Spector's Blog
by: Spector
The Next Chapter for the NHLPA.
Oct 15, 2007 | 10:23AM | report this

Various reports since Sunday claim the NHL Players Association’s selection committee is expected to unanimously recommend the hiring of lawyer Paul Kelly as their new Executive Director.

As reported by TSN.ca:

“Kelly is the former U.S. assistant district attorney who tried to have NHLPA founder Alan Eagleson extradited to the United States to face charges of fraud and embezzlement.”

If Kelly is hired as expected, what does it mean for the PA, the NHL and future labor negotiations between the two sides?

The first consequence is the end of over two years of infighting and disarray in the NHLPA. His hiring won’t be under the questionable circumstances as that of his predecessor, Ted Saskin, meaning there shouldn’t be any divisions within the PA ranks over it.

Second, forget about any cozy relationship between Kelly and league headquarters that continues to dog Saskin since his dismissal as well as NHL Deputy Commissioner Bill Daly. Kelly’s being hired to represent the players, and given his resume that’s exactly what he’ll do.

Now it remains to be seen if he’ll become “a Bob Goodenow clone” which some observers are likely to paint him, but given his work in corporate law he’s expected to be a tough negotiator.

How well this sits with NHL commissioner Gary Bettman and Deputy Daly (who did the heavy lifting on the league’s behalf during the last lockout) remains to be seen. If they don’t know what to expect in Kelly will be rest assured they’ll begin the feeling-out process soon.

Third, despite the dire warnings from some pundits we can likely expect over this both now and in the future, Kelly’s hiring doesn’t mean the PA will re-open labor talks with the league in 2009 as they’re allowed to do under the current collective bargaining agreement.

For one thing, Kelly has to get settled into his new role and gauge the lay of the land before plunging ahead into any serious negotiations or plans. He’s first got to meet with the PA membership, heal the rifts within its ranks, encourage the younger members to engage more actively in association business and determine the direction the membership wants to take in the coming years.

Some pundits have painted Chris Chelios, Dwayne Roloson and the other dissidents who led the charge in ousting Saskin as power brokers within the PA ranks, who’ll try to maneuver Kelly into cashiering the current CBA and re-opening labor talks with the league in 2009.

As George James Malik observed this summer:

“Chelios never intended to run the NHLPA--first, and foremost, he’s very busy both managing two successful restaurants and playing hockey for the Detroit Red Wings, which he plans on doing so for at least a few more years. Moreover, he never wanted to stage another lock-out--Chelios wanted to get Saskin’s butt kicked out of office, and he wants the NHLPA to act and operate as an honest, open, and accountable union. That’s all.

Chelios has his beefs with the collective bargaining agreement, there’s no doubt…but undoing the salary cap is not a fight Chelios or anyone else can win at this point.”


Assuming for a moment that Kelly is Goodenow incarnate or is actually a front man for Chelios and his hordes who supposedly want to undo this cap, they’d first have to convince the PA membership that this is a fight worth having.

That’s not an easy sell. For one thing, players salaries are now as high or higher than they were in 2003-04, the final year of the last CBA. It’s awfully hard to rile up the membership when they’re doing as well as they ever have and could be poised to earn more.

But the biggest hurdle is convincing a currently fractured PA membership weary of the internal politics and possibly apathetic regarding association business that it’s worthwhile to return to the labor war trenches.

I’ve said it before and I’ll say it again: the majority of the members of the NHLPA lack the stomach for another fight with the league only four years after the last lockout ended.

Not because they’re cowards, but because right now they’d rather play hockey than risk possibly losing another season or part of one to a potentially contentious work stoppage.

With salaries consistently rising, escrow payments as yet having no serious consequences and the cap adversely affecting only past-their-prime veterans and marginal players who’d otherwise be career minor-leaguers if not for bloated NHL rosters, there’s really not an impetus there for a return to the bargaining table in 2009. To convince the players otherwise would take a sell job for the ages on Kelly’s part.

The earliest to expect labor talks again is 2011, when the current CBA is due to expire, or 2012 if the PA votes to extend it by another season.

Things could be different by then and perhaps the players will want a new deal, but considering how it’s been the league and the team owners who’ve brought about the last two work stoppages by locking out the players trying to get a deal they want, that doesn’t seem likely.

If there’s another lockout within the next five years, it’ll be the league and the owners doing, not the players.

By that time, the league should expect to face a more unified NHLPA, with a more involved membership, led by an executive director who could prove to be one tough, savvy negotiator.

Bettman recently said he believes in a strong NHLPA, and he might’ve received his wish, possibly to his regret.

As for the NHLPA, another chapter in their history has closed and another soon to begin, one they hope will have a better ending than the previous chapters.


6 Comments | Add a comment   categories: NHL, NHLPA, Chris Chelios, Dwayne Roloson, Paul Kelly, Gary Bettman, Bill Daly, Labor Negotiations, Lockout, CBA
 
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fauxrumors5
Oct 15, 2007
11:30 AM
1) We wonder what the over/under will be for the NHL and their lackey's in the press (Stan Fischler) to commence the vilification of Kelley
2) There is NO way the players even discuss reopening negotiations for the CBA next year. Its working just fine for them.
3) Do you know if the owners can initiate the process themselves/open discussions to try to change the current structure of the current CBA, or are only the players given that option?

