07-20-2016, 10:16 AM
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#521
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I believe in the Jays.
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So long as both parties (The NHL & NHLPA) have the ability to dismiss NDA's I don't see an issue with the dismissal. Although the NHL should realize that by doing so they've basically ensured that every NDA will now be a one and done (if it wasn't before).
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07-20-2016, 10:30 AM
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#522
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#1 Goaltender
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Quote:
Originally Posted by Locke
Resolute has mentioned this before, the league doesnt have a choice.
If they believe that the Arbitrator misinterpreted the CBA then they cant just 'let it go' because his decision becomes legal precedent and effectively alters that same CBA which is pretty much as bad as it gets.
Its not about the PA, its not about Wideman, its about the CBA.
If a third party goes around changing the rules of the CBA then it isnt the same document anymore.
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The arbitrator didn't "change" anything. He made an analysis of the situation, applied his interpretation of the rules in the CBA as they applied to the situation at hand (correctly or incorrectly) and issued a decision. There is no "legal precedent" from this - another arbitrator in a similar situation may choose to rule quite differently. Apparently, the decision also isn't viewed by the NHL as overly binding as the NHL is now seeking to challenge it.
Quote:
Originally Posted by 4X4
That guy was wrong. And now he's been fired for being bad at his job.  |
That guy wasn't "wrong" - the NHL chose to challenge the decision he made because they think he is "wrong". That's a perspective vs an actuality. And there is no comment as to whether he was good or bad - just that they disagreed and decided not to continue with him. (Just an aside: it's not unusual that the guy holding the bag of cash pays for dispute resolution, but I find it quite odd that they also got to name him, and can dismiss him.)
The one statement I agree with above is this: "Its not about the PA, its not about Wideman, its about the CBA." They are setting up a fight for the next CBA negotiation with the PA as to how / when arbitration can be applied and the applicable terms of reference for each case.
An arbitrator who is engaged (and is dismissible) by the league is not likely to be viewed by outsiders as "neutral". Credit to the guy who clearly ignored that bit of manipulation.
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07-20-2016, 10:54 AM
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#523
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Some kinda newsbreaker!
Join Date: May 2004
Location: Learning Phaneufs skating style
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Both the NHL and NHLPA have to agree on a neutral arbitrator before he is hired. Both the NHL and NHLPA have the ability to fire an arbitrator.
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07-20-2016, 11:25 AM
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#524
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In the Sin Bin
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Quote:
Originally Posted by taxbuster
The arbitrator didn't "change" anything. He made an analysis of the situation, applied his interpretation of the rules in the CBA as they applied to the situation at hand (correctly or incorrectly) and issued a decision. There is no "legal precedent" from this - another arbitrator in a similar situation may choose to rule quite differently. Apparently, the decision also isn't viewed by the NHL as overly binding as the NHL is now seeking to challenge it.
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The CBA gives the neutral discipline arbitrator two tasks. The first is to determine if the commissioner had "substantive evidence" to support his decision. It is only if he finds the commissioner does not have substantive evidence that he can apply his own punishment.
The NHL is arguing that he didn't consider the first question at all - which invalidates his later judgment. Oldham had an obligation under the CBA to first decide if Bettman had that evidence. Instead, he simply ignored Bettman's decision and re-litigated. This, according to the NHL, exceeded his mandate.
Quote:
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An arbitrator who is engaged (and is dismissible) by the league is not likely to be viewed by outsiders as "neutral". Credit to the guy who clearly ignored that bit of manipulation.
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The arbitrators are dismissable by either side, and therefore are "manipulated" by both sides. Your credit is horribly misplaced.
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07-20-2016, 03:20 PM
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#525
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Powerplay Quarterback
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So what happens to Wideman now that the NHL has dismissed Oldham? Is there another hearing to determine Wideman's appeal? Does Wideman have to give back the $ and sit the last of his 20 games?
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07-20-2016, 04:16 PM
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#526
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Powerplay Quarterback
Join Date: Mar 2016
Location: Calgary
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I'm betting bettman never gave Dennis his money back to begin with because there were planning doing this .hell Gary ammitted that he purposely delayed everything to screw wideman and the PA. Wich is BS .and bush league. Well I guess he wants wideman to serve the final game.
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07-20-2016, 04:19 PM
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#527
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Some kinda newsbreaker!
Join Date: May 2004
Location: Learning Phaneufs skating style
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Quote:
Originally Posted by Flaming Choy
So what happens to Wideman now that the NHL has dismissed Oldham? Is there another hearing to determine Wideman's appeal? Does Wideman have to give back the $ and sit the last of his 20 games?
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The NHL has already filed a lawsuit against the NHLPA to overturn Oldham's ruling.
