Naked Shootout : Article 1 – 7 – A Collection
Nov 30, 2009 I NHL Hockey, Naked Shootout: A Stripped Down Look at the CBA.Articles 1 – 7 of the CBA are your precursors. They set out some general guides which whilst important to the functioning of the agreement, don’t make-up the “pith and marrow” of the agreement.
Article 1 – Definitions.
Definitions! I love definitions sections of legislation and agreements. For a lack of a better description, and with points awarded for complete obviousness of the term, definitions define what certain teams. Such definition is really essentially, particularly when they get in the hands of shifty lawyers, who like to suggest certain interpretations of a term to suit their goals. The CBA definitions section enlightens with such pearls as:
“League” or “NHL” refers to the National Hockey League.
“All-Star Game” means the hockey game so designated by the NHL in which All-Star Players play.
However, as not to make light completely of the definitions system, which as I said actually serves a very useful function there are many useful definitions contained within the agreement. A useful examples of this include “European Player” which affects draft exceptions on the basis of having not played in North America and being above a certain age; or a “Free Agent” which is the umbrella term which breaks down into “Restricted Free Agent” and “Unrestricted Free Agent” all defined.
Article 2 - Recognition
Article 2 of the CBA sets forth the NHL’s recognition of the NHLPA and its role as the exclusive bargaining representative (for player contracts, conflicts between the league and players and arbitrations) of all present and future NHL players. The recognition however does not prevent a player either representing themselves or being represented by an individually certified agent when it is consistent with the agreement.
2.2 also allows the NHLPA to hold meetings at any time provided the timing is approved by teams and doesn’t interfere with the general play and business of the teams and league. It does however require that approval not be unreasonably withheld.
Article 3- Duration of Agreement
3.1 (a) of the agreement retroactively applies the CBA to run from 14th of September 2004, the date at which the lockout started. Under this article, the current CBA shall run until 12 am September 15, 2011. (all times in the CBA are considered New York time, on the basis of the league’s offices, unless otherwise indicated). However, after this date, it can be renewed continuously on a year b y year basis, and will be done so until written notice to terminate the agreement is provided more than 120 days prior to the ending of the current agreement term.
However 3.1(b) allows the NHLPA to terminate prior to 2011, with the first possible date having already passed at September 15 2009. Once again, this termination is contingent on written notice of termination 120 days prior to the agreements end / extension date as above.
Importantly, 3.2 indicates that the agreement of the CBA is binding upon the NHL, the NHLPA, all member clubs and all its minions , uh Players!
Article 4 – Union Security and Check Off
Article 4 basically sets out procedural rules of the NHLPA in relation to player membership and due. Every player has a right and option to join or not join the NHLPA but regardless of membership everyone is liable to the same payment of an “annual service fee” or “periodic dues” (essentially the terms just differentiate depending on membership). The section (at 4.2) further allows the each individual Club to deduct the dues owed from a players salary if they have been voluntarily authorized and allowed to do so, and pay those dues on to the NHLPA. If this deduction does not conform with NHLPA by laws, the NHLPA will indemnify the NHL club for the costs incurred.
Article 5 – Management Rights
Article 5 sets out the rights each NHL club and the league itself has in regard to the management of their club. At any time, a team shall be able to direct and control their team, and from time to time determine where, how and under what circumstances their team shall continue to operate, be suspended, continued, sold or moved.
This section also provides the basis for the NHL’s right to determine the rules by which the game is played.
Article 6 – NHLPA Agent Certification
Article 6.1. grants exclusive rights of negotiation with an NHL Club to either a Player or to a Certified NHLPA Agent. No other person may enter into negotiations with an NHL club. In order to enable this to be carried out proficiently, 6.1 also lists the procedural rules (such as how often to update, the information to be contained within) which govern the Certified Agent List held by the NHL and provided by the NHLPA.
These rights are then furthered at 6.2 by declaring that NO SPC (Standard Player Contract) may be entered into, and that the NHL will not register or approve any SPC in which a player was not represented by themselves or an NHLPA Certified Agent.
Indemnification the NHL from any costs incurred from a claim made, or a judgment incurred n the basis of their refusal to negotiate with a NON-Certified NHLPA Agent as allowed under the CBA, falls to the NHLPA to cover the costs.
Further procedural rules regarding the Certification Program are added at 6.4 and 6.5 covering the provision of the Agent Certification Program to the NHL within 7 days of the signing of the agreement, as well as that notice of any material changes to the program must be made to the league atleast 60 days prior to the date of change.
Article 7 – No Strike, No Discrimination and Other Undertakings.
A key component I guess in preventing any disgruntled fractions of the League rearing their ugly heads in a way that would prevent league business from being carried out, 7.1 prevents the NHLPA or any of its players from authorizing, encouraging or engaging in any work stoppages, slowdowns or other concerted efforts to interfere with the activities of an individual club or league during this CBA. Declines to play or practice due to picketing or labour disputes are included in this.
7.2 inserts a general discrimination clause that you really see in many contracts or agreements now days, as they are often required by legislation of the relevant countries.
Last but in no means least, we get to 7.3, which prevents any player under a current SPC from negotiating with another club prior to the ending of the SPC. Think of this like, the rule that prevents Brian Burke from chasing down the Sedin twins prior to July 1st!
And that’s it for the first segment of Naked Shootout: A Stripped Down look at the CBA!
