So what does the new CBA say about disciplinary action? The only thing we hear about is the salary cap and drug testing policy. Ive searched around but can't find anything.
Here's the old CBA - check out page 78 for the disciplinary procedures (note the max fine of $1000). Also check out Article 31, section 31.4(4) for a brief mention of "club rules" which are apparantly maintained on a club by club basis (and can only reach a max of $500(p.133)). Also check out the NHL's rule 33(a) (supplementary discipline) and 43 (attempt to injure). All rules are very non-specific about the process and the penalties, citing only the "comissioner's discretion". The comissioner, being an agent of management and an employee of the owners must follow procedures and asses penalties based on the law and the collective agreement. Of course, the CBA is also vague, except for the definitions of "repeat offender" (which is silly, as the definition of a repeat offender is essentially a statutory definition, and the league cannot have a rule that is contrary to the law) and the max fine, which is a joke to NHL players and is probably covered by the clubs anyways. As for missed time, note that the CBA (for a first offender) assigns a financial suspension penalty not equal to salary/82, but salary/days in the season. I would guess, having some experience with employment law in Ontario, that unless I'm missing something, the absence of specific language proscribing disciplinary action means that by default, the statutory and common law rules of employee discipline apply. Keeping in mind that for most serious trangressions a normal employee in any other industry would be summarily fired, the penalities in the NHL are well below the legal norms, probably in an effort to both maximize revenues and minimize lawsuits by well-represented and wealthy plaintiffs. A lot of the issues regarding the NHL (and other leagues) is the fact that their structure is so bizarre. Is it one corporation (the NHL) with multiple franchises (like say, McDonald's)? Or is it thirty individual entities engaged in a professional association (like say, network affiliate television stations)?. They define themselves in the CBA as "a joint venture organized as a not-for-profit unincorporated association", which sounds like a licensing or professional association, but it's ridiculous to claim that the NHL operates as a not-for-profit, legally speaking. Especially when they later claim that: "A Club, and where appropriate the League, may take any action not in violation of any applicable provision of this Agreement, any Player Contract, or law in the exercise of its management rights." Would a player sue his team in a dispute or the NHL? Is there an NHL? Can it be legally established that the NHL is simply a proxy for say, the Toronto Maple Leafs? This is more pretending on the part of the "leagues" that they are above the franchises and some sort of regulatory agency rather than the owner's association that they actually are. Contrast the NHL with FIFA, or UEFA, or even the NCAA to an extent, where those bodies are truly independant, and asses penalties not on the basis of what will miminize lost revenue, but what is "best for the game". Can you imagine bans in the NHL for cocaine use (not convictions, but use)? Can you imagine the Red Wings being forced to play in an empty stadium because of the actions of their fans? Until such a time as the NHL is not simply "the owners" rebranded, don't expect to see any action that would really hurt one of the teams that the whole money-making enterprise relies on.
The sad part is, the fact that the "Fans" seem to enjoy the rough stuf. I have seen all of the "Mighty Ducks" home games, and the crowd roars its approval when a fight interupts the flow of the game. THIS IS NOT HOCKEY, if this happened on the on the street they would be arrested. The officials seem to not care, they permit it as long as both are standing. FIX THE RULES!
the statutory and common law rules of employee discipline apply I should add that these are relatively complex and differ from jurisdiction to jurisdiction. I assume that the CBA is operating under the law of Ontario, as I think that most hearings and league functions are run out of Toronto, but in general, the key to disciplining unionized employees is clearly spelling out what is and is not acceptable from a performance point of view. The NHL and its clubs do that quite effectively when it comes to off-ice activities (showing up on time, not smoking in view of the public, etc) but the list of on-ice game trangressions cannot with any weight be viewed as conditions of employmee performance. Again, especially when one ref's 2 minute minor is another ref's match penalty. The more I think about it, I'm not even sure how the NHL can legally justify suspending players and witholding pay at all for on-ice activities. Especially when rough play and penalties are an essential part of the job description, and actually encouraged. I may start assuming that all fines and suspensions are shams, and that no money is actually ever withheld. I just can't see how it would hold up, unless there's a massive unwritten acknowledgement that if you rock the boat, you'll never play in the NHL again. Which would not surprise me in the slightest. Not to mention that agents advising players on these matters are in a huge conflict position. Anyways, assuming that the league can in fact withhold pay for on ice transgressions, they would have to be able to prove in court (or in front of a goverment labour arbitrator) that a) the employee was informed as to what is and is not acceptable, b) fair and clear warning must have been given prior to any formal disciplinary action, c) the penalty was fair, justified and fit the seriousness of the transgression. Under the common law, the onus is firmly on the employer to positively prove that the penalty is justified. I cannot believe that if any of these cases made it to court (without an extenuating circumstance like a criminal charge) the NHL would be able to make their charges hold up. For what it's worth. Which makes it very very hard for them to even try to do something as abstract as "eliminating cheap shots".
THIS IS NOT HOCKEY, if this happened on the on the street they would be arrested. The officials seem to not care, they permit it as long as both are standing. FIX THE RULES! Ah but it is. There are a variety of industries where if the actions of those legally participating in those industries were translated to "the street", they would be jailed. Like car racing, for example. Or animal research. Or the practice of medicine. Or even pornography! I won't even mention ultimate fighting or boxing. If you ask me, fighting isn't even the worst part of it, because it necessarily involves two willing and able participants. What disgusts me is checks from behind and stick offenses. How do you stop fighting anyways? Fighting is not allowed in the other sports, but you still see brawls in baseball, grappling in basketball, and skirmishes after practically every play in football. Again, the only way to eliminate excessive violence in the game is to prevent any circumstance whatsoever that can precipitate it. Attack the cause, rather than the symptoms. Although actual fighting between employees is probably one of the few things that the NHL could spell out as unacceptable, and be legally justified in handing out severe suspensions when it occurs. Wouldn't stop it though, any more than laws against street fighting eliminate barroom brawls. Ban contact (or in the case of the bars, alcohol) and then maybe you can eliminate it. Not sure there'd be much of a game (or nightlife) left though.
Hard to do with the rules & the Visors. What the hell do the visors have to do anything!? If any rules about visors are made, it is to make them mandatory. Many good players (such as Steve Yzerman and Mats Sundien) have came very close to serious injury from visors.
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