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NHLPA Begins Search For New Executive Director

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While the seasons of many NHL clubs end tonight, the work for the NHLPA is just beginning. The Players’ Association has announced that their Executive Board has voted to form a search committee to begin the process of finding a new executive director of their union. The union released a statement to go along with their announcement:

The many players who have played in the NHL over the last eleven years greatly appreciate the significant accomplishments under the leadership of Don Fehr.  Don joined the NHLPA after a long and successful career as Executive Director of the MLBPA and quickly stabilized the union following a very difficult period.  He led the NHLPA through the owners’ 2012-13 lockout and negotiated a new CBA that created a defined benefit pension plan which will greatly benefit players for generations to come. Don played an important role in reviving the World Cup of Hockey in 2016. After Covid-19 forced the suspension of the 2019-20 season, Don led the bargaining that resulted in an extension of the CBA in July 2020 and allowed for the 2020 Stanley Cup Playoffs to be played. We look forward to continuing to work with Don as we go through the succession process.

While this news comes at an unexpected time, it is not entirely out of the blue. Fehr’s future was already under scrutiny, with Frank Seravalli of Daily Faceoff previously reporting that there was a level of discontentment regarding Fehr’s leadership that could necessitate a change. The timeline of this move is a bit shocking, though, as many believed the process would be left for the summer, including TSN’s Pierre LeBrun.

But as is made obvious by this announcement, the NHLPA decided now was the time to make a change. While Fehr’s role may not put him into the attention of most NHL fans, his job is one of major importance. As the leader of the NHLPA, he is the highest-level executive who represents the players as a whole, and he leads their charge in any contentious labor negotiations with the league. There will undoubtedly be many who will vie for this coveted position, and who the players choose could signal the direction they go in their future negotiations with the league. The NHL has been lucky to avoid a lockout similar to the one Major League Baseball faced this winter, so perhaps one major priority for the players will be finding a candidate who can maintain labor peace, but of course, only time will tell.

Colton Sissons, Evander Kane Earn Fines

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The NHL Department of Player Safety has handed out a pair of fines today, deciding against suspensions for both Nashville Predators forward Colton Sissons and Edmonton Oilers forward Evander Kane.

Kane has earned a $5,000 fine for kneeing Los Angeles Kings defenseman Sean Durzi in last night’s game, the maximum allowable under the CBA. The incident in question took place in the second period, with Kane extending his leg to get a piece of Durzi as the puck was sent up ice. The Oilers forward received a two-minute minor penalty for the hit and will now lose a bit of cash as well.

Sissons meanwhile has earned a $2,500 fine for spearing Ottawa Senators forward Josh Norris in last night’s match. That amount is notably not the maximum, and Sissons did not receive a penalty from the on-ice officials.

While they’ve avoided suspensions this time, both incidents will go on the record for Kane and Sissons, meaning any future transgressions could be penalized more harshly. Still, given how important every game is down the stretch, being available for their teams is obviously the most important thing.

NHL GM Meetings Roundup: Salary Cap, LTIR, No Trade Clause, Russian Draft Picks, Officiating, Revenue

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With the conclusion of this year’s NHL GM Meetings, NHL Commissioner Gary Bettman and Deputy Commissioner Bill Daly gathered for media availability earlier today to discuss the meetings, including their thoughts on certain hot topics, potential changes to rules, and the overall state of the game.

One change reported earlier was that the salary cap is expected to increase by $1MM next year to $82.5MM. Although the salary cap is expected to remain flat through 2024-25, Bettman clarified that a $1MM increase on the cap is still in-line with a flat cap. Albeit a small change, the extra space could stand to benefit some teams who are already dangerously close to the cap ceiling and project to be in the same position next year. Bettman did add that after 2024-25, he expects that the cap would increase more substantially.

