What I think is about to happen in this week's episode of "Kovalchuk"
A few posts ago, I rambled my way through trying to figure out what the hell happened last week with the Kokvalchuk 2.0 pre-approval process (or lack thereof). We still don't know if it's true or not that the league didn't pre-approve this deal or if they did or didn't previously nix other NJ frameworks because of a 15 year term.
Having had a weekend to think about it, I want to take a stab at a simpler prediction tree:
- 1 - the league never said they wouldn't do 15 years, and/or they did in fact pre-approve 15 years. If this turns out to be the case, I think the league approves the contract and we all get on with our lives of fretting over a possible Jack Penner for Dustin Johnson deal.
- 2 - the league said they wouldn't approve 15 years, rejected a previous 15 year framework, and/or strongly implied that 15 years didn't work for them. If this is the case, I think this:
The league will reject the contract. New Jersey knows they will reject the contract. They welcome it. Because they think they can prevail in arbitration.
And I'll even throw in a bonus prediction. If what I just described occurs, the NHLPA will win arbitration 2.0. Why? Because they will argue that they addressed every issue raised by arbitration 1.0, got rid of the NMC language, corrected the weak-ass tail, and even reduced the term to conform to the age limit of Hossa and Luongo.
The counter-argument from the league will be, "but those contracts are still under investigation." And the NHLPA's counter would be:
"So given this contract is no worse than those contracts and is in some ways better, and is exponentially much better than Kovalchuk 1.0, SPC 2.0 deserves at least as much leeway as the Hossa and Luongo deals. After all, those contracts occurred without precedent, while IK 2.0 has their example to look to, and -- most importantly -- conforms to every guideline established by the first arbitration.
In other words, if you think this contract is (merely) just as potentially problematic as Hossa, then it should get the same treatment as Hossa: approval, followed by stern warning memo and prolonged amorphous investigation."
That's what I would say anyway.
They would essentially be gambling that the second arbitrator (oh, this is all fairly dependent on the interpretation of Bloch's decision that he was appointed for that case only, so there would be a new person for the new hearing) would agree that they did what was asked and that open-ended investigations, used to deter behavior that otherwise would be allowed, fundamentally abuses the authority granted the league by the CBA (that's another subordinate argument I think the NHLPA could make pretty persuasively).
The Devils, by essentially forcing the league to reject the second contract, would be reducing the whole decision down to Hossa. Is 42 the line? Is Hossa a circumvention? There are so many reasons the league wants to avoid going down that road. And it's perfectly reasonable to conclude that if the correct decision on Hossa was to approve and investigate, then Kovalchuk ought to be given the same treatment.
Of course, the alternative is that the correct decision in Hossa was to reject. In which case, the league should kill it now. Until they're willing to do that (as long as the investigation is still open), I think their previous definitive action -- approval -- stands.
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Jack Penner… Dustin Johnson?
I know Dustin Johnson’s a real athlete, but…
Denis Gauthier sucks at hockey... and life.
The Devils wouldn’t go to a 2nd arbitration because then if the Devils win or the NHL wins, we will be hit with a 5 million dollar fine. On top of our cap problems. So it’s Accept/Decline now. Accept means he is a Devil and Zubrus and Salvador get traded. Or its delined and he goes to Russia.
Mathew Barnaby to Lyle Odelein: "Cornelius, as we like to call him, gets under your skin. Planet of the Apes. Look at him. Seriously. He looks like Cornelious."
Odelein to Barnaby: "He should take a look at his wife. She's God-awful to look at."
by RolliePollieKovy on Aug 30, 2010 12:37 PM PDT up reply actions
declined**
Mathew Barnaby to Lyle Odelein: "Cornelius, as we like to call him, gets under your skin. Planet of the Apes. Look at him. Seriously. He looks like Cornelious."
Odelein to Barnaby: "He should take a look at his wife. She's God-awful to look at."
by RolliePollieKovy on Aug 30, 2010 12:37 PM PDT up reply actions
That's a good point...
