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08-01-2011, 04:48 PM
  #133
kdb209
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Quote:
Originally Posted by La Grosse Tendresse View Post
How can they buy players out at this time? I thought Parise was settled outside of arbitration, thus not giving the Devils the right to buy players out now.

To all you CBA geeks, what am I missing?
The second window, "Buy-Outs Outside the Regular Period", is triggered when an arbitration case is settled, either by an arbitration decision/award or a settlement/signing before arbitration.
Quote:
Originally Posted by CBA Exhibit 1 - Standard Players Contract Paragraph 13
(c) The notice of termination shall be effective if given in the form attached as
Exhibit 20, with a copy faxed to the NHLPA and Central Registry as follows:
(i) beginning the later of June 15 or forty-eight (48) hours after the
conclusion of the Stanley Cup Finals and ending at 5:00 p.m. New York time on June 30; and

(ii) For Clubs who have Club or Player elected Salary Arbitration filings
pursuant to Article 12, within the forty-eight (48) hour period beginning on the third day
following the later of: (i) the Club's receipt of its last salary arbitration award; or (ii) settlement
of its last case
(provided such award was received or such settlement occurred after 7:00 p.m.
New York time; awards or settlements that occurred or were received after 7:00 p.m. New York
time will be deemed to have occurred or received the following business day for purposes of this
provision).
Quote:
Originally Posted by caley View Post
If I remember correctly, it's not having an arbitration hearing, it's having a hearing scheduled. So, because the Devils had an arbitration scheduled for Parise this week, even though they signed him negating the hearing, they still get a buy-out window for the period where the arbitration would have taken place.
Almost correct. The second arbitration window would have been triggered when the Devils registered Parises' SPC with the League, not when his arb hearing was scheduled.

Quote:
Originally Posted by GM17 View Post
I thought *thought* it was that on top of only signing for 1 year. if he signed for 2+ I don't think the buyout window would reopen.
Whether a player is awarded a 1 y or 2 yr arbitration award or signs a 1 yr or multi year SPC before the arbitration has no effect on the second arbitration window.

Quote:
Originally Posted by GAGLine View Post
No, you just need 2 or more arbitration cases. It doesn't matter how they are settled. Once the last case is settled, you get the 2nd buyout window.
This is a common bit of CBA misinformation. A team does not need two arbitration cases in order to exercise buyouts during the second window. The only limitation is that a team may not exercise a Buy-Out Outside the Regular Period if they have only one arbitration case AND that case was a team elected arbitration in lieu of a QO (for players earning >$1.5M).


Quote:
Originally Posted by Mouser
Quote:
Originally Posted by Teemu
Additionally, having two or more players file for arbitration allows a second buyout period in August. Could be a pretty important detail for the Hawks if Olesz is in better shape
The requirement is actually only having one player file for arbitration. Or even the team take a single player to arbitration in the right circumstances.

There was a popular misunderstanding on the forums for a long time over the language in section 11.18 of the CBA.
Quote:
CBA Section 11.18 Ordinary Course Buy-Outs Outside the Regular Period. Clubs shall have the
right to exercise Ordinary Course Buy-Outs outside the regular period for Ordinary
Course Buy-Outs in accordance with Paragraph 13(c)(ii) of the SPC. Each Club shall be
limited to no more than three (3) such buyouts over the term of this Agreement pursuant
to Paragraph 13(c)(ii) of the SPC. However, in the event that a Club has only one salary
arbitration hearing pursuant to Section 12.3(a) in a given League Year, such Club shall
not be entitled to exercise such a buyout outside the regular period for Ordinary Course
Buy-Outs.
No Club shall exercise an Ordinary Course Buy-out outside the regular period
for any Player earning less than $1 million.
If you look at section 12.3(a) you'll see it refers to club-elected salary arbitration though, not player-elected arbitration. And further, it only refers to club-elected salary arbitration in lieu of making a qualifying offer by the June deadline. So a team could still elect salary arbitration in the July 5th/6th window and still trigger the buyout window.

Quote:
CBA Section 12.3(a) Club-Elected Salary Arbitration For Players With Paragraph 1 NHL
Salaries plus Signing, Roster, and Reporting Bonuses Greater Than $1,500,000 In The
Prior League Year.

(i) If a Player who is otherwise eligible to receive a Qualifying Offer
and become a Group 2 Restricted Free Agent had a Paragraph 1
NHL Salary plus Signing, Roster and Reporting Bonuses in excess
of $1,500,000 in the aggregate in the final League Year of his most
recent SPC, a Club may elect to file for salary arbitration to
determine the Player's Paragraph 1 Salary for the upcoming
League Year in lieu of making a Qualifying Offer to such Player.

(ii) In any salary arbitration that takes place pursuant to this Section
12.3(a), the Salary Arbitrator may not award the Player a
Paragraph 1 Salary that is less than eighty-five (85) percent of the
aggregate sum of Player's Paragraph 1 Salary plus Signing,
Reporting and
And the arbitration case doesn't even have to go to an arbitrator ruling to trigger the buyout window either.

Quote:
CBA Exhibit 1 Standard Player Contract paragraph 13(c)(ii) For Clubs who have Club or Player elected Salary Arbitration filings
pursuant to Article 12, within the forty-eight (48) hour period beginning on the third day
following the later of: (i) the Club's receipt of its last salary arbitration award; or (ii) settlement
of its last case (provided such award was received or such settlement occurred after 7:00 p.m.
New York time; awards or settlements that occurred or were received after 7:00 p.m. New York
time will be deemed to have occurred or received the following business day for purposes of this
provision).
Note, that Parise's arbitration was a case under 12.3(a) - team elected arbitration in lieu of a QO. If Parise had been the only Devil to elect or be elected for arbitration, the Devils could not now elect to buy out Hunter & White - however Mark Fraser also elected arbitration, making that point moot.

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