  • On the much-discussed LTIR situation in the NHL, Bettman and Daly did not express much concern, a relay of the feelings of the 32 teams. Bettman did acknowledge the situation, but said that it was “not going to be addressed as a front-burner issue anytime soon.” In regards to teams who have players return right at the start of playoffs, a seemingly convenient occurrence, Daly clarified the NHL’s process of handling these issues, noting that the league, when a player is placed into LTIR, requests the projected date of return, and if that date is around the start of the playoffs, they do look deeper into it and may even use an independent medical expert to verify the proposed timetable.
  • Touching on no-trade and no-movement clauses in light of the Evgenii Dadonov non-trade, Daly said that the league has already had discussions with the NHLPA about the possibility of having a rule requiring all such clauses to be filed with both the NHL Central Registry and the NHLPA. Ultimately, a new software that the two sides could share to store and access the clauses, appeared to be an idea on the table for the league. To get the process started, Daly added that a draft letter agreement had been written and the league was planning on sharing that with the NHLPA today in hopes of jumpstarting negotiations.
  • When asked about any possible restrictions on Russian players in the upcoming NHL Entry Draft, Daly did not anticipate any restrictions, but did qualify that the state of the world could be much different at that time.
  • On the topic of officiating, Bettman explained that he thought the officiating meeting went well, with the topic of the meeting being merely an update, and that it was otherwise uneventful. Bettman also appeared surprised that anyone thought the meeting could be construed as contentious and did not share those beliefs when asked.
  • One last topic that many hockey fans may gloss over, is revenue. Bettman mentioned that the league expects revenue to once again hit the $5B mark this year, notwithstanding the attendance restrictions and movement of games in the Canadian markets in late 2021 and early 2022.

NHL General Managers Could Discuss Closing LTIR Playoff “Loophole”

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Next week holds in store an NHL general managers’ meeting in Manalapan, Florida, and Daily Faceoff’s Frank Seravalli reports that the agenda may include a discussion around altering the long-term injured reserve “loophole” used by teams to build legal, but non-salary-cap-compliant rosters for the Stanley Cup Playoffs.

As it stands, teams are allowed to gain cap relief from players on injured reserve for the end of the regular season before the salary cap disappears for the playoffs, then bringing those players back once healthy for playoff runs. It theoretically allows teams to exceed the hard cap by several millions of dollars during the playoffs due to the salary cap not being in effect at the end of the regular season. Seravalli says at least one general manager has requested that this be included on the meeting’s agenda, with that GM believing “strongly that wasn’t the intended spirit of the CBA when it was written.” It’s a rule that’s been taken advantage of by multiple Stanley Cup-winning teams in the past, including the Tampa Bay Lightning in 2021 with Nikita Kucherov and the Chicago Blackhawks in 2015 with Patrick Kane.

The anonymous general manager cited in the article doesn’t think a complex solution is required to fix this inequity, however. While they don’t advocate for overall financial roster limits, they put forth a proposal that the 20-man roster on the ice for each team during a playoff game can’t exceed the salary cap. This would provide a boost to essentially all playoff teams, considering that during the regular season, any healthy scratches or players on regular injured reserve count against the salary cap as well. It gives teams flexibility, allowing them to make roster decisions freely during the playoffs among healthy players within the constraint of a combined $81.5MM cap hit for the on-ice lineup.

However, as Seravalli notes, any modification to this rule requires negotiation with the NHLPA, as it constitutes a “material change” to the Collective Bargaining Agreement.

While no surefire playoff team this season is taking advantage of this loophole in earnest, it was widely assumed the Vegas Golden Knights’ playoff lineup would benefit from this ability due to captain Mark Stone’s long-term back injury that’s expected to keep him out through the regular season. Now, with additional injuries continuing to pile up for the Knights, it’s feasible the team misses the playoffs entirely.

