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04-09-2009, 12:12 AM
Join Date: Jan 2009
Location: South of Heaven
Originally Posted by
Damn, you could be right.
Can any lawyer/CBA vulgarize all this stupid jargon bs for us? Which article prevails over which?
8.6 is part of the New CBA, while there was a Transfer Agreement with the IIHF. What is says is teams have up to 2 yrs to sign Reserve List (unsigned draft picks) and spells how it is done so. This provision was in accordance with the then existing TA with the IIHF. But because the agreement has since lapsed, the League envoked "Defected Status", or essentially went to the old CBA provisions which meant indefinate holding of rights.
That's why (I'm assuming) MerryJ99 posted that portion for you, because the NHLPA filed a grievance over going back to the old provisions and lost, appeal pending of course. But that appeal barely holds any water, because Ted Saskin signed a letter, while still with the NHLPA, acknowledging the switch back to the old provisions should the new Transfer Agreement with the IIHF fall through which they (League) were preparing to shore up as the new CBA was being ratified.
Saskin failed to tell the PA of the reversal before he was ousted. The new TA did get done, but in 2007 there was a demand for it to be reopened... and last year the Czech teams balked at an extension to expand or redo the deal, which blew the whole thing up.
Hope this helps shed further light on the whole thing
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