[News] Bettman upholds 20 game Wideman suspension. NHLPA files appeal to neutral arbitrator

[Burner]

McDonagh done for the night - precautionary by the team...

[Textcritic]

Originally Posted by Igottago

There is one pretty clear video...and another (that most, including the NHL, have chosen to ignore) that makes the same incident look pretty different in tone and intent.

Wideman is being tried by gif...

Why would you think the NHL has chosen to ignore the other video? I expect that it is much more likely the league just does not find it particularly compelling to overturn their opinion.

To be sure, the second video is not especially illuminating.

[dino7c]

NHLPA, player agents, and players themselves furious with Gary for making the player to player text public. What a shock, Gary just goes out of his way to piss off the players again.

[Gaudfather]

Here's a crazy scenario - what if the arbitrator decides to either overturn the NHL decision, or to reduce it to say 5 games or less - yet by the time the decision comes out Wideman has already been sat for 10 or more games? Talk about egg on your face for Bettman et al.

[TheScorpion]

Originally Posted by Gaudfather

Here's a crazy scenario - what if the arbitrator decides to either overturn the NHL decision, or to reduce it to say 5 games or less - yet by the time the decision comes out Wideman has already been sat for 10 or more games? Talk about egg on your face for Bettman et al.

Hey guys, maybe if this drags on out long enough, we'll get to play extra games as a result! Maybe then we'll only miss the playoff by single-digits in points!

[dino7c]

Originally Posted by Gaudfather

Here's a crazy scenario - what if the arbitrator decides to either overturn the NHL decision, or to reduce it to say 5 games or less - yet by the time the decision comes out Wideman has already been sat for 10 or more games? Talk about egg on your face for Bettman et al.

That is exactly the problem...the appeal is useless unless the arbitrator has the flux capacitor. NHLPA negotiated this into the CBA and it was kinda a big deal

[dissentowner]

Originally Posted by Gaudfather

Here's a crazy scenario - what if the arbitrator decides to either overturn the NHL decision, or to reduce it to say 5 games or less - yet by the time the decision comes out Wideman has already been sat for 10 or more games? Talk about egg on your face for Bettman et al.

Or what happens if it swings the other way and the arbitrator hands him 20 more games? Can that happen? I mean if he can reduce it he must be able to add to it as well.

[Weitz]

Originally Posted by dissentowner

Or what happens if it swings the other way and the arbitrator hands him 20 more games? Can that happen? I mean if he can reduce it he must be able to add to it as well.

He certainly can if he views it worse than the league does.

[CliffFletcher]

Originally Posted by sureLoss

Dreger on TSN says that the players and agents are very unhappy that Bettman shared Wideman's text.

Claims that this may strain the relationship between the NHL and PA

Originally Posted by Psytic

I don't get it. Apple can't give access to a terrorist gunman's phone so the FBi can see his messages. But the NHL has access to Dennis Widemans?????

It's perfectly legal within U.S. labour law.

Wideman’s ‘stupid refs and stupid media’ text sends NHL players a lesson - Globe and Mail

Wait, the NHL has a version of subpoena power? It can obtain and reveal private communications?

Yes and no.

According to the collective agreement between the NHL and the NHL Players’ Association, the league falls under the ambit of U.S. labour law.

As a result, arbitration procedures such as an appeal to the commissioner are subject to broad disclosure requirements, and while evidence can’t be compelled via orders – in the way a court can – it’s in the interests of the parties to co-operate and turn over all non-privileged information (including correspondence with lawyers and spouses).

He could have refused, but then a negative inference could be drawn from that refusal,” said Eric Macramalla, a lawyer at Gowlings and frequent TSN contributor...

Strictly speaking, there is nothing new about the procedure in which Wideman – and linesman Don Henderson – handed over their texts and all other “relevant documentation.”

Similar provisions have existed in previous iterations of the labour agreement, and the Wideman case is analogous to what the NFL demanded from New England Patriots quarterback Tom Brady as part of the Deflate-gate probe.

[Geeoff]

Wideman would've been smart to say no

[dustygoon]

If Don Henderson has to quit because of concussion symptoms, Wideman is going to have more than a 20 gamer sans salary to deal with.

[Locke]

I honestly dont care about Wideman's text message.

Unless he was texting it on the bench immediately after smoking Henderson.

Otherwise it was a reference to the insane rigmarole of this entire fiasco and he has every right to be bitter and pissed off.

[FlamesAddiction]

Originally Posted by Locke

I honestly dont care about Wideman's text message.

Unless he was texting it on the bench immediately after smoking Henderson.

Otherwise it was a reference to the insane rigmarole of this entire fiasco and he has every right to be bitter and pissed off.

Yeah, it's just a diversion. It's funny how so many people eat it up and take it to mean something it doesn't.

Wideman thinks that the refs are politicizing the issue with the NHL and called them "stupid", therefore he must have hit the linesman on purpose!

[Poe969]

Originally Posted by dustygoon

If Don Henderson has to quit because of concussion symptoms, Wideman is going to have more than a 20 gamer sans salary to deal with.

I doubt it. If anything Wideman's camp will say that Henderson didn't follow concussion protocol and stayed on the ice when he should have went to the dark room. Continuing to officiate the game instead of resting is what really hurt Henderson.

Oh, that only applies to players. Well maybe Henderson made a random text or has searched something questionable on his phone.

[Igottago]

Originally Posted by Textcritic

Why would you think the NHL has chosen to ignore the other video? I expect that it is much more likely the league just does not find it particularly compelling to overturn their opinion.

To be sure, the second video is not especially illuminating.

In your opinion. Craig Button certainly thought it changed the tone of the incident.

There seem to be plenty of hockey people that think the punishment was way too harsh. Feelings on the matter are hardly unanimous.

You have way to much faith that the NHL does everything it can to judge these situations correctly. We've seen time, and time, and time again, that they do not. To completely dismiss the other angle is completely unreasonable if you are trying to make a proper assessment of the situation.

Also, to add, the NHL leaking this text message is pretty low. Now they are just trying to make Wideman look even worse, despite the fact the message doesn't really indicate anything about his intent on the ice.

I'm losing respect for the league every day in how they've handled this.

[Weitz]

I feel like the recent reports that Henderson is still out with a concussion and back issues and may not return to officiate this season (if ever) may play a big part in the neutral arbitrators decision.

[Ashasx]

Originally Posted by Weitz

I feel like the recent reports that Henderson is still out with a concussion and back issues and may not return to officiate this season (if ever) may play a big part in the neutral arbitrators decision.

Based on my understanding of the rule, it shouldn't.

[rohara66]

Originally Posted by dustygoon

If Don Henderson has to quit because of concussion symptoms, Wideman is going to have more than a 20 gamer sans salary to deal with.

Didn't he finish the game?

And is he actually hurt or is there union pressure for him to remain sidelined?

[dustygoon]

Is wideman at fault/reckless/negligent/careless? And if so are there damages? Seems like a case for civil litigation to me.

As for whether neutral arbitrator cares about injury, how could severity not play into it? Taken to an extreme, if wideman laid that hit but instead bounced off Henderson like in a bad Stampede wrestling match, would we even have gotten this far? Severity of injury inherently plays a part doesn't it?

[Robbob]

Originally Posted by rohara66

Didn't he finish the game?

And is he actually hurt or is there union pressure for him to remain sidelined?

The NHLPA should ask for all emails and texts