Who says the new CBA would be applied immediately to players drafted under the old CBA?
I am only going by logic. That is the place where the NHLPA has indicated that it has no problem moving. In my opinion, the rookie cap is an easy immediately implemented article, and was the last time around. I am going with the premise that this is the case.
Salary caps and other issues can be grandfathered because of their impact if they attempted to do it all in one fell swoop, there is a huge difficulty.(Can you imagine what would happen if a $35 million dollar hard cap was instituted tomorrow? How would teams like Philly, Detroit or Toronto function?)
With the rookie cap, they don't have any of those considerations.
I think they have a pretty strong argument that any player drafted under the old CBA would have his rookie cap set by that CBA. I do not think that changing the rookie salary structure would affect previous entry drafts, only those going forward. That seems the most logical to me and the most fair. Otherwise the teams who drafted guys who can step in right away out of 2003 and 2004 are at a distinct disadvantage.
ALthough Burns, Fleury,Brown....ect. In the past teams have found loopholes in the CBA that have allowed players to young to still play in the AHL.
There's no real "loopholes". Fleury is born between Sept 15 and Dec 31st. Any prospects born in that range will be able to go to the AHL a year earlier than the other players born in their birth year. As well a player too young to play in the minors can be sent there on a conditioning stint, this happened with Robyn Regehr in his 19 year old season.
And of course any player who hasn't played in the CHL at all is not bounded by that restriction (see Dipietro playing in the AHL in his 19 year old season.)