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08-19-2004, 03:35 PM
  #49
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Join Date: Feb 2002
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Quote:
Originally Posted by nomorekids
i JUST explained myself, and I think you're being as unclear as i admit i was at first. YOU are making it sound as if a group of arbitrators goes down a list, finds comparable numbers, and throws out a salary
Once again I have to ask if you read the part of the CBA that pertains to arbitration? It seems you did not, it seems you aren't sure of how it works at all as your first post clearly indicates. The arbitrator doesn't find the comparables, both sides present comparables and the arbitrator determines whether they are comparable or not.

Here's some clarification for you...

" (F) the overall performance in the
previous season or seasons of any player(s) who is alleged to be
comparable to the party Player whose salary is in dispute; and

(G) (1) The Compensation of any
player(s) who is alleged to be comparable to the party Player,
provided, however, that in applying this or any of the above
subparagraphs, the Arbitrator shall not consider a player(s) to
be comparable to the party Player unless a party to the
arbitration has contended that the player(s) is comparable; nor
shall the Arbitrator consider the Compensation or performance of
a player(s) unless a party to the arbitration has contended that
the player(s) is comparable."

" (iii) The following categories of evidence
are inadmissible and shall not be considered by the Arbitrator:

(1) Any contract the term of which
began when the player party to such contract was not a Group II
Player;

(2) Any contract entered into by an
Unrestricted Free Agent, including contracts signed by players
after the player's Club has exercised a walk-away right pursuant
to Section 12.6;

(3) Qualifying Offers made by the Club
pursuant to Section 10.2;

(4) Any prior offers or history of
negotiations between the Player and the Club;

(5) Testimonials, videotapes,
newspaper columns, press game reports or similar materials;

(6) Any reference to actual or
potential walk-away rights;

(7) Any award issued by an arbitrator
as to which a Club exercised its walk-away rights pursuant to
Section 12.6;"

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