National Hockey League: Arbitrator agreed upon for Ilya Kovalchuk hearing
How did it come to this? Everything was just dandy till just over a week ago. Ilya Kovalchuk, from the New Jersey Devils, had found a team willing to pay his price. Jersey fans were rejoicing and the curtains had finally closed on all the Kovalchuk drama.
Then the NHL comes in and spoils it all. Kovalchuk had been given a frontloaded contract, which have become increasingly more common in the NHL. Except Kovalchuk’s deal dwarfed every frontloaded contract before it. The NHL had finally had enough and told the Devils and Kovalchuk that the contract would not be accepted.
Which brings us to arbitration. The NHL players association filed a grievance against the NHL’s decision meaning the two sides would agree on an arbitrator who would decide Kovalchuk’s fate. That arbitrator has been reportedly selected and agreed upon by both sides.
So what exactly would this arbitrator be doing? The arbitrator would have a few options to choose from depending on which side he agrees to. If the arbitrators finds that the leagues objection to the $102 million, 17 year contract are indeed valid that the contract would become null and void. Kovalchuk would be a free agent once again. The arbitrator could also rewrite the terms of the contract if he chooses to. The Devils and Kovalchuk would then have 3 days to sign the rewritten contract until Kovalchuk is a free agent again.
Following a ruling in their favour, the league could then really begin to flex its muscles. For starters they could fine both the team and Kovalchuk for attempting to circumvent the collective bargaining agreement. The devils could be fined up to $5 million dollars which would also count as a salary cap hit. Kovalchuk could face a fine to the tune of a million dollars.
The NHL really has opened a can of worms with the contract’s rejection. Kovalchuk’s may be the most obscenely front loaded contract out there but there are indeed other contracts that are obviously intended to circumvent the salary cap. All eyes would be on the league, what, if anything what would they do about those contracts? After a precedent that describes that front loaded contracts are indeed in violation of the CBA, then only could the league conceivably direct its wrath at Marian Hossa or Chris Progner.
Whatever happen though, its quite certain that Kovalchuk won’t get a deal like this again. There simply aren’t enough teams out there who can afford Kovalchuk. Kovalchuk would have to take a significant pay cut from what the Devils had already agreed to pay or worst still he might actually have to play into his forties. Kovalchuk can’t possibly be happy with either of those options. But then there is Russia.
The Russian Kontinental Hockey League operates under somewhat lighter rules. The Russian sniper already had an offer from the Kontinental Hockey League before the Devils contract came undone. If all else fails we could see the Russian going back home. That would be a loss for the sport overall, certainly for the fans, the Devils, the league and the players association.
Of course all of that is assuming the NHL would prevail and get a decision in their favour but frankly, the league doesn’t have a leg to stand on. Evidence needs to be presented to the arbitrator that the Devils and Kovalchuk indeed didn’t act in good faith. How they would go about proving that is between them and the arbitrators.
The players association would also make sure that the league answers for ignoring the Hossa and Progner deals. They would argue that by not taking any action over even raising an eyebrow at those contracts the league set a precedent effectively declaring frontloaded contracts to be legal. It’s up to the arbitrator now.
Hopefully it shouldn’t be too long before everything ‘Kovalchuk’ is finally settled.
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