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Old 05-31-2021, 01:15 PM   #81
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Originally Posted by CorsiHockeyLeague View Post
I don't think there should be, actually. I don't think you want to use the prospect of lost money alone to disincentivize third party oversight of a process that would otherwise be a unilateral exercise of league discretion, particularly when the league in question is so bad at it. That would either just disproportionately affect players who don't make as much (if the player bears the cost), or more likely, shift money out of the pockets of the NHLPA and into the pockets of the NHL.

I think what should happen is it should effectively be a hearing de novo - with the result that there's a risk that the arbitrator hands down a bigger suspension than what was originally put in place by the DOPS.
Hearing de novo would be a disincentive but it only works if you bypass Bettman.

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The appeal is filed by the NHLPA. It's not like this is tying up actual courts. As for the cost, Betttman earns a large salary to do his job, this is part of the job.
I'm not concerned about the cost of the proceedings. I'm just trying to address "no risk" appeals. at least it's not like the CFL where the appeal is a stay of the decision and the guy is still on the field.
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Old 05-31-2021, 07:21 PM   #82
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every suspension is appealed?

Gary should have waited a little longer for his verdict, let another few games pass
I didn't say every suspension is appealed. I am fairly confident that any player suspended for 8 playoff games will appeal. Players have nothing to lose by appealing these decisions and I'm quite surprised people are upset about it.
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Old 05-31-2021, 07:24 PM   #83
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I didn't say every suspension is appealed. I am fairly confident that any player suspended for 8 playoff games will appeal. Players have nothing to lose by appealing these decisions and I'm quite surprised people are upset about it.
The only concern I have with appeals by the NHLPA is basically they are saying #### the injured member of our Association. The leadership of the PA is HORRIBLE.
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Old 06-01-2021, 05:27 PM   #84
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The only concern I have with appeals by the NHLPA is basically they are saying #### the injured member of our Association. The leadership of the PA is HORRIBLE.
Every player has a right to representation. The PA doesn't decide the outcome.
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Old 06-01-2021, 10:38 PM   #85
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Even with an 8 game suspension will still play more playoff games than the leafs.
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Old 06-02-2021, 10:04 AM   #86
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Every player has a right to representation. The PA doesn't decide the outcome.
IF they file the appeal on behalf of the player they are also saying the injured player, who may never play again (ie Marc Savard) is not important. It is an image thing. Why is it that they never step in on behalf of the injured player and say "that suspension is not enough"?
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Old 06-02-2021, 06:51 PM   #87
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IF they file the appeal on behalf of the player they are also saying the injured player, who may never play again (ie Marc Savard) is not important.
As I understand it, they have no choice in the matter. If an NHLPA member in good standing wants to appeal a suspension, the union has to file it.

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It is an image thing. Why is it that they never step in on behalf of the injured player and say "that suspension is not enough"?
For the same reason that victims of crimes are not allowed to appeal the criminal's sentence. The injured player isn't a party to the suspension and has no standing; the process doesn't exist to gratify his desire for revenge.
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Old 06-03-2021, 10:34 AM   #88
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As I understand it, they have no choice in the matter. If an NHLPA member in good standing wants to appeal a suspension, the union has to file it.



For the same reason that victims of crimes are not allowed to appeal the criminal's sentence. The injured player isn't a party to the suspension and has no standing; the process doesn't exist to gratify his desire for revenge.
False equivalency, the criminal and victim are not part of the same players association (notice they aren't a union because they agree on stars vs others for the pay rate. If it was a true union all players would make the same).
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Old 06-03-2021, 10:45 AM   #89
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False equivalency, the criminal and victim are not part of the same players association (notice they aren't a union because they agree on stars vs others for the pay rate. If it was a true union all players would make the same).
Why is that? Employees can bargain for whatever terms and conditions they want.

The Union represents their members in labour relation matters, a dispute between two members on the ice(their workplace) is up to their employer to deal with.

