NHL sues NHLPA to vacate Wideman suspension

[Weitz]

Originally Posted by IgiTang

I'm confused then.. the language in the article states that after a NDA's decision, it is final and it clearly states that the decision is not allowed to be reviewed, period.

So am I reading it wrong or is the CBA and it's contents, simply a guideline rather than the be all end all?

If one side can side step the actual CBA in this case, would that leave the CBA as a whole more vulnerable to dispute?

They are arguing the NDA overstepped their power.

Which can absolutely be reviewed.

[Five-hole]

There is a right to judicial review of any decision. Period. This cannot be waived or excluded. Where there is a finality clause, that can lead to more deference being awarded to the previous decision, so it will be harder to overturn.

[bubbsy]

I think this is the Reffing union calling for more blood. NHL simply appeasing them likely also knowing that this shouldn't really go anywhere...

[Resolute 14]

Originally Posted by bubbsy

I think this is the Reffing union calling for more blood. NHL simply appeasing them likely also knowing that this shouldn't really go anywhere...

Personally, I disagree. I think the arbitartor overstepped his bounds. So does the league. We'll see what the courts say, however.

The interesting thing is that, if the league's claim is upheld, all it does is vacate the decision. I would imagine that would bring us back to a point where Wideman and the union would have to either appeal that decision to an appeals court, or request a re-hearing with another arbitrator.

[SofaProfessor]

This just makes the suspension appeal process even more of a joke than it was before. You've set out a process but because you didn't like the outcome you're now adding a 4th step to the process which is a lawsuit.

I understand that this is their legal right to do so, I'm not arguing that. Why even have the whole process to begin with if the NHL is just going to be pissy when it doesn't get its way and take it to a judge? Just send every review to a judge from the beginning. I know that's a ridiculous suggestion but that's basically what you're now turning the process into if a player should ever come out on top.

[OutOfTheCube]

So, in essence, they are appealing the decision based on an appeal of a rejected appeal.

The legal system...

[Resolute 14]

Originally Posted by IgiTang

I'm confused then.. the language in the article states that after a NDA's decision, it is final and it clearly states that the decision is not allowed to be reviewed, period.

So am I reading it wrong or is the CBA and it's contents, simply a guideline rather than the be all end all?

If one side can side step the actual CBA in this case, would that leave the CBA as a whole more vulnerable to dispute?

The arbitrator is bound to act within the confines of the CBA. The league is arguing that he acted outside of those boundaries, and are therefore asking that his decision be set aside. The NHL isn't trying to side-step the CBA, it is claiming the arbitrator side-stepped it. The NHLPA has the same legal right to a judicial review if it were to feel an arbitrator similarly erred in such a case.

[1qqaaz]

I think the incompetence of the NHL in doing this now is more of a story than the lawsuit itself.

[Benched]

Originally Posted by Resolute 14

Personally, I disagree. I think the arbitartor overstepped his bounds.

How so?


EDIT: NM saw the other thread

[Locke]

Can we trade Wideman to the NHL front office? Deputy Commissioner perhaps?

Maybe some NHL execs will get crosschecked in the hallway while getting coffee.

[Cleveland Steam Whistle]

Originally Posted by Gaudfather

Bettman is looking more and more pathetic, the more he drags this out!

Why? This has nothing to do with Wideman, it has to do with the NHL trying to gain more control over making their suspensions stick. Given how the NHLPA operates and instantly defends the perpetrator in any situation (and most are player on player, not player on official), that's probably a good thing.

The NHL has a lot to improve on in regards to dicipline consistency and ensuring player safety. No doubt one of the biggest barriers to creating a safer environment for their players, ironically, is the NHLPA. If they feel they need to pick a fight to set them up for more success in the future, that's a good thing IMO.

[Cyclops]

Originally Posted by Resolute 14

As I noted in the other thread, takes like this are, frankly, stupid and only detract from intelligent discussion. The NHL pays some very high priced, highly respected lawyers to represent them. There is no chance they would consent to begin legal action on the basis of Bettman's ego, the "old boys club" or any other such nonsense. If the league and their legal team are going forward with this, it is because they have a legitimate legal issue they feel requires adjudication. This is about business and legalities. What people want as fans is irrelevant. And, as I also noted in the other thread, I think the NHL presents good arguments that the arbitrator overstepped his bounds - that is something the league cannot idly allow without challenge.

And it's also a waste of money.

[Parallex]

Just out of curiosity what's the expected timeline on this (When the court will hear arguments & render a decision)?

[Locke]

Originally Posted by Parallex

Just out of curiosity what's the expected timeline on this (When the court will hear arguments & render a decision)?

Well lets see....last time it took, what a few months? So maybe sometime in 2017.

[Erick Estrada]

Doesn't affect the Flames in any way so who cares? Really a non-issue for fans so I don't know why fans get caught up in it as this is simply a league vs union dispute. Deflategate is still going strong in the NFL as this kind of stuff is par for the course in professional sports.

[IgiTang]

Thanks for providing a bit of clarity. I am also curious to know how the arbitrator went out of bounds as he was an independent 3rd party who simply heard both parties arguments and then provided a opinion.

[btimbit]

My take on this is its like the Tom Brady thing. They dont care about any alleged actions at this point, they're just after the legal right to be able to suspend their employee

[Resolute 14]

Originally Posted by IgiTang

Thanks for providing a bit of clarity. I am also curious to know how the arbitrator went out of bounds as he was an independent 3rd party who simply heard both parties arguments and then provided a opinion.

The NHL's argument is that the NDA exercised his own de novo review of the case - basically that he re-tried the case and ignored Bettman's previous ruling - when his authority under the CBA was to determine if the commissioner's ruling was supported by "substantive evidence". His "full remedial authority" is justified only if he finds that the commissioner did not have substantive evidence to justify his decision. The league claims the arbitrator made no effort to answer that question, and instead simply substituted his own opinion in place, in contravention of the CBA.

[dino7c]

Originally Posted by Erick Estrada

Doesn't affect the Flames in any way so who cares? Really a non-issue for fans so I don't know why fans get caught up in it as this is simply a league vs union dispute. Deflategate is still going strong in the NFL as this kind of stuff is par for the course in professional sports.

it affects us when there is no nhl hockey AGAIN in a few years

[Coach]

Originally Posted by Locke

Can we trade Wideman to the NHL front office? Deputy Commissioner perhaps?

Maybe some NHL execs will get crosschecked in the hallway while getting coffee.

Dennis Wideman: Office Cross-Checker