Well, Howard Berger had an excellent column yesterday that confirmed my fears. Berger asked new NHLPA director of player affairs Glenn Healy for this thoughts on the Leafs possible stance.
The entire thing should be mandatory reading for any Leaf fan who thinks Fletcher should play hardball, but here are some choice quotes.
"They do not have the right to destroy Bryan McCabe’s career. They gave him as restrictive a contract as there is in the NHL today. If they want to go to the most extreme of situations and tell him they will pay him to stay at home, the artillery will be released from our end. The P.A. will back Bryan to the grave, I guarantee it.”If you're a Leaf fan, that last line should scare you. I don't claim to be fluent in Healey-ese, but when he says there's "absolutely no limit" to what the PA would do, I get very nervous.
“Bryan McCabe has lots of hockey left, and the Toronto Maple Leafs are not going to tell him to stay at home… not a chance... You can’t destroy a player’s craft by sitting him at home and basically telling him, ‘your career is over.’ That type of action would be something for the legal minds at the P.A. to deal with...
With that type of a welcome mat, I can’t see why there isn’t a rush for all the free agents in the world to come and sign with the hockey club. I mean, that’s just a wonderful way to treat a player...
But, there will be absolutely no limit to what the Players’ Association will try to throw at [the Leafs]. We’ll go at it hard."
Would the PA actively discourage future free agents from signing in Toronto? We know that the PA has leaned on players in the past to make sure they got maximum value on their deals. Would they try to keep top players out of Toronto as retribution for McCabe's treatment.
Is it really worth it for the Leafs to find out?
It's always interesting to see how discussion results from a totally unsubstantiated rumor -- but then that's why they're printed. Actually it's more than unsubstantiated, it has been actively denied by Fletcher. I still wonder what legal recourse the NHLPA has if the leafs were to tell McCabe to stay home. Like I said in the last discussion we had, I'm not sure the contract stipulates any playing time (maybe it does, but I find it hard to imagine). Provided they're willing to pay him, what happens at the end of the contract -- whether other teams view McCabe as employable or not -- is not really the leafs concern. Again, I think this whole argument is lot of hot air because CF has said McCabe will be in camp, but it's a lot of fuss raised over someone who's being 'threatened' to be payed millions of dollars for doing absolutely nothing.
ReplyDeleteI heard Healy on The Fan. I didn't get the sense he was playing around. He mentioned that the "artillery would be let loose" if the Leafs made him stay home. Good times.
ReplyDeleteRob's right, though. Fletcher has denied that he will keep McCabe at home. I guess he's holding out hope that McCabe will learn from Dan Boyle and accept a trade out of a place where he's no longer wanted. It's not like he's not going to get his money.
At the same time, maybe McCabe feels like he's got something to prove and comes out and plays the best hockey of his life...
My understanding of contract law (I'm not a lawyer) is the Leafs could be sued for breach of contract. They have a contractual obligation to play him. He has done nothing to void his contract. I'm not sure there is a defense they could use in a suit. "We wanted to move on" or "he isn't worth the money" would likely not be accepted by a court. McCabe and the NHLPA could also grieve under the collective agreement. Some how the same defense would likely not be accepted either.
ReplyDeleteIt would be called constructive dismissal in employment law. Meaning they had effectively fired him. That means he could ask for his buyout terms.
ReplyDeleteIf it goes to dispute then I guess he could ask for damages. What the NHLPA could do I dont know, I guess it goes to greivance and arbitration.
Anyway, Fletcher hasnt said anything to support the assertion. It has been rumoured but Cliff is too classy to do it. This is posturing on all sides and Healy has a new job so he is trying to make a name for himself, probably to head the players union in the long run.
Let him come to camp, if he performs he performs. If he acts up then you suspend and fine him like you would any player. I suspect McCabe will ride the pine except for some special teams. I think the Leafs will have a really good 6th defenceman.
Sad state of affairs. If this is just about an overgenerous contract it is one thing, if it has to do with being bad in the dressing room and disruptive then thats another item. I dont know if this is really the case?
Call me crazy, but doesn't some of Glenn's comments sound like the Gov't could get the NHLPA classified as a terrorist organization?
