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Originally Posted by MarkGio
Yes, but it doesn't face the same scrutiny as Bettman's decision. Bettman had to consider how the league handles the concussion portion. The league also had to consider the ref union and their upcoming CBA. The arbitrator just has to consider similar incidents and how those incidents were dealt with in order to find a fair and similar consequence.
Based on Muzzin and Weber incidents, it wouldn't surprise me if Wideman is ruled to have no games suspended. The problem is that the league'a disciplinary rulings are so inconsistent as to who gets punished and they come with varying degrees of punishments. This is a cake walk for the arbitrator when looking at similar events.
For example, the next guy who uses throat killing gestures on the ice should appeal because Kadri just got slapped with a fine. In Wideman's case, at least two identical situations went unpunished. The arbitrator looks more at this, not "legal consequences" as it affects concussions. The arbitrator is in no position to be legally vulnerable if players are getting concussed? It's not his league?
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Not difficult to distinguish your "identical situations." Bettman was quite clear in doing so. Most objective observers see a clear distinction notwithstanding some strong opinions here and Burke's bluster.