Quote:
Originally Posted by morgin
We'll never know now that sports media (which in this case is really just a bunch of legally unqualified people who know about sports trying to cover complicated concepts like contract law) has run with this story. However, the more I think about this, the more I think there was literally almost zero gamble. All Players on a Club's Reserve List and Restricted Free Agent List will be exempt from the application of CBA 13.23 Waivers in the case of a mid-season signing. For further clarity, if Club A trades such a Player to Club B and Club B signs the Player to an SPC, such Player will be exempt from the application of CBA 13.23.
It seems absurd to read this exemption and deduce that it was meant to not include offer sheet signings. In fact, I would think that if they wanted to do so, they would probably need to have a statement saying "for further clarity, this exemption shall not apply in the case of a Player on a Club's Restricted Free Agent List signing an offer sheet with another Club." or something of that nature.
The whole idea was to permit certain overseas players (in this case, a RFA) to get back into the NHL when the prior CBA would have required them to go through waivers. It makes zero sense that they would be eligible for the exemption if it is their current team signing them or a rights trade, but not an offer sheet. Why would the whole offer sheet regime be ignored? I would think you'd actually need to specifically exclude it if that was the intention.
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I'd agree if it was just a bunch of media and message board people spitballing, but the NHL has gone on the record that there's a distinction based on how they interpret the CBA that was just agreed to a couple of months ago.