[Aarongavey]

Originally Posted by OptimalTates

The CBA says the opposite several times. You can't just say that it's a reasonable interpretation because you think that's how it should be. You're pretty much making up your own rules and then saying that's what it is. But even the LTIR (Bona-Fide Long-Term Injury/Illness Exception) is distinct from the IR. You've said to get on the LTIR you need to be on the IR but, as far as I can tell, that's not supported by anything in the CBA.

Below is section 16.11(b) of the CBA

16.11(b) A Player on whose behalf a Club has exercised the Bona Fide Long Term Injury/Illness Exception shall be placed on Injured Reserve for the period of such Exception, including any period the Player is on a Bona Fide Long Term Injury/Illness Exception Conditioning Loan.

In order to have a Bona Fide long term injury you have to be on the IR. CBA is crystal clear on that, it is in black and white. You are pretty much making up your own rules when you post on this and then saying that is what it is. The Bona Fide Long Term injury is not distinct from the IR, regardless of the number of times that you say it is. In order to be on the IR the player must sign off on the IR form.

Originally Posted by OptimalTates

Since at least Kane the NHL has realized the blindspots in the CBA to game the system. They've had ample time to change it, they have chosen not to. As it stands now, a plain reading of the CBA says that a player deemed unfit to play by the team's doctor (or neutral physician if the NHL deems it necessary) is enough to put a player on the LTIR if the team so chooses. A player put on the LTIR must remain on it for the 24 days/10 game period regardless of health, it's a minimum. But if a player becomes fit to play the team can only active him once they make room. There's nothing that they must, which is why Kane and Kucherov could stay on the LTIR until the playoffs when the team "made room" and why Vegas got around playing musical chairs last year.

Yes, I agree that a player could challenge the CBA but to act like challenging the CBA would be a walk in the park that would be immediately decided is not really based on anything except your own thoughts on how things should be, not what they actually are.

This is just not true. In black and white it is clear in the CBA that in order to have a Bona Fide Long Term injury you must first be on the IR. In order to be on the IR the player has to sign off on it. That is veto one for the player. CBA is silent on how you get off the IR, but any reasonable interpretation of section 50.10 reads that after the player waives their veto over being put on the IR, once they are ready to play (and they say they are ready to play) a team must move forthwith to allow them to play. All your examples did not give a #### whether they played or not because they were getting paid and had a longterm contract. For Monahan he will be getting paid but will not have a contract after this year. Therefore he will have an incentive to get off the IR and start playing again, assuming he is ever put on the IR.