ReplyDeleteGlenn better cool it with the language there!
I'm not sure there is a defense they could use in a suit. "We wanted to move on" or "he isn't worth the money" would likely not be accepted by a court. McCabe and the NHLPA could also grieve under the collective agreement. Some how the same defense would likely not be accepted either.
ReplyDeleteSo basically, any defence the Leafs could offer would be ineffective, full of holes, and doomed to failure.
Kind of fitting for a case involving Bryan McCabe, actually.
No one says you can't bench a player, put him in the press box. It's been done before. Send him to the minors, that's allowed... if he clears waivers he plays for the Marlies, if he gets picked up, it's too bad the Leafs didn't get something in return for him, but then he's gone.
ReplyDeleteMy sense is that the Leafs will move him after he is paid his 2 million and he sees the writing on the wall. Talk about being stuborn, I wish he put this kind of energy into his game when he was their number two defenceman. McCabe will not play any games for the Leafs this year, I'm sure of it....
Send him to the minors, that's allowed... if he clears waivers he plays for the Marlies, if he gets picked up, it's too bad the Leafs didn't get something in return for him, but then he's gone.
ReplyDeleteThey can't send him down or place him on his waivers. His no-movement clause covers that too.
Thanks again, JFJ.
Yup, he cannot be moved or traded. Leafs have to honour the contract. For all of the professed love of being a Leaf this is and always will be about money, same with Tucker, same with Kubina...they just wanted their buyout.
ReplyDeleteMcCabe just has to play his way to a position, nothing is guaranteed. If he can then great, he has competition though. He certainly wont be an assistant captain, or is that up to the players?
Where has any Leaf management said they will run him out of town, or prevent him from playing. I think all they have said is that they would like to trade him since they dont see him fitting into their new direction. Thats about as nice a way to put it as can be done.
Unfortunately too many people not directly involved (Media, Glenn Healy) are making statements as if Fletcher said, "McCabe's a bum and I would rather he sit on his couch than don the blue and white"
I think Healy is just trying to make a name for himself. Will be interesting if Burke becomes GM.
Great post. Lots of good comments, too.
ReplyDeleteHealy may be quick with a quote, but his love of hyperbole makes him the last person who should be quoted on a legal matter.
ReplyDeleteThe standard player contract is on page 244 of the CBA. I couldn't find any language that said a team couldn't indefinately scratch a player.
I'm not a lawyer, but I've been party to many firings, dismissals and suspensions where staff are paid to sit at home. Based on my experiences (and way too many meeting with way too many lawyers)as long as the Leafs pay McCabe, I wouldn't think the NHLPA has much traction here.
Based on my experiences (and way too many meeting with way too many lawyers)as long as the Leafs pay McCabe, I wouldn't think the NHLPA has much traction here.
ReplyDeleteI'm not worried about the Leafs losing an arbitration case (they can afford the fine).
I am worried about the NHLPA deciding to paint a target on the Leafs back. Those guys are (generally) a pretty tight bunch. Even a few weeks of NHLPA rhetoric about how the Leafs are a lousy club to play for could do some serious damage to the rebuilding efforts.
I agree with DGB. Fletcher needs to tread a fine line. McCabe's play and desire need to be the driving factor here.
ReplyDeleteIf the coach asks him to do "x" and he doesn't then this is the issue.
Alternatively, who knows, maybe MCCabe will show up and play like he did a couple of years ago....then he has earned his way onto the roster. At that stage who cares if he is playing well and not like a traffic coone.
essentially McCabe has been stripped of his seniority and gets nothing for free. Maybe that is as it should be. respect his contract and respect his ability, assuming he shows it.
McCabe will likely ask for a trade on his own. As Fletch said, come Novemeber solid defenceman seem to be like Hen's Teeth no matter what the situation was in September.
I am sure we'll hear the cries of dont go Bryan then.....I just hope the Leafs get a couple of decent draft picks for him, no bodies, just a 1st round pick from the Islanders will do.
Well at least you have Jeff Finger (92gp, .26ppg) to take McCabe's spot (917gp, .46ppg) if he gets run out of town.
ReplyDeleteWhat a mess.