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02-09-2013, 10:34 AM
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Originally Posted by kdb209 View Post
It is not covered in the CBA.

It is covered in the League Rules - the body of governing documents (By-Laws, League rulings, etc) which are included into the CBA (as long as they do not conflict with a term of the CBA).

In this case it goes back to a League ruling going back to the Zeigler/Stein era, when a team explicitly asked the League about a hypothetical case of player under contract holding out all or part of a season. The League ruled that the team could toll the contract for as long as the player refused to report. That ruling was the basis for arbiter Lawrence Holden's decision in the Alexei Yashin case (after he held out from the Sens in '99-'00) - and is the precedent for the League unless and until the matter is addressed in a CBA.

As for the salary cap - a player suspended w/o pay for refusing to report does not count against the cap (unless the player is on a 35+ yo rule SPC).
Thanks.. So he counts due to his age. And I take it he's still "tolled"....

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