The only thing that worries me about this is the optics in regards to the officials association. There's no doubt they stuck it to the Flames last year and even without Wideman on the roster they may continue to stick it to the organization as long as they are continuing the hard stance on compensation for this.
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The legal world doesn't give a damn about your desire to have it go away. The process will continue, likely for several months more. If you don't want to read about it any more, stop reading about it.
The legal world doesn't give a damn about your desire to have it go away. The process will continue, likely for several months more. If you don't want to read about it any more, stop reading about it.
And if they go to arbitration like the league says it will go a lot faster than a lawsuit at QB.
And if they go to arbitration like the league says it will go a lot faster than a lawsuit at QB.
True, but this is pretty clearly a hail mary that the judge is going to deny. The NHL's constitution names the commissioner as the arbitrator, which isn't going to fly. And given the Government of Alberta is also a party but certainly not bound by any arbitration clause in the league constitution, I can't see this motion going anywhere. But, the team's lawyers certainly needed to make the effort anyway.
True, but this is pretty clearly a hail mary that the judge is going to deny. The NHL's constitution names the commissioner as the arbitrator, which isn't going to fly. And given the Government of Alberta is also a party but certainly not bound by any arbitration clause in the league constitution, I can't see this motion going anywhere. But, the team's lawyers certainly needed to make the effort anyway.
If anything this seems like a way to make sure the lawyers affiliated with the Referee's Association get their billable hours in this year.
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Don Henderson has been leveled multiple times in the NHL. And a lot harder that what Wideman did to him accidentally.
So what? We've all seen players get absolutely destroyed and bounce back with zero effects only to see others get lightly bumped and be on the shelf for months.
Wideman/Flames are responsible. Hopefully this is settled and Henderson can go on living a decent life.
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The interesting thing about this is that if the employment clauses state that all disputes between employees have to be settled through arbitration it should hold up.
In the US courts they have held up these types of requirements to be legally binding
The most famous which led to laws around the clauses specific to criminal offenders being changed. no idea how this would play in Canada #internetlawyer
True, but this is pretty clearly a hail mary that the judge is going to deny. The NHL's constitution names the commissioner as the arbitrator, which isn't going to fly. And given the Government of Alberta is also a party but certainly not bound by any arbitration clause in the league constitution, I can't see this motion going anywhere. But, the team's lawyers certainly needed to make the effort anyway.
Alberta is only a party through subrogation - its rights are whatever Henderson's are. I suspect you are right about the result though. Although I just relied successfully on case law that says if there is an issue or argument about an arbitrator's jurisdiction (where there is an arbitration clause but someone says it doesn't apply), the decision at first instance has to go to the arbitrator.
If I'm the NHL I offer to waive Bettman being the arbitrator. Even though I'm not convinced he'd go lightly (after all, he was on the other side on the suspension).
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If I'm the NHL I offer to waive Bettman being the arbitrator. Even though I'm not convinced he'd go lightly (after all, he was on the other side on the suspension).
If I'm wrong in my belief (and as an a-hole on the internet, that's always likely) , Bettman would be wise to follow your suggestion and avoid that morass entirely because he could not help but to piss someone off. Either he rules against the Flames, who are his direct employer, or he rules in favour of them, to the detriment of his working relationship with the officials union. Best to just allow a third party make the ruling and stay clear at this point.
One thing that I would find curious about the arbitration clause is that the league constitution clearly contemplates the NHL as being American. It stands to reason that the league would operate under American law for such a hearing, even though all parties are Canadian and the incident occurred in Canada. I don't see that flying either.
If I'm wrong in my belief (and as an a-hole on the internet, that's always likely) , Bettman would be wise to follow your suggestion and avoid that morass entirely because he could not help but to piss someone off. Either he rules against the Flames, who are his direct employer, or he rules in favour of them, to the detriment of his working relationship with the officials union. Best to just allow a third party make the ruling and stay clear at this point.
One thing that I would find curious about the arbitration clause is that the league constitution clearly contemplates the NHL as being American. It stands to reason that the league would operate under American law for such a hearing, even though all parties are Canadian and the incident occurred in Canada. I don't see that flying either.
I'm a fan of Bettman but unfortunately over time hes eliminating his own usefulness just through attrition.
His status and presence tend to be counter-productive.
Its just the way it is.
Perfect example: Booing Bettman as they present the Stanley Cup.
Nashville fans have little to no reason to hate Bettman but they did it anyways, because its just a thing.
It might be time for the NHL to 'Oiler' this up and either kick Bettman upstairs or find him another position but just change the face of the League.
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