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How to pick up Sidney Crosby

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06-30-2004, 02:38 AM
  #1
xerburt
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How to pick up Sidney Crosby

An interesting discussion going on here in the prospects forum, with some good points put out by "juan".

If my memory of Labour Relations and Contract Law serves me right, I think juan is on to something here.

Basically, the NHL Draft is the brainchild of collective bargaining between the NHL and the NHLPA. All players wishing to enter into the NHL must enter (or have attempted to enter) via the Draft at one point in time, if I recall correctly. Without the existence of a new agreement come September 16th, the pipeline through which teams bring players into the NHL is essentially void. The absence of a CBA not only leaves NHL teams and Union players in the lurch, but also aspiring players as well.

As such, in theory, any team - including the Oilers - should be free to contract the services of any player who is not under the realm of the NHLPA. Sidney Crosby is one such player.

Now, of course, there are a myriad of concerns with such a proposal. Well, firstly, there will be no NHL hockey to be played. Fellow owners will be ticked off. The NHLPA would be ticked off, only exacerbating the current problem. If the league does resume, how will the player be accepted into the league? Would he still be property of the contracting team? Would he have to re-enter a new draft? If he is signed by a minor league affiliate, does that serve as a sort of loophole to get him into the NHL with the parent team?

Certainly, it brings more problems than anything, but theoretically, it is a possibility. For myself, it's definitely an interesting topic for thought.

After all, should the NHL indeed fold, the Oilers would have a budding superstar in Crosby with whom to enter whatever league will come into the forefront. Somewhat reminiscent of a certain team in the late 70's that entered the NHL from the defunct WHL, don't you think?

(oops, spelled the name wrong in the title - how do i change that?)


Last edited by xerburt: 06-30-2004 at 02:46 AM.
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06-30-2004, 02:50 AM
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Ahh I think you mean the WHA. I personally don't think the league would fold but it would be terrific if it did just to stick it to the players, who in the Hell else is gonna pay these clowns 5-10 million a season!

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06-30-2004, 03:47 AM
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Yea, good luck on that scenario.

The NHL imploding and ressurrecting itself as a Major-Market League would not include Edmonton. Plain as day for many reasons. An Edmonton entry in a lower-budget rival league would not have the "Bling" to coerce premium annointed talent like Crosby to sign with them.

Unlike Gretzky, player agent representation has grown far more sophisticated than the days of Peter Pocklington and Gus Baldali. Players aren't traded over a Backgammon game and Roy Lichenstien paintings anymore.

Your scenario is so far-fetched and into a dreamworld far beyond comphrehension.

Get off your cloud.

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06-30-2004, 05:26 AM
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Well, apparently I've made a couple glaring errors here. Firstly, yes, I meant the WHA. And secondly, I suppose I should've made it clear that I certainly wasn't serious about the NHL folding and Edmonton running off with some players into some newly established league.

I guess what I meant to get at, is that with the absence of the CBA and the Draft, undrafted players essentially become a free-for-all. What is going to stop a team from pursuing players like Crosby, to lock them up so that when play does resume, another prized asset will be at hand?

Correct me if I'm wrong, but it seems to me that the lockout would apply to all members of the currently established NHLPA - any persons outside this are free game. Are there stipulations against this, preventing teams from signing players during the lockout?

From my viewpoint, this would simply be akin to signing a replacement who wouldn't play (since there would be no hockey) but would be available to the team once play resumes. I know in 1987 some NFL teams kept replacement players in the fold when play resumed, whereas in 1994 some MLB replacements stayed with the team but were still not allowed to join the union even 5 years after the fact.

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06-30-2004, 07:45 PM
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Quote:
Originally Posted by xerburt
Well, apparently I've made a couple glaring errors here. Firstly, yes, I meant the WHA. And secondly, I suppose I should've made it clear that I certainly wasn't serious about the NHL folding and Edmonton running off with some players into some newly established league.

I guess what I meant to get at, is that with the absence of the CBA and the Draft, undrafted players essentially become a free-for-all. What is going to stop a team from pursuing players like Crosby, to lock them up so that when play does resume, another prized asset will be at hand?

Correct me if I'm wrong, but it seems to me that the lockout would apply to all members of the currently established NHLPA - any persons outside this are free game. Are there stipulations against this, preventing teams from signing players during the lockout?

From my viewpoint, this would simply be akin to signing a replacement who wouldn't play (since there would be no hockey) but would be available to the team once play resumes. I know in 1987 some NFL teams kept replacement players in the fold when play resumed, whereas in 1994 some MLB replacements stayed with the team but were still not allowed to join the union even 5 years after the fact.
The old WHA lasted all of about 8 years. The (main) reason it was able to survive those years (and led to its eventual downfall) was the ability to sign and have players playing at the pro level who were under the age of 20 (the minimum age to play in the NHL at the time). So players like Wayne Gretzky would be picked up BEFORE the NHL could draft them, because of the age situation.

Also, if I'm not mistaken about Canadian labor laws here, if there were replacement players, wouldn't it be illegal for any Canadian-based team to use/play them?

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06-30-2004, 09:05 PM
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Labour is a provincial jurisidiction, so the laws would vary from province to province. I know Ontario didn't use to allow scabs, don't know about now. Somehow I suspect that Alberta, one of the more conservative provinces in Canada, doesn't have really strong legislation protecting unions.

As for the legality of signing Crosby, I've kicked this around a bit with some friends, and I believe that contracts have to be approved by the NHL and NHLPA to be valid...something tells me this one wouldn't be.

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07-01-2004, 09:13 AM
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I'm pretty sure there won't be any personal services contracts being handed out.

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07-01-2004, 11:57 AM
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Quote:
Originally Posted by Oilers Chick
The old WHA lasted all of about 8 years. The (main) reason it was able to survive those years (and led to its eventual downfall) was the ability to sign and have players playing at the pro level who were under the age of 20 (the minimum age to play in the NHL at the time). So players like Wayne Gretzky would be picked up BEFORE the NHL could draft them, because of the age situation.

Also, if I'm not mistaken about Canadian labor laws here, if there were replacement players, wouldn't it be illegal for any Canadian-based team to use/play them?

As itw as stated--Labour laws are provincial and some provinces do allow it

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07-01-2004, 07:16 PM
  #9
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Thanks for the clarification. I knew that there was some sort of law in Canada about that, but didn't realize it was a provicial deal as opposed to a federal one.

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