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Friday, August 13, 2010
Competing clauses in the CBA
Kristi points out:
However, it’s unclear which time period controls: Article 26 says there is no time limit for the Commissioner to bring an investigation, while Article 11 imposes a 60-day limit from the time the NHL knew or should have known. It’s safe to assume that Article 26 controls, based on Bloch’s comments.
I don’t see how you can have one article completely wipe out the other article. Not being a lawyer, I would say that you would have to read it so that both articles can co-exist. Therefore, I would say that once a contract is registered, then the NHL has 60 days to de-register it. And to satisfy Article 26, the league can impose sanctions to the teams for circumvention that has the same effect as if they would have de-registered the contract had they done it in time. That would mean penalties in terms of fines and loss of draft picks, which I think are already spelled out in the CBA.
But, to actually throw out a contract after 60 days would seem ridiculous. Even more so if Bettman could do it after the player started playing, or even years later.
So, Bettman can investigate all he wants, whenever he wants, and however he wants. But the de-registration of the contract must be subject to Article 11. Penalties and fines can take place in lieu of de-registration.
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