[Sidney Crosby's Hat]

Originally Posted by powderjunkie

Where do you see the bolded? They revised 16.5, but nothing else in the scheduling section, including the key phrase below:

16.3 ..."the final
decision making authority shall remain with the League."

I think I'm wrong, though not for the reasons of 16.3.

If you look at all of 16.3, it reads:

16.3 Length of Season, Balance and Consistency.

(a) Without the NHLPA's advance written consent, the Regular Season will be scheduled over a period of not less than 184 days.

(b) Each Club will play at least one (1) NHL Game during the first three (3) days of the Regular Season and at least one (1) NHL Game during the last three (3) days of the Regular Season.

(c) In preparing each Club's Regular Season schedule, the League will use reasonable efforts to ensure balance and consistency in terms of the number of Games scheduled for each
Club on a week-to-week and month-to-month basis.

(d) Prior to finalizing the Regular Season schedule, the League shall provide the NHLPA with a draft schedule. The NHLPA shall be given an opportunity to comment on the schedule. This opportunity for the NHLPA to comment shall be provided at a point when the NHL has the ability to adjust the schedule based on the NHLPA's comments and shall include a meeting at the NHL's offices with the Vice President, Scheduling, Research & Operations (or his equivalent) responsible for assembling the schedule and a League attorney. The League will give good faith consideration to specific scheduling requests made by the NHLPA and will provide an explanation if any of the NHLPA's requests will not be accommodated; however, the final decision making authority shall remain with the League

So the final decision-making authority with the NHL is with the actual game schedule but 16.3(a) states that the season cannot be less than 184 days without NHLPA's advance written consent.

Then in section 3 of the MOU, it states:

In connection with this agreement, (ii) For the 2020-21 League Year, the NHL agrees to waive any potential applicability of Paragraph 17(c) in connection with the COVID-19 pandemic on a non-precedential and without prejudice basis for future League Years

If you look at the Standard Players Contract, paragraph 17, it reads:

17. If because of any condition arising from a state of war or other cause beyond the control of the League or of the Club, it shall be deemed advisable by the League or the Club to suspend or cease or reduce operations, then:

(a) in the event of suspension of operations, the Player shall be entitled only to the proportion of Paragraph 1 Salary due at the date of suspension,

(b) in the event of cessation of operations, the Paragraph 1 Salary shall be automatically canceled on the date of cessation, and

(c) in the event of reduction of operations, the Paragraph 1 Salary shall be replaced by that mutually agreed upon between the Club and the Player, or, in the absence of mutual agreement, by that determined by neutral arbitration

So the owners gave back 17 (c) for the remainder of 19-20 and for 20-21 but the owners could still axe the season by invoking 17 (a).