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The only concern I have with appeals by the NHLPA is basically they are saying #### the injured member of our Association. The leadership of the PA is HORRIBLE.
You realize there would be legal ramifications for the PA if they opted not to represent their member when there is a legal argument to support their grievance, right?
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Old 06-03-2021, 10:50 AM   #90
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False equivalency, the criminal and victim are not part of the same players association (notice they aren't a union because they agree on stars vs others for the pay rate. If it was a true union all players would make the same).
Tell that to the public service sector.
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Old 06-03-2021, 03:54 PM   #91
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Tell that to the public service sector.
There is a pay scale in a public service union, it all depends on are you year 1 vs year 5 senior. The scale for each level is set $20 to $25 Level 1. So every employee classified as a year 1 employee gets the same money. All raises are based on seniority NOT ABILITY.
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Old 06-05-2021, 06:32 PM   #92
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False equivalency, the criminal and victim are not part of the same players association (notice they aren't a union because they agree on stars vs others for the pay rate. If it was a true union all players would make the same).
The criminal and victim are both citizens of the same country and subject to the same justice system. The victim is not entitled to legal representation at the trial when the Crown brings charges against the criminal, nor is the victim in an NHL disciplinary incident entitled to be represented at the offender's hearing.

Seems like a pretty exact equivalency to me.

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There is a pay scale in a public service union, it all depends on are you year 1 vs year 5 senior. The scale for each level is set $20 to $25 Level 1. So every employee classified as a year 1 employee gets the same money. All raises are based on seniority NOT ABILITY.
Pay scales are different depending on job description as well. But so what? The NHL is not in the public sector and neither it nor its players are obliged to do business by public-sector rules.
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Old 06-07-2021, 12:12 AM   #93
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Has already served 6 of his original 8 games. What if the arbitrator rules it should have been 5 or fewer? Would be similar with the Wideman situation where he served 19/20, then had the sentence reduced to 10.



Here, Kadri is missing some very important playoff games. NHL needs to fix their suspension/arbitration system.
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Old 06-07-2021, 12:33 AM   #94
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Has already served 6 of his original 8 games. What if the arbitrator rules it should have been 5 or fewer? Would be similar with the Wideman situation where he served 19/20, then had the sentence reduced to 10.



Here, Kadri is missing some very important playoff games. NHL needs to fix their suspension/arbitration system.

Yeah. They should pause all games league wide until we definitively quantify not whether Kadri is a ####head, but precisely how much of a ####head Kadri is
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Old 06-08-2021, 09:47 AM   #95
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Dreger reporting the arbitrator has upheld the 8 game suspension.

Darren Dreger @DarrenDreger
Kadri 8 game suspension upheld. Source.
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Old 06-08-2021, 10:41 AM   #96
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Yeah. They should pause all games league wide until we definitively quantify not whether Kadri is a ####head, but precisely how much of a ####head Kadri is
The only alternative would be to stay the suspension while the appeal is on which is also hugely unsatisfactory. They do it in the CFL and inevitably the player who should be suspended ends up playing another game against the same team, and then the suspension gets upheld afterwards.
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Old 06-08-2021, 10:42 AM   #97
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The only alternative would be to stay the suspension while the appeal is on which is also hugely unsatisfactory. They do it in the CFL and inevitably the player who should be suspended ends up playing another game against the same team, and then the suspension gets upheld afterwards.
and would be particularly tricky in the Finals (esp late in the series)
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Old 06-08-2021, 10:53 AM   #98
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To me that’s the risk you take as a player committing suspendable actions

The appeal process may take as long as the initial suspension. Players that don’t get suspended don’t have to worry about it

Play stupid games, win stupid prizes
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Old 06-08-2021, 11:34 AM   #99
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Here is the Arbitrator's full ruling, if anyone wants to read:

https://media.nhl.com/site/asset/pub...adriRuling.pdf

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It is clear that Mr. Kadri
continues to disregard the safety and wellbeing of opponents and has not adequately
received the message. I agree with the DPS
determination that a lengthy suspension
under these circumstances is necessary and
appropriate, and supported by clear and
convincing evidence.
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Old 06-08-2021, 11:35 AM   #100
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I suspect an arbitrator, once finding that the league has considered everything properly, isn’t going to quibble over a couple games difference anyway.
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