off the ice stuff too.
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#7062 Triumph

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Posted 27 July 2010 - 07:38 AM

yeah, but they didn't get cap relief. they just cleared a roster spot. there were plenty of other stiffs they could have gotten rid of to make room for Patty. they pretty much fired Mogs, IIRC, not 100% because of the way he was playing (although he was basically a highly skilled pylon at that point.), but because of some off the ice stuff too.


what are you talking about? of course they got cap relief.
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#7063 Triumph

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Posted 27 July 2010 - 08:07 AM

dreger tweeting that the kovalchuk decision could come as early as next week. so maybe the NHL actually will expedite the arbitrator search.
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#7064 Daniel

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Posted 27 July 2010 - 08:30 AM

dreger tweeting that the kovalchuk decision could come as early as next week. so maybe the NHL actually will expedite the arbitrator search.


Saying process of choosing arbitrator began last night.
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#7065 Devs1965

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Posted 27 July 2010 - 08:53 AM

This is going to be a long week!
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#7066 newarkdev01

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Posted 27 July 2010 - 08:55 AM

I must admit curiosity as to how the come to a decision on who the arbitrator should be. I also can't believe you do a CBA and don't have a system or pool in place for this.
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#7067 Daniel

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Posted 27 July 2010 - 09:06 AM

I must admit curiosity as to how the come to a decision on who the arbitrator should be. I also can't believe you do a CBA and don't have a system or pool in place for this.



See earlier posts. Short answer, CBA says that a "systems arbitrator" is named/renewed every year so one is supposed to be in place. For whatever reason there isn't one in place. From reports I've heard is that each side will submit a list of arbitrators, and in all likelihood a third-party will select the arbitrator from the list. Ordinarily a pool of arbitrators would be selected by a third party. Each side will rank the candidates. The arbitrator is chosen based on matching each side's the rankings.
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#7068 BlueSkirt

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Posted 27 July 2010 - 09:32 AM

This is going to be a long week!

Yes, they have to pick an arbitrator first. Then it may take more than 1 day for each side to present it's arguments. Once that is done, then within 48 hours the decision is handed down.
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#7069 mmajeski06

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Posted 27 July 2010 - 09:34 AM

Maybe the NHL will move pretty quick on this one. Any apparent stalling in the process by the NHL could hurt them in the long run. If the accusation is that the league is just picking on Kovy and the Devils, then they don't want to provide more fuel for the fire by stalling.

Edited by mmajeski06, 27 July 2010 - 09:35 AM.

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#7070 Amberite

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Posted 27 July 2010 - 09:37 AM

dreger tweeting that the kovalchuk decision could come as early as next week. so maybe the NHL actually will expedite the arbitrator search.


I still hold to the belief that arbitrator will be picked this week and final judgment by next Monday / Tuesday.
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#7071 pattyelias

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Posted 27 July 2010 - 10:00 AM

http://www.thehockey...arbitrator.html

"When the NHL Players’ Association filed a grievance Monday to dispute the NHL’s rejection of Ilya Kovalchuk’s 17-year, $102 million contract with the New Jersey Devils, it ran the risk of having an arbitrator restructure the contract if he or she sides with the NHL in the matter.

One source close to the situation told THN.com that one of the possibilities would be for the system arbitrator to reform the contract instead of rejecting it and if it were reformed, it would likely be to make the cap hit and salary flat, which would mean Kovalchuk’s contract would pay him $6 million per season for each of the next 17 seasons."

It's right there in the CBA under Article 11.6(a)(iv). This outcome wouldn't surprise me although I would expect the arbitrator to recommend the salary distribution to be brought more in line with Hossa, Zetterberg etc.
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#7072 njdevil26

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Posted 27 July 2010 - 10:05 AM

http://www.thehockey...arbitrator.html

"When the NHL Players’ Association filed a grievance Monday to dispute the NHL’s rejection of Ilya Kovalchuk’s 17-year, $102 million contract with the New Jersey Devils, it ran the risk of having an arbitrator restructure the contract if he or she sides with the NHL in the matter.

One source close to the situation told THN.com that one of the possibilities would be for the system arbitrator to reform the contract instead of rejecting it and if it were reformed, it would likely be to make the cap hit and salary flat, which would mean Kovalchuk’s contract would pay him $6 million per season for each of the next 17 seasons."

It's right there in the CBA under Article 11.6(a)(iv). This outcome wouldn't surprise me although I would expect the arbitrator to recommend the salary distribution to be brought more in line with Hossa, Zetterberg etc.


