Senators Chair Rod Bryden and the NHL "scored a major
victory over" C Alexei Yashin yesterday when independent
arbitrator Lawrence Holden "ruled against" Yashin in his
attempt to become a restricted free agent, according to Ken
Warren of the OTTAWA CITIZEN. In his two-page decision,
Holden stated that Yashin, who sat out all of last season
without pay, "still owes" the team one year of service with
C$3.6M in salary as called for in his contract. Warren adds
there is no appeal procedure in NHL arbitration hearings.
But the NHLPA "reacted sternly to the decision," arguing
that "there is no specific language" in the current CBA
"preventing a player from becoming a restricted free agent
under such circumstances." NHLPA Associate Counsel Ian
Pulver said in a statement, "From a legal perspective, we
think the arbitrator reached the wrong decision.
Particularly to the extent that the arbitrator based his
decision on a series of communications between [former NHLPA
Exec Dir] Alan Eagleson and [former NHL President] John
Ziegler." Ziegler testified during the hearings that he and
Eagleson made a deal during their tenure that any player who
didn't play the final year of his contract owed the team
another season. Warren writes the ruling "will have a major
impact on the always-contentious relationship" between the
NHL and NHLPA (OTTAWA CITIZEN, 6/29).
NEXT MOVE: A second hearing is scheduled for July 11-12
to determine the cost of damages owed to the Senators by
Yashin, but the OTTAWA SUN's Lisa Burke writes that the team
said that it "would not seek compensation" if it won the
ruling. To win damages, the Senators "would have to open
their books for inspection and it's unlikely Bryden would
want to do that" (OTTAWA SUN, 6/29). But in Toronto,
Matthew Sekeres reports that the Senators are "seeking" C$7M
in damages from Yashin (Toronto GLOBE & MAIL, 6/29). Tulane
Univ. sports law professor Gary Roberts: "I'm sure the
[NHLPA] has to be nervous about the damages aspect because
if a player can be held liable in any decrease in season
tickets, then you have a problem." Roberts added that in
the future, agents "will attempt to introduce clauses into
new contracts that assures that a player wouldn't owe an
additional season if he elects to sit" (USA TODAY, 6/29).
BIG WIN FOR NHL: One NHL exec, who was "surprised" by
the arbitrator's ruling, said, "I thought the union had this
case won. It's great for us because it protects the
integrity of contracts, but I really believe we got away
with one" (OTTAWA SUN, 6/29). Flames Vice Chair Harley
Hotchkiss: "I think there has to be some sanctity of
contracts. I think the contracts have to be honoured and
this is the right decision" (OTTAWA SUN, 6/29). The OTTAWA
CITIZEN's Allen Panzeri calls the decision a "victory, which
few had given the NHL much chance of winning" (OTTAWA
CITIZEN, 6/29). In Toronto, Christie & Anderssen: "Players
aren't necessarily bigger than the game or the community
that supports a team" (Toronto GLOBE & MAIL, 6/29). Also in
Toronto, Damien Cox: "The NHL has the kind of victory over
the [NHLPA] for which it has yearned. In theory, this
should be an enormous victory for the league and its teams
in the war against salary inflation" (TORONTO STAR, 6/29).
