[OptimalTates]

Originally Posted by Aarongavey

Below is section 16.11(b) of the CBA



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. .

Reread what it says. It's the opposite. In going on LTIR they are placed on IR.

The CBA is clear that once on LTIR a player can only be removed once the team makes room. There is no use of "immediately." In fact they are crystal clear that a player is to remain on LTIR if the team does not have room. It didn't contemplate using LTIR as a way to Robida Island players but the teams began doing so and they've yet to act on it. You're also using the word veto where there is none in the CBA. A signature is not a veto. An injured player not signing the document would be going against the CBA, not granting him permission to avoid the CBA's rules.

Any determination that a Player is eligible to be placed on the Injured Reserve
List, or designated as Injured Non-Roster, shall be made by the Club's physician in accordance
with the Club's medical standards and documented by a verification signed by the Club physician
and countersigned by a Club executive in the forms attached to this Agreement as Exhibit 28
(which shall also be signed by the Player) and 28-A, respectively. Such forms must be received
by Central Registry and sent to the NHLPA and the Player, all in accordance with Exhibit 3,
prior to the Player being added to the Injured Reserve List or designated as Injured Non-Roster,
as applicable.

But none of that matters because Monahan is on the injury reserve.

The Injured Reserve List is a category of the Reserve List. A Club may place a
Player on the Injured Reserve List only if such Player is reasonably expected to be injured, ill or
disabled and unable to perform his duties as a hockey Player for a minimum of seven (7) days
from the onset of such injury, illness or disability. A Player who finishes an NHL Season on the
Injured Reserve List and continues to be disabled and unable to perform his duties as a hockey
Player by reason of the same injury at the time he reports to the Club's Training Camp in the next
League Year, will again be eligible to be placed on the Club's Injured Reserve List. For any
other Player who fails the Club's initial physical examination in any League Year, or is injured,
ill or disabled while not on the Club's Active Roster, he shall not be eligible for, and may not be
placed on, Injured Reserve, but instead shall be eligible to be, and may be designated as, Injured
Non-Roster.

You've made a bunch of interpretations that go against the CBA. I agree that a grievance would likely result in the player's favour but you can't just say it would.

So with respect to Monahan, unless he is cleared by the physician, he is eligible to be placed on the IR by the team because he was injured at the end of last season. That's the Flames choice.

If he is expected to miss 10 games, he can be placed on LTIR. That's the Flames choice.

Once he is able to come back (if 10 games has passed), the only way to activate him is to make room. Otherwise the player cannot be activated. There has yet to be a determination made if the player is healthy and wants to play what happens if the team refuses to make room. The only thing the CBA says is the player is to remain on LTIR, nothing else. Everything else is speculation.