Could the league choose to apply the fine and cap penalty (or draft picks) to IK 1.0 if they lost the 2.0 arbitration?
by Luuuuuuuuuuc! on Aug 30, 2010 1:48 PM PDT up reply actions
Or its delined and he goes to
Russiathe Rangers.
The Spirit of MeatTrain'10!
by DodgerBlueBalls on Aug 30, 2010 2:35 PM PDT up reply actions
We still don’t know if it’s true or not that the league didn’t pre-approve this deal
Oh, good. I thought I was the only one who was confused. Because you have some people saying they must have submitted something that would work, given that they had meetings about it; and on the other hand, you have people saying it wasn’t pre-approved, so this is an act of defiance. So which is it? I guess we’ll find out soon.
Also, I’m glad you’re still discussing this topic, even if it hurts some refined sensibilities when you do so. ;)
In Dinglebarn We Trust
Daly was paraphrased saying the contract was not pre-approved. Some other folks used the phrase "more than a formality."
The sourced “facts” lean toward “not pre approved.” Only common sense tells you/me/one that they had to get approval. Unless they’re looking for a fight.
Wait till this year.
With fuzzy handcuffs!
The Spirit of MeatTrain'10!
by DodgerBlueBalls on Aug 30, 2010 3:25 PM PDT up reply actions
I think the confusion comes from the statements that the NHL may have approved of the “structure”, but wanted a 13-year deal. NJ wants a 15-year deal (lower cap hit, what a surprise?) and that is the one that was submitted.
As for arbitration, wouldn’t the first contract structure be used as evidence that the player was only going to play 12-13 years? Then the same player and team submit a 15-year contract? They only took away 2 of the 5 “illusionary” years, wouldn’t this be a red flag for the second arbitration?
I think that Lou is relying on the fact that the NHL will not want to “defend” the Hossa contract during an arbitration and then say that the Kovalchuk contract is circumvention, especially if they are close in structure. I don’t know how long the NHL can use the “investigation” of the contract to show that they don’t approve of it. Especially since the Hossa contract is already a year old.
If the NHL approves the new contract, they need to close the “investigations” on the other contracts. Then GMs will know that the Hossa contract is the “line” and will be able to compete on a “level” playing field with the other free-spending owners/GMs. Then the NHL will have to try and address the issue in the next CBA.
It makes a certain amount of sense to try for a Hossafied 15, since that was the last contract not-rejected. But they do seem confident the league won’t get irked and fine them. Is it because the NHL pulled their punches the last time? Or because the league would have to go through a different process to pull that trigger? (I know, it’s not clear in the CBA at all.) I wish we had more information.
If it was fully pre-approved, though, it’s odd that it hasn’t gone through by now. My guess is they wanted to try and skirt that line. But it might work.
In Dinglebarn We Trust
From Kypreos:
2010-11: $6 million
2011-12: $6 million
2012-13: $11 million
2013-14: $11.3 million
2014-15: $11.3 million
2015-16: $11.6 million
2016-17: $11.8 million
2017-18: $10 million
2018-19: $7 million
2020-21: $4 million
2021-22: $1 million
2022-23: $1 million
2023-24: $1 million
2024-25: $3 million
2025-26: $4 million
http://www.sportsnet.ca/hockey/2010/08/31/devils_kovalchuk/
If true, that contract is just silly. No wonder other GMs are not happy with that contract. Why would he play for three years at $1 million just to get the final 2 years for $7 million? How many goals per season would he be expected to score at 38+ and why would NJ still have him on the roster at a $6.66 million cap hit?
Quisp, I can’t wait for you thoughts on what the NHL will do tomorrow.
I am betting rejection, because it is really a ten year deal, again, with the tail ludicrously "hidden" within the 11,12, and 13 years.
“Da, I won’t even lyace the skyates for 1 millions. What, you think I play 3 hyears for 1 millions just so I can get to 3 millions when I am almost 70? Stupid Americans.”
End Corporate Personhood.












