06-09-2016, 11:09 AM
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#481
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First Line Centre
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Quote:
Originally Posted by Resolute 14
^ In terms of timing, the arbitrator handed down his decision on March 11. Which means the league filed this 89 days later. My guess is they had a 90-day/three month window in which to take this action.
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That's what I thought as well. Thanks for checking.
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06-09-2016, 11:11 AM
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#482
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Franchise Player
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regardless of wehter or not the NHL can do this - I think the optics of them pursuing this are not good and likely really annoy the players; however, I am assuming it makes the officials happy
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If I do not come back avenge my death
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06-09-2016, 11:12 AM
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#483
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Franchise Player
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Quote:
Originally Posted by Parallex
There's nothing legally wrong, I agree. Having said that it doesn't look to me like the NHL is in the right ethically speaking.
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So if the NDA operated outside his powers, which it appears he did, they should just grin and bear it?
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06-09-2016, 11:28 AM
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#484
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Franchise Player
Join Date: Oct 2001
Location: Vancouver
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I think issue is the ambiguity of the rules themselves and the way "deliberate" is defined. Going by the term literally, no one ever accidentally skates or does anything. In that sense, sure the actions were deliberate (ie. He was not bumped into the linesman).
But rule 40.3 says that a deliberate action without intent to injure should be 10 games.
It's written in a way that either side could be correct.
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06-09-2016, 11:35 AM
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#485
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Franchise Player
Join Date: Aug 2007
Location: Vancouver
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Isn't the whole point of the independent arbitrator to have them interpret the rules as they see fit and apply them to the case? Now they're claiming that the arbitrator can't apply their own interpretation of the rule?
Am I missing something here?
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06-09-2016, 11:58 AM
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#486
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In the Sin Bin
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Quote:
Originally Posted by Parallex
There's nothing legally wrong, I agree. Having said that it doesn't look to me like the NHL is in the right ethically speaking.
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"Ethically speaking"? What on earth is that supposed to mean?
Is the league supposed to just stand aside when it feels the arbitrator acted in contravention to his powers in the CBA because fans simply want it to be done and over with?
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06-09-2016, 12:01 PM
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#487
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Lifetime Suspension
Join Date: Jul 2015
Location: Hmmmmmmm
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So it's still possible Wideman can be suspended for longer? *fingers crossed*.
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06-09-2016, 12:07 PM
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#488
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I believe in the Jays.
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Quote:
Originally Posted by Resolute 14
"Ethically speaking"? What on earth is that supposed to mean?
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It means that that the league agreed to the binding finality clause in the agreement and they are now doing an end run around it. I think it's ethically questionable to be so dodgey about an agreement you signed.
Frankly, I think claiming "Is the league supposed to just stand aside when it feels the arbitrator acted in contravention to his powers in the CBA" is silly. I don't think for a second that if the arbitrator used similar language in a ruling that went the other way that they'd (the NHL) be standing up and asking the court to void it claiming that they need to maintain the integrity of the CBA or other such nonsense. They're doing this because they lost and only because they lost.
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06-09-2016, 12:09 PM
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#489
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Franchise Player
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Quote:
Originally Posted by Parallex
It means that that the league agreed to the binding finality clause in the agreement and they are now doing an end run around it. I think it's ethically questionable to be so dodgey about an agreement you signed.
Frankly, I think claiming "Is the league supposed to just stand aside when it feels the arbitrator acted in contravention to his powers in the CBA" is silly. I don't think for a second that if the arbitrator used similar language in a ruling that went the other way that they'd (the NHL) be standing up and asking the court to void it claiming that they need to maintain the integrity of the CBA or other such nonsense. They're doing this because they lost and only because they lost.
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Your right they wouldn't be. But the NHLPA sure would be.
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06-09-2016, 12:19 PM
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#490
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I believe in the Jays.
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Quote:
Originally Posted by Weitz
Your right they wouldn't be. But the NHLPA sure would be.
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Maybe. But I find it less likely considering that...
