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Melnyk officially files grievance against Heatley (Update - Settled - Post #125)

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Old
11-03-2009, 02:31 PM
  #26
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Originally Posted by PotaGuitar View Post
Extremely tired of continually hearing about the Heatley drama when both parties should have moved on by now.

If any good comes out of this whole episode, hopefully its that GM's won't hand out NTC's like candy from now on.
Because of what muckler and the Sens did to Hossa , NO player signs withuot a NTC if they have any choice in the matter.

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Old
11-03-2009, 02:34 PM
  #27
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Originally Posted by CBJenga View Post
So causing drama is cool when the sens do it, but not heatley.

Awesome.


Slash: I really am still very unconvinced that he will succeed in this suit. In very simple terms, Heatley had a NMC, Heatley invoked said NMC and nixed Edmonton.
There's been a discussion on what the NMC SHOULD mean, but the reason that is happening is because it doesn't currently have that meaning.

Heatley said they could talk to Edmonton, but did he say that he would waive the NMC to go there? Or was his intent to let the Sens gauge how much they could get for him in this drama? I don't know. But I think as long as you have a NMC/NTC, there is no "should" about agreeing to a deal. And that's where the real issue is.

It could be that Heatley had added edmonton to the list because he wanted to play with certain players, but they were to be in the package that was sent to the Sens. In that case, the reason that Edmonton was on the list is destroyed, and it's well within Heatley's right to nix that trade.
While i don't think he will win this case.I do think it is a very slippery slope of players with a ntc who request a trade then can nix a trade that they don't like.

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11-03-2009, 02:36 PM
  #28
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Originally Posted by frag2 View Post
Thanks for grasping at straws on the last part. hahah.
Heatley was toying with everyone. He knew what team he wanted and abused the "power" that came with a NMC. Was he "entitled" to, yes perhaps. But was it a classless move-absolutely.

The only reason you back him up on his charade is because he plays for your team. Imagine if Jumbo Joe did that....
Not grasping as much as you'd think. Baron Davis jumped ship from the Warriors, at least in part that he wanted to play with Brand. Then the Clippers moved Brand. I got a big hearty laugh out of that. So it happens.

And yes, you're absolutely right. We KNOW which team he wanted to go with.......

Actually... we don't. We know that the Sharks are A that he wanted to go to. We don't know if there were others.

And yes, I would be pissed if Joe did that, but then again, I also wouldn't be pretending he wasn't within the rights of his contract to do it.

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Old
11-03-2009, 02:36 PM
  #29
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all this because penner is having a good start

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11-03-2009, 02:38 PM
  #30
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Originally Posted by wjhl2009fan View Post
While i don't think he will win this case.I do think it is a very slippery slope of players with a ntc who request a trade then can nix a trade that they don't like.
It isn't a slippery slope though, because this is perfectly legal/acceptable as far as the CBA goes. There's no ambiguity in that players with NMCs can do this. Is it right? Probably not. It's definitely classless. But it is 100% unequivocally okay.

Solutions? New CBA or DON'T GIVE OUT NTCs unless you are 1000% sure.

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Old
11-03-2009, 02:40 PM
  #31
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Originally Posted by CBJenga View Post
Not grasping as much as you'd think. Baron Davis jumped ship from the Warriors, at least in part that he wanted to play with Brand. Then the Clippers moved Brand. I got a big hearty laugh out of that. So it happens.

And yes, I would be pissed if Joe did that, but then again, I also wouldn't be pretending he wasn't within the rights of his contract to do it.
Are there with in there rights of course and for me thats not the issue.The issue is when a player says trade me who has a ntc then picks and chooses where he wants to go.So in a sense really in some cases hurting the team.

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11-03-2009, 03:23 PM
  #32
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This thread seems to be more about Sens fans vs. Shark fans or Players vs. Owners than it is Heatley's 4 million dollar bonus and the Sens.

Melnyk will get his bonus back to him if somewhere in the bonus it stipulated Heatley could not have been asking for a trade, or if Heatley meets the criteria for not earning the bonus. Even though I don't personally have the hots for Heatley I can't help but think it's a bit ridiculous for an Owner to hassle a player because he didn't do what the owner wanted to get done. Management should've thought twice before giving him a NMC. This would've seemed just as ridiculous if Hossa filed a grievance against Ottawa for signing him then trading him.

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Old
11-03-2009, 03:26 PM
  #33
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Bonus was not performance related, but part of a signing bonus.

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Old
11-03-2009, 03:30 PM
  #34
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Originally Posted by CBJenga View Post
Not grasping as much as you'd think. Baron Davis jumped ship from the Warriors, at least in part that he wanted to play with Brand. Then the Clippers moved Brand. I got a big hearty laugh out of that. So it happens.