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07-20-2016, 04:21 PM
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#528
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Franchise Player
Join Date: Mar 2007
Location: Income Tax Central
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Quote:
Originally Posted by sureLoss
The NHL has already filed a lawsuit against the NHLPA to overturn Oldham's ruling.
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Pfft! 
Who hasnt filed a lawsuit against Oldham?
__________________
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07-20-2016, 04:24 PM
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#529
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In the Sin Bin
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Quote:
Originally Posted by Krynn
I'm betting bettman never gave Dennis his money back to begin with because there were planning doing this .hell Gary ammitted that he purposely delayed everything to screw wideman and the PA. Wich is BS .and bush league. Well I guess he wants wideman to serve the final game.
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07-30-2016, 02:58 PM
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#530
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Franchise Player
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Henderson has undergone neck surgery.
http://nhl.nbcsports.com/2016/07/30/...r-may-be-over/
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Don Henderson, the NHL linesman knocked to the ice by Calgary Flames defenseman Dennis Wideman, has undergone neck surgery to repair damage from the hit and there are fears his career may now be over, according to a report in the Boston Globe.
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NBC unsurprisingly made an error though, the neck surgery had nothing to do with the hit from Wideman but was instead the fault of the stupid refs and stupid media.
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07-30-2016, 04:20 PM
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#531
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Franchise Player
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Didn't Henderson finish the game too? Maybe the NHL should deal with their pathetic protocols instead of trying to upstage Goodell for pathetic persistence deflategate style.
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07-30-2016, 04:46 PM
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#532
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First Line Centre
Join Date: Jul 2013
Location: Saving the world one gif at a time
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Why won't this story go away?!
__________________
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07-30-2016, 05:34 PM
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#533
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Lifetime Suspension
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Because time and time again it exposes the corruption of the NHL and their apathy towards head injuries.
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07-30-2016, 05:46 PM
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#534
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In the Sin Bin
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Quote:
Originally Posted by Wolfman
Why won't this story go away?!
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Because the legal system works slowly.
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07-30-2016, 06:10 PM
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#535
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Franchise Player
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Quote:
Originally Posted by Wolfman
Why won't this story go away?!
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Lol. Athlete breaking official's neck is a pretty big deal.
Wideman is scum, his career should be tainted by this and the story shouldn't go away. Not when Henderson just had to undergo surgery recently.
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07-30-2016, 06:29 PM
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#536
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Franchise Player
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Wideman is scum? Wow bud. Too much.
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07-30-2016, 06:35 PM
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#537
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Scoring Winger
Join Date: Jun 2010
Location: Calgary
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Quote:
Originally Posted by Oling_Roachinen
Lol. Athlete breaking official's neck is a pretty big deal.
Wideman is scum, his career should be tainted by this and the story shouldn't go away. Not when Henderson just had to undergo surgery recently.
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This is an exaggeration, the hit didn't break Henderson's neck, he finished reffing the game.
It appears that the hit caused some disc herniation that required surgery, but its hardly the same thing as a broken vertebrae.
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07-30-2016, 06:49 PM
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#538
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Franchise Player
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Quote:
Originally Posted by CroFlames
Wideman is scum? Wow bud. Too much.
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He's scum, and that's not going nearly far enough.
The incident itself was pretty 'meh'. The aftermath was a disgrace. Blaming it on the refs and media, his fifteen minute conversation a week later to get his concussion diagnosis so he can defend his actions...I'm ashamed he's a Calgary Flames player, and I reluctantly cheered for Bertuzzi.
Quote:
Originally Posted by Wiggum_PI
This is an exaggeration, the hit didn't break Henderson's neck, he finished reffing the game.
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It is an exaggeration, just like Wideman's concussion symptoms....
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07-30-2016, 07:19 PM
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#539
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First round-bust
Join Date: Feb 2015
Location: speculating about AHL players
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That's a gross exaggeration.
People make mistakes. Wideman made a big mistake, yes, but he was likely concussed and he's apologized for his actions. The same went for Bertuzzi. I like both players, and we gave Bertuzzi a chance after his mistake. He thrived, so why can't Dennis? He isn't scum.
__________________
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07-30-2016, 07:30 PM
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#540
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Scoring Winger
Join Date: Jun 2010
Location: Calgary
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Quote:
Originally Posted by Oling_Roachinen
It is an exaggeration, just like Wideman's concussion symptoms....
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What are you talking about? The NHL even admitted that the Salomaki hit on Wideman caused a concussion.
The team physician Ian Auld preformed the concussion protocol on Wideman after the game, and it was positive.
You're making things up about the incident, because of blind hatred for Wideman.
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