NHL Announces More Postponements

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The NHL has officially announced the temporary formation of taxi squads and three additional postponements. The following games will be rescheduled for later in the season:

  • Columbus Blue Jackets at Chicago Blackhawks, December 28
  • Pittsburgh Penguins at Toronto Maple Leafs, December 29
  • Boston Bruins at Ottawa Senators, December 29

The other games scheduled for Tuesday are set to play as originally planned, though there will be continued testing that could change that. Frank Seravalli of Daily Faceoff writes that more players are expected to be placed in the COVID protocol tomorrow when test results have been confirmed.

In addition to the postponements, the league has officially revealed the new taxi squad rules. As previously reported, they will be in place from today through each team’s final game prior to the All-Star Break. It will have a maximum of six players at any time, will be subject to normal waiver requirements and no player may spend more than 20 cumulative days on the taxi squad.

There have also been temporary modifications to the CBA, allowing some salary cap relief for clubs dealing with COVID absences. Roster Emergency Exception recalls are now allowed to be players with a cap hit of up to $1MM (previously it had been limited at $850K). Teams can now recall a goaltender under emergency conditions–i.e. if they have fewer than two goaltenders on the active roster–without playing a game short. That means we won’t continue to see EBUGs pop up around the league (or at least not as often).

The full changes can be found here.

Gary Bettman: Olympic Participation “Ultimately A Players’ Decision”

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The NHL has more than a few concerns about participating in the upcoming Winter Olympics in Beijing, China. Speaking with the media, including CBC’s Joshua Clipperton, following the conclusion of Friday’s Board of Governors meeting, Commissioner Gary Bettman didn’t shy away from expressing his hesitations either:

We have real concerns on a whole host of issues… We have concerns, and we’ve expressed those to the players’ association… Our concerns have only been magnified… I actually find it difficult to believe that a player would want to go…. I don’t think that this is going to be the ideal Olympic experience in terms of the lockdowns in the Olympic Village and everything else that’s going on.

The league’s apprehension is based mostly on the continued issues with the spread of the Coronavirus, not only across the league but on a global basis, China included. The NHL has seen the majority of its teams impacted by COVID-19 already this season, including at the cost of some games. Olympic participation would mean sending its biggest stars off, out of the protection of the league’s protocols and to the origin point of the virus and to protocols that have yet to be finalized and announced. In that same vein, Bettman discussed the possibility that China could mandate a three-week quarantine for any athletes who test positive for COVID and stated that he would be surprised if any NHLer would risk an additional three weeks in the country in order to play at the Olympics. Beyond the COVID conversation, there are also a number of political red flags as the governments of both Canada and the United States have become more vocal of late about the human rights violations taking place in China.

Yet, with all that said, Bettman is standing by his word. Barring a joint decision between the NHL and NHLPA – with Deputy Commissioner Bill Daly stating his expectation that the two sides would be on the same page should it reach this point – to disallow participation, the final decision will lie with the players themselves:

We made a promise to the players, and I’m going, to the best of our ability, adhere to it, understanding that there may be consequences that nobody’s gonna like… It’s not like we haven’t expressed our concerns. But in the final analysis, subject to some caveats, with all of the issues that are being raised… the players, for the most part, seem to continue to be saying they want to go… ultimately, this is going to have to be a players’ decision.

A return to the Olympics was in fact collectively bargained when the NHL and NHLPA agreed to a new CBA last year. The players have right to compete for gold if they so choose, though it is obvious that the league would rather they not. Bettman does note that more players have expressed their concerns of late, but will it be enough? That remains to be seen with time ticking away before the opt-out deadline of January 10 and the opening of the tournament in two months.

Ryan Hartman Avoids Suspension, Earns Fine

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The Department of Player Safety has decided that Minnesota Wild forward Ryan Hartman’s slew foot on Tampa Bay Lightning forward Ross Colton did not rise to the level of a suspension, issuing a $4,250 fine instead. The fine is the maximum allowable under the CBA, based on Hartman’s current salary.