And yes, you're absolutely right. We KNOW which team he wanted to go with.......

Actually... we don't. We know that the Sharks are A that he wanted to go to. We don't know if there were others.

And yes, I would be pissed if Joe did that, but then again, I also wouldn't be pretending he wasn't within the rights of his contract to do it.
What? Since when did I say we knew which teams. I said HE knew which team he wanted. Mod Edited
And to speculate that he wants to play with the Oiler players going back is so far fetched...its...
I guess admitting to getting a gutless punk, albeit talented one, is difficult


Last edited by Fourier: 11-03-2009 at 04:31 PM.
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Old
11-03-2009, 03:32 PM
  #35
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Originally Posted by Cirris View Post
Here is a novel concept for all you GM/owners out there. If you don't like the fact that a player used his rights in a contract to deny a trade, how about not signing said player to a contract that gives him that right, I.E. the no movement clause you agreed to?

There's nothing in this that I see going anywhere. In the end i see this costing Melnyk more money because Heatley's agent will probably make him pay for all the legal fees for wasting everyone's time.
i have to wonder what message it sends to UFA players you may want in future years as well , we can speculate why Heatly wanted out forever maybe he had a good reason maybe he didnt point is we live in a society where people are allowed to change minds opinions and where they want to live.
Melnyk suing likely does nothing but make other players wonder about Ottawa.

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Old
11-03-2009, 03:37 PM
  #36
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Originally Posted by CBJenga View Post
So causing drama is cool when the sens do it, but not heatley.

Awesome.
LOL! so Melnyk wanting his $4M back is causing drama?

ok there bud...

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Old
11-03-2009, 04:04 PM
  #37
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Originally Posted by frag2 View Post
What? Since when did I say we knew which teams. I said HE knew which team he wanted. Mod edited
And to speculate that he wants to play with the Oiler players going back is so far fetched...its...
I guess admitting to getting a gutless punk, albeit talented one, is difficult
You're right, I did misread that.

Mod Edited
I don't recall who was coming back, so I can't really say how far fetched or not.

Mod edited And when did I ever deny that he was a gutless punk? I don't really think gutless is really the right adjective. To be in the kind of spotlight that he's been in takes some kind of guts, even if they are the self centered type. As for "punk" I can agree, with some hesitation. I think, in part, punk depends on who leaked the request for a trade? Do we know?

That leak is what made this a problem. Is it really such a big issue that a player asked to be traded? Does that really make them a punk? I don't really feel that that's fair, if so.


@swiftwin:

No, but filing a grievance is.


Last edited by Fourier: 11-03-2009 at 04:34 PM.
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Old
11-03-2009, 04:09 PM
  #38
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The fact is Heatley had a contract in place that stipulated he be paid 4 mill on July first, on July first he was Senators property, thus they owe him 4 million dollers, seems pretty simple to me. Don't hand out NMC or front load contracts if you don't want to deal with those aspects down the road.

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11-03-2009, 04:15 PM
  #39
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Really, this whole issue is one for the lawyers to change the regulations around no-movement clauses. I'm not sure whether that would mean changing the CBA or what, but hear are my thoughts:

The Sens should have written into the contract that any demand for a trade prior to paying out the signing bonus would result in its negation (or something similar - I don't have a definitive notion of what the consequence should be). As it stands, a signing bonus is paid for signing the contract, but there's no stipulation that it matters where that contract is honoured (i.e. to which team the contract belongs). That's the issue, and the players may not like it, but I think most would agree it would be fair to start writing something like this into contracts with NMCs.

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Old
11-03-2009, 04:24 PM
  #40
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Originally Posted by frag2 View Post
What? Since when did I say we knew which teams. I said HE knew which team he wanted. Mod Edited
And to speculate that he wants to play with the Oiler players going back is so far fetched...its...
I guess admitting to getting a gutless punk, albeit talented one, is difficult
un needed post...anyways i'm gonna throw my opinion into this, when heatley got his NMC it was because he didn't want to end up like hossa and wanted to control his destiny (which is the right given to him by murray), and furthermore melnyk is probably doing this because he feels that heatley refusing the trade to edmonton removes his right to the bonus he received.

just my opinion dont freak out.


Last edited by Fourier: 11-03-2009 at 04:32 PM.
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Old
11-03-2009, 04:29 PM
  #41
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I don't see how the Sens win this. Under his contract someone needs to pay Heatley his $4M since I don't see anywhere where he actually violated his deal. Had the Sens kept him and he did not show up to camp, the case may have been much stronger. But right now this just looks like the cost of doing business to me.

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11-03-2009, 04:36 PM
  #42
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Originally Posted by Fish on The Sand View Post
well I hate to break it to you, but the reason it is there is so the player can decide where he wants to play.
I understand why NMC exist but that doesn’t mean I have to agree with it.

