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Originally Posted by Resolute 14
One has to think that had the NFL failed in its appeal re: Brady, the NHL would not have taken this action. Also, one must think the NHLOA is still quite pissed, which also plays into the NHL's decision.
Objectively though, I'm not sure they are wrong to do this. The arbitrator certainly seemed to apply his own opinion of what the rule should have meant, and that is not his job. Putting all else aside, I am not certain the league can sit by and allow a third party to reinterpret its rules.
It just sucks that Wideman is still caught in the middle of all this.
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The NDA has the right to provide his own interpretation if he determines that the Commissioner's decision was not supported by substantial evidence.
Looks like that's what happened in this case. And as other people have mentioned, the NDA's ruling is binding and not subject to review.
From the CBA section 18.3
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(c) The NDA shall hold an in-person hearing and shall determine whether the final
decision of the League regarding whether the Player's conduct violated the League Playing Rules
and whether the length of the suspension imposed were supported by substantial evidence. The
NDA shall issue an opinion and award as soon as practicable. The NDA shall have the authority
to consider any evidence relating to the incident even if such evidence was not available at the
time of the initial Supplementary Discipline for On-Ice Conduct decision or at the time of the
Commissioner's decision in connection with the appeal. The NDA shall have full remedial
authority in respect of the matter should he/she determine that the Commissioner's decision was
not supported by substantial evidence. The NDA's decision shall be final and binding in all
respects and not subject to review.
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