[News] Arbitrator reduces Wideman suspension to 10 games from 20

[Aegypticus]

First the text message being released and now this slimy comment... really, what does it accomplish besides pissing people off? I thought he was smarter than that.

Maybe he's hitting that age where inhibitions are naturally diminished. He's shown some pretty poor judgement lately.

[Locke]

Originally Posted by Aegypticus

First the text message being released and now this slimy comment... really, what does it accomplish besides pissing people off? I thought he was smarter than that.

Maybe he's hitting that age where inhibitions are naturally diminished. He's shown some pretty poor judgement lately.

I have to agree. This whole fiasco has seemed very out of character for Bettman.

[FlamesAddiction]

Originally Posted by Aegypticus

First the text message being released and now this slimy comment... really, what does it accomplish besides pissing people off? I thought he was smarter than that.

Maybe he's hitting that age where inhibitions are naturally diminished. He's shown some pretty poor judgement lately.

I just think he's like a politician. If you keep them around long enough and give them too much rope, they all eventually let it go to their heads. I think he has done a fairly good job with the NHL in general, but he has always been a little bit on the smarmy side, especially when confronted with tough questions or criticism.

[Resolute 14]

Originally Posted by Aegypticus

First the text message being released and now this slimy comment... really, what does it accomplish besides pissing people off? I thought he was smarter than that.

Maybe he's hitting that age where inhibitions are naturally diminished. He's shown some pretty poor judgement lately.

The text message was a lawyer being a lawyer. He included the evidence in his decision. If he had said he used text messages in forming his decision without releasing the contents, people would have just accused him of making it up.

But dumb comment is dumb. I'm sure the Flames will have private words with Bettman about it - but nothing is going to come out publicly, even if Eric Francis tries trolling Burke about it.

[Vulcan]

Originally Posted by Resolute 14

Childish comment or not, don't kid yourself that the Flames owners are very happy he got an extension. The value of their brand, and the NHL as a whole, has risen dramatically under him.

But yeah, a little more tact is good, Gary.

In comparison to the other pro leagues?

[puffnstuff]

I'm going to reiterate my comment from earlier in this thread. Would love to have seen his face when he got the news the arbitrator halved the suspension...and add that I would want audio too.

[powderjunkie]

Originally Posted by Resolute 14

The text message was a lawyer being a lawyer. He included the evidence in his decision. If he had said he used text messages in forming his decision without releasing the contents, people would have just accused him of making it up.

The text message was stupid and didn't add any credibility to Bettman's argument. His role was to evaluate if the decision was based on clear and convincing evidence, and he used a text that was neither clear nor convincing as evidence himself.

I agree with the second part of your post, though, I'm sure Burke has made his thoughts known to Bettman, and others at the league office.

[sureLoss]

Originally Posted by puffnstuff

I'm going to reiterate my comment from earlier in this thread. Would love to have seen his face when he got the news the arbitrator halved the suspension...and add that I would want audio too.

Meh. From his interview today you can safely assume he doesn't really care. He pretty much got what he wanted in the end. Wideman sat out for 19 games.

The rest is likely posturing to show the NHLOA the league is supporting them.

[puffnstuff]

I see Bettman as that guy that feels he is never wrong. As the guy in charge, he hasnt had anyone tell him he is wrong and gotten it to stick. When he smarmed it up at the end of that presser, with the 'well he served 19' is him basically saying 'oh yeah, i was right' no matter that the arb halved it. I think he was seriously pissed off. It most likely posturing now, but when he first got the news...

[Roof-Daddy]

Originally Posted by sureLoss

Meh. From his interview today you can safely assume he doesn't really care. He pretty much got what he wanted in the end. Wideman sat out for 19 games.

The rest is likely posturing to show the NHLOA the league is supporting them.

Yeah but in the end he got paid for 9 of those and all it boiled down to is that the Flames got ****ed.

