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06-29-2011, 10:53 PM
Join Date: Sep 2003
Location: Out There
Posts: 54,911
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Here is the process for QO's. It is quite strict - close enough does not count.

In order to receive a Right of First Refusal or Draft Choice Compensation (at the Prior Club's option) with respect to a Restricted Free Agent, the Prior Club of a Restricted Free Agent must tender to the Player, no later than 5:00 p.m. New York Time on the later of June 25 or the first Monday after the Entry Draft...
In this case the first Monday after the Entry Draft applies so 5:00 pm June 27, 2011.

And there is a specific form of notice for the tendered QO:

A Qualifying Offer will be deemed to have met the above requirements if the Prior Club timely provides the Player a completed copy of the notice attached as Exhibit 19 hereto, in accordance with Exhibit 3 hereto.

And this notice must be delivered as set out in Exhibit 3 of the CBA.

During the Playing Season, a Player shall receive notice(s) from his Club via hand delivery. From the day after the conclusion of a Player's Playing Season until the commencement of the Player's subsequent Playing Season, notice(s) shall be sent via overnight delivery to the Player's off-season address which the Player provides to the Club, and if no such address is provided by the Player, the notice(s) shall be sent via overnight delivery to the Player's last known address.

Unless the Player has designated his Agent's address as his off-season address, providing the notice of QO to the Agent does not fulfill the requirements nor does faxing it to the NHL Registry. Based upon the reports thus far this seems to be where the process went off the rails

"Overnight delivery" has been interpreted to mean via overnight courier and not via postal service even if registered mail.

In the Hawks/Tallon screw-up he first claimed that Canada Day interfered with postal delivery and that the QO notices were postmarked before the expiry date and time. But that timeline was wrong (Canada Day is July 1) and the postal service should not be used so the postmark claim was a red herring. Then he claimed that providing copies to the agents and filing with the NHL was sufficient - it was not.

Finally he admitted the QO's were improperly transmitted to the players. The Hawks were able to re-sign the players before July 1 by offering more money and/or term than they might otherwise have done. And that created cap problems down the road.

At this point we do not know for sure what breach of the notice of QO process is being alleged in the Nashville case.

And the Hawks snafu was not the first case where this happened:
Back in 2000, the New Jersey Devils forgot to send paperwork for Brian Rafalski and John Madden and both became free agents that could be signed without compensation. Rafalski had been making $450,000 at the time and Madden $550,000. Due to the error, New Jersey general manager Lou Lamoriello had to act quick and locked both players up to four year deals with Rafalski earning $11 million and Madden $7 million.

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