Spector
Oct 15, 2007
3:27 PM
It's my understanding that it's the players who have that option. They also have the option of extending this deal for another year.

pinata99
Oct 17, 2007
11:32 AM
I thought that the NHLPA already had the Tough Lawyer/Union Negotiator in B.Good and that turned out bad.
Maybe they really would be better off with a Communicator... a Marketing guy at the Helm (then hire a Lawyer, Finacial Advisor, & PR person). A Team that would be able to go up against the Owners when needed, protect investments, help grow the sport, and clean up the image .

For the past Lockout, the major issue was Salary Cap. The Players could have avoided a Lockout by agreeing to a Cap.

The Owners/Board of Gov refused to budge on the Salary Cap issue and made it clear to the NHLPA months, maybe a year(s) in advance of the Lockout that the Salary Cap would be in place Before the next CBA was signed. The CBA Must have a Cap so start negotiating the type/details of the Cap...

The Players/NHLPA and their Fine Representative Bob G. refused to agree to a Salary Cap, refused to negotiate details of a Cap.

The Lockout was settled on Salary Cap only After the players allowed the season to be canceled, and as much as 2 years After B.Good and his Union were told the Salary Cap would happen.

This work stoppage could/should have been avoided well before the Lock-Out, How? by the Players agreeing/negotiating a Salary Cap.
In the end, It matters not if the Cap is good/faulty/mediocre... The Owners "Won" their battle, and We, the Players/NHLPA/BobG/Fans/small business/We All Lost.

Now an opinion on Blame for the last Lockout (strike)...
Blame: Players/NHLPA/BobG: 80%
Blame: Owners/NHLBoG/Bettman: 20%

Can not afford another NHLPA Lawyer fighting with

Last edited by pinata99 on October 18th at 12:05 AM.

fauxrumors5
Oct 19, 2007
8:28 AM
1) Pinatta: One can argue who won based upon what was the starting position or one can argue who won based upon what happens AFTER the CBA is signed.
2) With salaries now equal to or MORE than they were before the owners lockout we'd have to say the players didn't do too badly after all. Much like after the 1995 owners lockout when most thought the owners won a slam dunk, its looking more and more that the players are doing just fine, thank you.
3) The question is when will the next owner-instituted work stoppage occur and what will the cause be? AS we wrote elimination of guaranteed contracts are the likely next 'request'
4) BTW, it was a lockout NOT a strike! Does one in the owners corner need to (continue to) decieve folks to get their point across?

Last edited by fauxrumors5 on October 19th at 8:29 AM.

pinata99
Oct 19, 2007
4:24 PM
Faux, thanks for reading my post and responding.
1. Yes, good point. I put the word "Won" in quotes because I don't truly believe Ownership "Won" their Battle, they simply got their Salary Cap in the CBA. Really it was different levels of Loss by all involved.
2. As far as the Salary Cap, I don't know what it will accomplish. I am not convinced that any NHL Cap is good or is bad. I see Pros/Cons.
A point though: If the Cap really was not going to impact player salaries, and it has not, then why fight the Cap until after a season is lost? B.Good made some assumption that the Salary Cap was such a Significant/Negative/Evil issue for the Players & their Salaries.. So far, Wrong.
3. The question could be ...Owner or Player -instituted work stoppage...
Unless you are firmly in one corner, the Owner corner or the Union Corner, then there is no debate.
4. Yes. Semantics, Strike/Lockout.
Strike: therefore Blame 100% Labor for the entire duration of Work Stoppage (Not so).
Lockout: therefore Blame100% Management for the entire duration of Work Stoppage (Not so)
Also, It is not necessarily the party that initiates the Strike/Lockout that actually "Causes" the Work Stoppage... Most can see past the Rhetoric..."He started it...so it's all his Fault"
5. In the "Owners corner" for the last Lockout? No. The Owners $$ losses up/through the '04 season were largely their own doing.
In the "Owners corner" for the length of the last Work Stoppage? Yes! Maybe 80/20, by the end.
I strongly belive the NHLPA leader could have avoided the Lockout with a Cap

Last edited by pinata99 on October 19th at 4:29 PM.

pinata99
Oct 19, 2007
4:32 PM
Faux,
In the Three Work Stoppages, during the time B.Good was Leading the NHLPA, Please let me know your opinion of who was at fault, where you would lay the blame, or what corner you were in...etc...
B.Good/NHLPA/Players or G.Bett/BoG/Owners (or some combination of some/all the parties). I am interested in your opinion. Thanks!

A) 1992 Work Stoppage
B) 1994 Work Stoppage
C) 2004 Work Stoppage

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Spector
I'm Lyle Richardson, also known as Spector, Foxsports.com
's "Prince of Pucks".,which
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