The incident, which occurred late in the first period on Sunday night and resulted in a tripping penalty for Hartman. He then received an additional five-minute major for fighting when Zach Bogosian engaged him almost immediately after he exited the penalty box. Colton avoided a serious injury on the play and ended up seeing nearly 16 minutes of ice time in the game.

Slew-footing has become something of a trend in the NHL this season, with several different players earning fines or suspensions for incidents similar to the one that happened in Tampa Bay. Just last week, Kevin Labanc received a one-game suspension for nearly the same thing, with the league including the explanation that “what causes this play to rise to the level of supplemental discipline is the speed the players are traveling and their proximity to the boards.” Perhaps in the Hartman case, they did not feel it included those same factors.

Snapshots: Blackhawks, Kane, Wedin

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It is a quick COVID Protocol turnaround for a few Chicago Blackhawks, well at least two of the three. After missing practice yesterday due to compliance with league protocol, Ryan Carpenter and Erik Gustafsson were back on the ice at morning skate today ahead of their game against the Detroit Red Wings. However, remaining absent was star Patrick Kane, who was also among the protocol group yesterday. The Athletic’s Scott Powers has confirmed suspicions, relaying word from the Blackhawks that Carpeneter and Gustafsson have been removed from the COVID Protocol, but Kane has not. There is no word as to why the trio were initially subject nor why Kane remains, but regardless Chicago will get some reinforcements back but could still be missing their best player tonight. Off to a frustrating 0-4-1 start, the Blackhawks can ill afford to be without Kane for very long. Interestingly, head coach Jeremy Colliton stopped short of ruling Kane out against Detroit, but there will have to be a change to his COVID status within a matter of hours.

  • Another team missing a Kane is the San Jose Sharks. Last season’s leading scorer, Evander Kane, is serving a 21-game suspension for violating COVID Protocol by using a fake vaccination card. Given all of the controversy surrounding Kane over the past year though, a 21-game absence is unlikely what the Sharks expected to result from multiple investigations. The big winger will in fact be eligible to return to the team before the end of November. So where does San Jose go from here? The team is off to an incredible and unexpected 5-0-0 start and is playing well, perhaps without Kane’s distraction in the locker room. However, they have little recourse to prevent him from returning to the club. TSN’s Chris Johnston reports that the Sharks cannot terminate Kane’s contract due to the lengthy suspension nor can they do so as an internal form of punishment due to the findings that led to his league suspension. The CBA does not allow either form of double punishment and the NHLPA would not let it fly. They would be supported by a recent report from Sportsnet’s Elliotte Friedman, which stated the league never considered termination as a punishment for Kane. While the Sharks may be opne to a reunion with Kane, both Johnston and Friedman note that the team’s reaction has been a mixed bag of support and disdain for the situation and Kane’s coaches and teammates have been non-committal about whether or not they want him back. The team has just over a month to decide how to handle his return.
  • Interestingly, a former Chicago Blackhawk and a player once linked to the San Jose Sharks was back on the market this week, albeit briefly. Forward Anton Wedin, who spent the 2019-20 season in the Blackhawks organization, terminated his contract with the KHL’s Sibir Novosibirsk earlier this week. This sparked some speculation that perhaps he would return to North America, even if only on an AHL deal. After all, Wedin made the jump from Sweden to Chicago at 26 and played in four NHL games and recorded 17 points in 31 AHL games. It was by no means a poor season. Wedin, who was only on a one-year deal with the Blackhawks, drew some NHL interest in the 2020 off-season, but ultimately decided to say home in Sweden during the pandemic, totaling 16 goals and 30 points in 39 games with HV71 in his best SHL season to date. Wedin’s name did not appear in any NHL rumors this summer and he signed in the KHL, but after just two points in 14 with Sibir he has moved on. Instead of exploring a return overseas though, Wedin will play out the season in the KHL after signing with Dynamo Moscow for the remainder of the year. Still just 28 and with NHL experience and ability, perhaps Wedin could return to the league in the future.

