The refs are whining about the wrong party.
They should be whining at the NHL instead of the neutral third party arbitrator. Both Campbell/Bettman and Oldham used the rule book as the basis of their determination with the league effectively stating that 40.2 should apply but the arbitrator instead deeming that the violation was more properly covered under 40.3. What they should be agitating against is Rule 40.3 not the arbitrators finding that it applied. The arbitrator doesn't make the rules he merely adjudicates disputes within them.
Don't like the rules refs? Go bitch at the people who make them.
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