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11-03-2009, 04:44 PM
  #43
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Originally Posted by CBJenga View Post
You're right, I did misread that.

Mod Edited
I don't recall who was coming back, so I can't really say how far fetched or not.

Mod edited And when did I ever deny that he was a gutless punk? I don't really think gutless is really the right adjective. To be in the kind of spotlight that he's been in takes some kind of guts, even if they are the self centered type. As for "punk" I can agree, with some hesitation. I think, in part, punk depends on who leaked the request for a trade? Do we know?

That leak is what made this a problem. Is it really such a big issue that a player asked to be traded? Does that really make them a punk? I don't really feel that that's fair, if so.


@swiftwin:

No, but filing a grievance is.
Its not he asked for a trade that with in his right and to be fair most fans would have been fine with that.The issues are how danny and his agent long with the senators went about this.Aslo the letter from the family friend really did not help.

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11-03-2009, 04:53 PM
  #44
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I don't see how the Sens win this. Under his contract someone needs to pay Heatley his $4M since I don't see anywhere where he actually violated his deal. Had the Sens kept him and he did not show up to camp, the case may have been much stronger. But right now this just looks like the cost of doing business to me.
Maybe Melnyk won't win but it seems perfectly logical that he'd go after Heatley for the 4$ mill that he feels he was forced to hand him. Quite simply, Melnyk has more money than every single person of HFBoards will make in their lifetimes combined, it's not really a bother for his lawyers to take on Heatley and cause him a little off-ice stress. As one sharks poster snidely remarked, the Sens are propelling themselves back towards the drama, that is simply not the case. Melnyk's grievance has nothing to do with the Sens organization ongoing activities and goal of winning games. Perhaps Melnyk can be considered as stirring the pot with the whole Heatley situation once again but it will have little effect on him or the Sens (think about it, would you be immensely bothered if you lost a little bit of money? Probably not but you might make an attempt to get it back if it wasn't too much of a task). The grievance is likely to have slim effect on Heatley, too, but if it does and he's forced to return the money (it'll only be a fraction of the 4$ million even if Melnyk was to win) and he becomes distracted by the off-ice law process causing his performance to suffer, then win-win. If I sound like a spiteful Sens fan looking for revenge, it's just the cost of doing (bad) business.

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Old
11-03-2009, 05:06 PM
  #45
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Maybe Melnyk won't win but it seems perfectly logical that he'd go after Heatley for the 4$ mill that he feels he was forced to hand him. Quite simply, Melnyk has more money than every single person of HFBoards will make in their lifetimes combined, it's not really a bother for his lawyers to take on Heatley and cause him a little off-ice stress. As one sharks poster snidely remarked, the Sens are propelling themselves back towards the drama, that is simply not the case. Melnyk's grievance has nothing to do with the Sens organization ongoing activities and goal of winning games. Perhaps Melnyk can be considered as stirring the pot with the whole Heatley situation once again but it will have little effect on him or the Sens (think about it, would you be immensely bothered if you lost a little bit of money? Probably not but you might make an attempt to get it back if it wasn't too much of a task). The grievance is likely to have slim effect on Heatley, too, but if it does and he's forced to return the money (it'll only be a fraction of the 4$ million even if Melnyk was to win) and he becomes distracted by the off-ice law process causing his performance to suffer, then win-win. If I sound like a spiteful Sens fan looking for revenge, it's just the cost of doing (bad) business.
Melnyk can do what he wants (though I am not sure if the mathematics in your bolded statement above is accurate ). I just don't see any way he wins. I also don't see Heatley being distracted by this process to a point that his on ice performance suffers.

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11-03-2009, 05:07 PM
  #46
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Good, Heatley really dicked them around and cost them 4 million

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11-03-2009, 05:17 PM
  #47
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I also don't see Heatley being distracted by this process to a point that his on ice performance suffers.
I agree with this, why would it effect Heatley? The players association is going to fight it, not Heatley and his private lawyers. Plus at the end of the day Heatley will be paid the amount he is owed and I doubt if it matters to him who signs the check.

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11-03-2009, 05:28 PM
  #48
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http://blogs.mercurynews.com/sharks/...ice-attention/

Apparently the grievance was filed over the summer and is only just now coming to light. Heatley refused to comment on the situation, instead concentrating on playing hockey (and dreaming perhaps of another hat trick tomorrow against Columbus).

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11-03-2009, 05:37 PM
  #49
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Its 4 million bucks. He wants his money back, and he will most likely get it.
On what grounds?

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11-03-2009, 05:44 PM
  #50
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On what grounds?
I'm guessing that he asked to be traded, there was a trade to be made before the $4 million had to be paid, and Heatley refused it.

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