A: This is the first time that an appeal went to the independent arbitrator, so we have zero evidence that they would. and,
B: They didn't appeal this time. Remember the NHLPA's position was "no suspension" they didn't get what they wanted either but they still accepted the findings.
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06-09-2016, 12:21 PM
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#491
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Franchise Player
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You don't think the NHLPA would take exception if a NDA went outside his powers and awarded in favour of the NHL? Its precedent setting that they wouldn't want. And the NHL doesn't want it in this case.
Sure they didn't get no suspension but they still won essentially.
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06-09-2016, 12:25 PM
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#492
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Franchise Player
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It's the cup finals and Crosby, the biggest star in this era could be hoisting it tonight...lets get the Wideman incident back in the headlines
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06-09-2016, 12:29 PM
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#493
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Franchise Player
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Quote:
Originally Posted by Weitz
You don't think the NHLPA would take exception if a NDA went outside his powers and awarded in favour of the NHL? Its precedent setting that they wouldn't want. And the NHL doesn't want it in this case.
Sure they didn't get no suspension but they still won essentially.
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He served 19 games of a 20 game suspension...get the #### over it, its the finals FFS
Wideman and the players should be the ones pissed off here considering the guy had to serve 9 extra games. They let it go for the good of public relations and to move on
Can't wait to hear his ass booed out of the arena today in the yearly tradition
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06-09-2016, 02:20 PM
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#494
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In the Sin Bin
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Quote:
Originally Posted by dino7c
It's the cup finals and Crosby, the biggest star in this era could be hoisting it tonight...lets get the Wideman incident back in the headlines
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The law gives you time limits to file these things. I can't say for sure what the limit here was, but the fact that the league filed 89 days after the decision suggests the NHL had only three months to launch this appeal.
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07-19-2016, 05:12 PM
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#495
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Franchise Player
Join Date: Jun 2011
Location: Austria, NOT Australia
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Liz Mullen @SBJLizMullen
The NHL has dismissed James Oldham, the neutral arbitrator who reduced Dennis Wideman's suspension from 20 to 10 games. More in SBD.
I guess that's what happens if you don't rule in the league's favor 
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07-19-2016, 05:13 PM
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#496
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First Line Centre
Join Date: Feb 2015
Location: CGY
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News UpdateLiz Mullen @SBJLizMullen
The NHL has dismissed James Oldham, the neutral arbitrator who reduced Dennis Wideman's suspension from 20 to 10 games. More in SBD.
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Sam "Beard" Bennett
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07-19-2016, 05:14 PM
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#497
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In the Sin Bin
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Quote:
Originally Posted by devo22
Liz Mullen @SBJLizMullen
The NHL has dismissed James Oldham, the neutral arbitrator who reduced Dennis Wideman's suspension from 20 to 10 games. More in SBD.
I guess that's what happens if you don't rule in the league's favor |
Well, yeah. If the league felt he blatantly ignored the CBA, they sure as hell aren't going to want him back. The NHLPA would do the exact same thing if they felt an arbitrator ignored the CBA to the league's favour.
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07-19-2016, 05:25 PM
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#498
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Some kinda newsbreaker!
Join Date: May 2004
Location: Learning Phaneufs skating style
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That is standard operating procedure in the NHL. The side that loses an arbitration case will dismiss the arbitrator.
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07-19-2016, 05:28 PM
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#499
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Franchise Player
Join Date: Mar 2007
Location: Income Tax Central
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Quote:
Originally Posted by sureLoss
That is standard operating procedure in the NHL. The side that loses an arbitration case will dismiss the arbitrator.
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Thats pretty messed up.
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07-19-2016, 05:30 PM
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#500
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Franchise Player
Join Date: Jun 2011
Location: Austria, NOT Australia
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Quote:
Originally Posted by sureLoss
That is standard operating procedure in the NHL. The side that loses an arbitration case will dismiss the arbitrator.
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so for arbitrators it's one and done either way? Wow.
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