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Leagues and Governing Bodies

NHL's Gary Bettman Faces Uphill Battle In Return-To-Play Negotiations

Bettman has to deal with angry and divided owners, and players not wanting to budgeNHL

NHL Commissioner Gary Bettman "isn't used to losing any negotiations," but right now, he is "in the kind of fight he has never been in before" regarding a return to the ice for the '21 season, according to Steve Simmons of the TORONTO SUN. The "challenge for Bettman now is immense, with owners as angry and divided as they have been in a long time, and players not necessarily wanting to budge." Historically, Bettman is "basically undefeated in negotiations with players and in keeping owners in check." Now all sides "seem alarmed, with a season that is supposed to start on Jan. 1 and no agreement apparently close to getting done" (TORONTO SUN, 11/23). THE HOCKEY NEWS' Ken Campbell wrote the NHL "will argue that it has every right to ask for more concessions." Without "going down a rabbit hole, everything has to do with Section 17 of the Standard Player's Contract." In the MOU between the two sides, the league "essentially protected its rights to suspend operations this season without having to pay the players." Campbell: "So the players are very angry. And they should be. But is it Gary Bettman and the NHL they should be vilifying or their own union’s leadership?" The point is it is a "bad look no matter which side is right." The NHLPA is "basically sitting back and waiting to see what the NHL's 'real' offer is." And while there "might be some wiggle room on increasing the deferred payments, the players want absolutely no part of taking on more escrow" (SI.com, 11/20).

ONUS ON THE OWNERS: Asked which side has the leverage in negotiations, an NHL agent said, "The players have the leverage because at the end of the day, Gary Bettman has to preserve the integrity of the game and they have to play a season -- whatever it looks like. Because if they don't, it's really going to damage the brand. The owners need to start acting like owners. Stop using the CBA or the MOU as a promissory note because they now want to rewrite terms of the note. They assume the business risk by owning teams" (Vancouver PROVINCE, 11/23). In Montreal, Jack Todd writes Bettman "will take the heat, but the blame belongs elsewhere, with the people who are making the real money." These are "tough times for everyone" but the NHL and its owners. Todd: "Pull up your socks, quit whining and let's have a hockey season" (MONTREAL GAZETTE, 11/23). In Toronto, Damien Cox writes the players "have every right to be furious" and "have a right to be suspicious" regarding the negotiations. The "principle for the players is an important one." Cox: "A deal is a deal." The "only way the players should agree" to an increased percentage of deferred salaries "would be to get something back." The NHL "will be fine." Nobody is "going out of business." The next complete NHL season "will begin with 32 teams in September," which is 10 months away. Cox: "Whatever the NHL needs to do to get to that point most efficiently and effectively is what it should do. Focus on that" (TORONTO STAR, 11/23).

RISKY ENDEAVOR: Octagon Hockey agent Andy Scott said the players "need to stand firm and they need to set a precedent they aren't willing to negotiate in the middle of a CBA" as the NHL is "asking for all these concessions to a contract that was formalized four months ago." Scott added that this battle "could get ugly." Scott: "You've got to look at the litigation risk if you're the NHL. Article Seven of the CBA states you're not entitled to enter into a lockout in the middle of a CBA. The NHLPA could challenge the owners if they decide not to go ahead with the season based on economic reasons. They could challenge that this stance is an illegal lockout. So there's significant litigation risk by the NHL" (OTTAWA SUN, 11/23). The GLOBE & MAIL's Cathal Kelly wrote under the header, "The NHL Is Girding Itself For Another Tiresome Labour War" (GLOBE & MAIL, 11/21).

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