So then what would happen? Because I'm sure Kovalchuk would NOT want that contract.
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#7073 Neb00rs

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Posted 27 July 2010 - 10:07 AM

http://www.thehockeynews.com/articles/34607-THNcom-Blog-Kovalchuk-contract-could-be-restructured-by-arbitrator.html

"When the NHL Players’ Association filed a grievance Monday to dispute the NHL’s rejection of Ilya Kovalchuk’s 17-year, $102 million contract with the New Jersey Devils, it ran the risk of having an arbitrator restructure the contract if he or she sides with the NHL in the matter.

One source close to the situation told THN.com that one of the possibilities would be for the system arbitrator to reform the contract instead of rejecting it and if it were reformed, it would likely be to make the cap hit and salary flat, which would mean Kovalchuk’s contract would pay him $6 million per season for each of the next 17 seasons."

It's right there in the CBA under Article 11.6(a)(iv). This outcome wouldn't surprise me although I would expect the arbitrator to recommend the salary distribution to be brought more in line with Hossa, Zetterberg etc.

The arbitrator ain't doing that...you can mark that down.
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#7074 njdevil26

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Posted 27 July 2010 - 10:13 AM

Yeah I highly doubt that will happen.

I also stand by my position that Lou/Kovy/Grossface have a backup contract.
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#7075 pattyelias

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Posted 27 July 2010 - 10:14 AM

The arbitrator ain't doing that...you can mark that down.


Arbitration usually leads to the result most likely to piss of everyone a little bit. I wouldn't be shocked to see the arbitrator come to the conclusion that the last 6 years of this contract creates an appearance of impropriety and since previous front loaded contracts have been approved that this contract is valid provided the amount of front loaded $$$ is reduced to more in line with Hossa or Zetterberg.
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#7076 Daniel

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Posted 27 July 2010 - 10:18 AM

Yeah I highly doubt that will happen.

I also stand by my position that Lou/Kovy/Grossface have a backup contract.


What also might happen is that the arbitrator might drop, shall we say, subtle hints as to what type of deal would pass muster, to foster some kind of settlement.
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#7077 pattyelias

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Posted 27 July 2010 - 10:21 AM

What also might happen is that the arbitrator might drop, shall we say, subtle hints as to what type of deal would pass muster, to foster some kind of settlement.


I'm pretty sure the hints won't be subtle.
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#7078 Neb00rs

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Posted 27 July 2010 - 10:21 AM

Arbitration usually leads to the result most likely to piss of everyone a little bit. I wouldn't be shocked to see the arbitrator come to the conclusion that the last 6 years of this contract creates an appearance of impropriety and since previous front loaded contracts have been approved that this contract is valid provided the amount of front loaded $$$ is reduced to more in line with Hossa or Zetterberg.

If you are saying that the arbitrator might slightly restructure the contract - putting a little more money on the end and taking some off the top then I agree it's certainly a possibility.

If you are saying that the arbitrator is likely to restructure the contract so that the amount is pretty flat over the 17 year course then I would say no chance - if the arbitrator thought the contract needed that much of a restructure then he would just side with the NHL and reject the contract.
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#7079 DaneykoIsGod

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Posted 27 July 2010 - 10:25 AM

Wait, the arbitrator can re-structure the contract? I thought he was just ruling on whether or not the NHL was justified in rejecting it, and the only possible outcomes were to either have the contract approved or rejected.
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#7080 Daniel

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Posted 27 July 2010 - 10:34 AM

http://www.thehockeynews.com/articles/34607-THNcom-Blog-Kovalchuk-contract-could-be-restructured-by-arbitrator.html

"When the NHL Players’ Association filed a grievance Monday to dispute the NHL’s rejection of Ilya Kovalchuk’s 17-year, $102 million contract with the New Jersey Devils, it ran the risk of having an arbitrator restructure the contract if he or she sides with the NHL in the matter.

One source close to the situation told THN.com that one of the possibilities would be for the system arbitrator to reform the contract instead of rejecting it and if it were reformed, it would likely be to make the cap hit and salary flat, which would mean Kovalchuk’s contract would pay him $6 million per season for each of the next 17 seasons."

It's right there in the CBA under Article 11.6(a)(iv). This outcome wouldn't surprise me although I would expect the arbitrator to recommend the salary distribution to be brought more in line with Hossa, Zetterberg etc.


Hockeynews needs a better legal advisor. I won't go through the entire thing, but 11.6(a)(iv) applies when the contract is invalid pursuant to 11.6(a)(ii). 11.6(a)(ii) states thatit applies when the contract is rejected for reasons OTHER than those specified in 11.6(a)(i). 11.6(a)(i) applies to, among other things, claims of cap circumvention, which is what we have here.

It's an up or down decision by the arbitrator. At most, the arbitrator can let be known with a wink, wink, nudge, nudge, what kind of deal would work.
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