Quote:
Originally Posted by blankall
The CBA provision mentions absolutely nothing about "at the time of an SPC coming into effect". I agree there is a distinction, but not one dealt with in the CBA.\
In fact, the CBA suggests the exact opposite:
Obviously, we're dealing with an offer sheet and not a trade here. The distinction is that the the player is not an RFA for the new team in the case of the offer sheet. However, if the NHL is going to apply that distinction, they need to apply it consistently and apply it to Colorado. O'Reilly has been signed to an offer sheet by Colorado. According to Daly's interpretation he ceased to be an RFA, and must now pass through waivers.
Daly is the one misinterpreting things here. It's pretty clear. Once again, Daly is no more of an authority on the correct interpretation than any one of us. If Daly is going to keep with his interpretation, he must apply it evenly. O'Reilly needs to pass through waivers. Columbus, Florida, and the Islanders cannot afford to pay his salary next year of 6.5 million. Washington and Buffalo cannot afford to fit it under their cap structure.
If Daly is goign to open his mouth about this, the following needs to be enforced immediately:
1) O'Reilly ceases to be an RFA and is placed on waivers.
2) Calgary the first team in line that can afford O'Reilly's contract claims him, while giving up nothing.
3) Colorado then sues the NHL, finds out Daly's interpretation is totally wrong. They can't go after the Flames, as they are innocent party who merely acquired a player off waivers. They get some kind of recourse against the NHL (money or additional picks). Whatever it's not really a concern to the Flames.
QED
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Just because he ceases to be an RFA under your definition does not mean he ceases to be on Colorado's RFA List that already exists. The CBA specifically says that players on a team's list do not need to pass through waivers to play for that team.
O'Reilly is on Colorado's RFA list because he was an RFA whose rights belonged to Colorado at the time that list was created and filed. The fact that he gets signed by anyone has no impact upon his inclusion on that already existing list. The CBA deals with this clearly, he does not need to pass through waivers to play for Colorado. He does need to pass waivers for anyone else unless Colorado has traded O'Reilly to that team, which is not what happened here.