Latest On Evander Kane

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Yesterday, the San Jose Sharks left Evander Kane off their opening night roster, noting that he “is considered a non-roster player pending completion of the NHL’s investigation.” There was no clarity on how that affected the team’s cap situation, but CapFriendly reports today that Kane’s $7MM cap hit will not currently count against the Sharks. That leaves them with a little more than $8MM in total cap space going into the season.

The bigger question is how long will the Sharks be without Kane, and there could be an answer coming soon on that front. Nick Kypreos of Sportsnet tweets that the league is leaning toward suspending Kane under the CBA’s “Commissioner Discipline for Off-Ice Conduct” (article 18-A). A suspension like this is entirely determined by the league’s commissioner, in this case Gary Bettman, but does have an appeal process. Technically the article also states that a player’s contract can be canceled by the commissioner, though nothing has indicated that will be the case here. It reads:

18-A.2 Commissioner Authority to Impose Discipline for Off-Ice Conduct.

Whenever the Commissioner determines that a Player has violated a League Rule applicable to Players (other than Playing Rules subjecting the Player to potential Supplementary Discipline for On-Ice Conduct), or has been or is guilty of conduct (whether during or outside the playing season) that is detrimental to or against the welfare of the League or the game of hockey, he may discipline such Player in any or all of the following respects:

  • (a) by expelling or suspending such Player for a definite or indefinite period;
  • (b) by cancelling any SPC that such Player has with any Member Club; or
  • (c) by imposing a fine on the Player not exceeding the maximum permissible fine under Section 18.7(b).

For the purpose of calculating compensation forfeited due to a suspension under this Article, the Player will forfeit all Paragraph 1 NHL Salary and Bonuses, but not Performance Bonuses, commencing on the effective date of the suspension through the completion of the last game or date of the suspension, inclusive of all intervening days.

David Pagnotta of The Fourth Period tweets that the investigation is ongoing and Kane is currently designated as a non-roster player. How long that designation stands for is unclear, just as the potential length of suspension is still unclear.

When the league announced that Kane had been cleared of the allegations of gambling on NHL games, it also included a note that he was being investigated for other potential wrongdoing. The official release has been changed several times, but now does not include any mention of the “allegation of inappropriate behavior potentially jeopardizing the health and safety of Club members” that it once listed.

Teams Will Receive Cap Relief For COVID-Related Suspensions

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One of the changes to the COVID protocols in the NHL for the upcoming season is the ability for teams to suspend players without pay who are “unable to participate in club activities” due to being unvaccinated.  Deputy Commissioner Bill Daly confirmed to Postmedia’s Patrick Johnston that Section 50.10(c) of the CBA will apply in this scenario which means that teams who suspend an unvaccinated player under these protocols will receive corresponding cap relief for the day(s) the players are suspended for.

Among the scenarios where unvaccinated players could be suspended are government-imposed quarantine after crossing the border or the requirement of having the vaccine to be allowed to enter an arena which has popped up in a few states with NHL teams in recent weeks.

It has been suggested that the stricter protocols including the potential for suspension without pay have played a role in the high percentage of NHL players who have currently received the vaccine – a number that’s estimated to be at roughly 98%.  With that in mind, the number of regular NHL players who aren’t vaccinated is quite low; Daly suggested to Ryan S. Clark, Mark Lazerus, and Joshua Kloke of The Athletic (subscription link) that they expect that 15 or fewer players fall under this category which means that they would be the only ones subject to this scenario.

It’s worth noting that while it could create an opportunity for teams to bank space during the season, it’d be an unwanted one as it would take a regular player out of the lineup and potentially force a recall from the AHL.  Meanwhile, teams in LTIR would be able to bring a replacement up but wouldn’t be able to bank any cap space unless they were to dip under their respective Accruable Cap Space Limit as a result of the suspension.  We’ll see over the coming months if this scenario winds up coming into play and whether it winds up having any sort of tangible salary cap impact for teams with an unvaccinated player.

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