But oh well right? I mean the Flames, along along with every other team in the Pacific already got ****ed when they let the Kings off the hook for that boat anchor of a contract Mike Richards had.

This league is pure garbage. I sure wish I didn't like following the Flames and hockey as much as I do.

[Fire of the Phoenix]

LOL, someone needs to put Bettman's on this picture:

[MissTeeks]

Let it go!

Darren Heitner
Darren Heitner – Verified account ‏@DarrenHeitner

NHL has sued NHLPA to vacate a reduced 10 day suspension of Dennis Wideman

https://www.documentcloud.org/docume...form=hootsuite

[Ashasx]

The league continues to look like fools in this one.

Absolutely embarrassing.

[AC]

Oh phew, I was worried the whole situation was behind us finally.

[Ashasx]

The important parts:

5. As set forth more fully below, the Award must be vacated because the NDA [Neutral Discipline Arbitrator] exceeded his authority under the CBA and applied his own brand of industrial justice by disregarding the standard of review set forth in the CBA. The NDA conducted a de novo review of Mr. Wideman's 8 suspension whereas the CBA provides explicitly that the review is limited to determining whether the Commissioner's decision on Supplementary Discipline is supported by substantial evidence.

6. The 'substantial evidence' standard of review in the CBA signifcantly limits the authority and requires considerable deference to the Commissioner's decision such that the NDA should not have disturbed the decision unless he found that a reasonable person could not have possibly agreed with it. The NDA did not apply the CBA mandated standard of review. Rather, the NDA exceeded his authority by substituting his 'own version' of what occurred on the ice for that of the Commissioner. At bottom, the NDA overturned the Commissioner's Order because his opinion differed from that of the Commissioner, not because the Commissioner's Order was not supported by substantial evidence.

The blow, which was described in the victim's testimony as feeling as though he had 'got[ten] hit by a bus,' sent Mr. Henderson crashing face forward onto the ice.

[StrykerSteve]

Simply ridiculous.

[Fire of the Phoenix]

What is the league trying to accomplish here? What is their end game?

[Resolute 14]

One has to think that had the NFL failed in its appeal re: Brady, the NHL would not have taken this action. Also, one must think the NHLOA is still quite pissed, which also plays into the NHL's decision.

Objectively though, I'm not sure they are wrong to do this. The arbitrator certainly seemed to apply his own opinion of what the rule should have meant, and that is not his job. Putting all else aside, I am not certain the league can sit by and allow a third party to reinterpret its rules.

It just sucks that Wideman is still caught in the middle of all this.

[Frank MetaMusil]

Originally Posted by Fire of the Phoenix

What is the league trying to accomplish here? What is their end game?

Bettman can't handle being wrong. Wideman still served 19 games anyway. This is all about ego.

[FlamesAddiction]

I don't think the NDA disagreed with the facts or applied his own interpretation of the rule, but he disagreed that you could prove intent and I think any reasonable person would admit that intent to injure wasn't a fact, but an opinion of the NHL. It's almost impossible to prove as a fact. The NHL tried with their text messages, but that was a really weak argument.

Here is what the arbitrator said:

The Commissioner’s basic conclusion — that Wideman’s on-ice behavior resulting in Linesman Henderson’s concussion constituted physical abuse of an official calling for Supplemental Discipline for on-ice conduct — was correct. Also, the Commissioner’s use of League Rule 40 (“Physical Abuse of Officials”) as a framework for analysis was appropriate.

The Commissioner’s conclusion, however, that Wideman’s behavior constituted intentional action within the meaning of Rule 40.2, automatically triggering a penalty of not less than twenty games, is not endorsed in this appeal because, in my opinion, that conclusion is not substantially supported by the totality of the evidence presented to me at the NDA hearing.

It's not that the NDA made his own interpretation of the rule. He interpreted the rule as written, but had a different opinion on the conclusion that the hit was intentional (or that the evidence was conclusive in that respect).