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The Rock, NJ • United States • 35 Years Old • Male
When the NHL Players’ Association filed a grievance Monday to dispute the NHL’s rejection of Ilya Kovalchuk’s 17-year, $102 million contract with the New Jersey Devils, it ran the risk of having an arbitrator restructure the contract if he or she sides with the NHL in the matter.

One source close to the situation told THN.com that one of the possibilities would be for the system arbitrator to reform the contract instead of rejecting it and if it were reformed, it would likely be to make the cap hit and salary flat, which would mean Kovalchuk’s contract would pay him $6 million per season for each of the next 17 seasons.

The source said that when the league rejected the contract, it cited two different provisions in Article 26 of the collective bargaining agreement, which deals with circumvention. One of the provisions would call for the contract to be declared null and void if the arbitrator sided with the NHL, the other calls for the arbitrator to reform the contract.

It’s possible, the source said, that the two sides would have a proceeding prior to the arbitration hearing that would spell out which of the two alternatives will be used if the arbitrator sides with the NHL. But since the case will undoubtedly be expedited, it’s possible the two sides could go into the proceedings not knowing what the ramifications are of the outcome.

This would obviously be a bigger problem for the NHLPA than the league. Whether the arbitrator declared the Kovalchuk contract null and void or reworked it to evenly distribute the cap hit, in reality, doesn’t make a huge difference to the NHL. But it would to the NHLPA and Kovalchuk because not only would he not get any front-loaded money, he would have to play 16 years to get the same money he could get in the first 11 years of the current deal.

Under the terms of the CBA, there are several provisions under which the league can reject a standard player’s contract (SPC) or offer sheet.

Under one set of circumstances, if the arbitrator sides with the league, the contract will be, “deemed null and void ab initio (i.e. the player’s free agency and contract status shall revert to the status he held prior to signing his SPC or offer sheet).”

Under another set of circumstances, if the arbitrator sides with the league, he or she, “shall reform the SPC such that if conforms to the requirements of this agreement, in a manner such that the term of the SPC shall not be modified and the aggregate compensation to be paid to the player pursuant to the SPC shall, to the extent possible, be preserved. In such event, immediately upon the issuance of the arbitrator’s decision, the SPC shall for all purposes be deemed to be amended in accordance therewith and the player shall be eligible to play. The player and the club shall be free to agree on a different conforming SPC within three days.”

Which means that if the arbitrator sides with the league and reworks Kovalchuk’s contract, the Devils and Kovalchuk could conceivably come up with another deal that satisfies the league.
Filed Under:   Kovalchuck   new jersey devils  
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Blog Archive

10 On Kovi free agency
12 WOW The Devils Make A Great Move!!!!
12 John MacLean is hands on as Devils open prospects camp
12 Is Ilya Kovalchuk moving closer to signing with Los Angeles?
13 Has Kovalchuck lost his footing with New Jersey Devils Fans?
13 Elias understands Kovalchuk's dilemma
14 Elias excited for what future holds
15 Lots of talk but nothing to announce yet on Kovalchuk
15 Kovalchuk Looking Less and Less Likely for New Jersey Devils
15 Kovalchuk desperately wants to be the highest paid Russian!!
15 Devils don't offer veteran center Eric Chouinard a contract
15 Anton Volchenkov: Devils were my second choice
15 MacLean meets the A-Train
16 Are Ilya Kovalchuk's salary demands tied to Alex Ovechkin?
16 Newly-signed Tyler Eckford wants to play his way into a job
16 Devils' World Won't End if Kovy Bypasses Newark
18 Kings believed they had a 50-50 chance of signing Kovinuts
19 Brian Rolston knows that changes are coming for Devils
19 Devils' signing of Ilya Kovalchuk puts a smile on John Mac!!
19 Dainius Zubrus: signing Ilya Kovalchuk was to shake up the Devils
19 What might happen next?????
20 Who Will Go???
20 Which Contracts Will Lou Dump Now?
20 Left winger Ilya Kovalchuk, there is significance to #17
21 Once Kovalchuk's deal is settled, attention to Zach!!!
21 NHL doesn't believe Ilya Kovalchuk will stay untill Age 44
21 contracts similar to Ilya Kovalchuk's deal with Devils
21 NHL Players' Assocation issues statement On Kovi
21 Lamoriello statement on Kovalchuk signing
21 ’t win Ilya Kovalchuk contract showdown
22 It's in hands of Ilya Kovalchuk and union
22 NHL might have picked wrong fight
22 LA Kings Dean Lombardi backs up Kovalchuck Contract
24 NHLPA to file grievance
25 The Kovi Saga
25 NHL prosecution merely a temper tantrum
26 Devils wait for players' union to file grievance
26 contract could trigger a war between Devils and NHL
27 Decision on Kovalchuk is expected nexty week
28 Kovalchuk contract could be restructured by arbitrator
28 Yann Danis Going to KHL
28 Mark Fraser Signed....
29 Newly-signed Mark Fraser vows to be 'mean, physical Player
30 Arbitrator has been agreed upon
30 Kovalchuck Hearing?????
31 Arbitrator - Richard Bloch a NEw Jersey Native
31 Association agree on arbitrator to rule on Ilya Kovalchuk
03 Kovalchuk will attend contract hearing
03 Devils will wear retro jerseys March 18 vs. Washington
04 D day for Kovi and the Devils
05 Roller Hockey at the Jersey Shore
06 Jim Dowd Shore High School Hockey Game set for Sunday
06 Is this is a set-up between Lou and Gary???
09 The arbitration decision coming today
11 Translated article from soviet sports kovalchuck
11 Devils name Rick Kowalsky head coach at Albany
12 HEATS ON!!!!
12 Where do the Devils stand in the market???
16 Today might be the day
16 90 million over 10-13 for kovi?
16 Russian News Paper Reports Devs and Kovi....
17 Contract submitted???
18 Another Quiet day in the Kovi Front
19 Devils still waiting to see what happens with Kovy
19 “Status Quo” On Ilya Kovalchuk And Devils
20 Devils After Marc-Andre Bergeron???
20 Kovi wants nothing to do with the KHL
20 Elias on the Move???
21 Questions Surround Devils in Wake of Kovalchuck saga
22 Brian Burke Testified Against Ilya Kovalchuk Contract???
22 Devils Bringing Hockey Back To Atlantic City
23 Patrik Elias could be moved to sign fellow winger Zach Paris
23 Today could be the Day!!!
23 News 1130 out of Vancouver Reports on Kovi
23 Possible contract for Kovalchuck
23 Devils add more youth to the roster
23 EJHradek_ESPN Reports NJ Devils meet with the NHL
24 News 12 New Jersey Reports on Kovi Contract...
24 Bryce Salvador to Stars...
25 NHL 2 Devils 0.....
25 Lamoriello not frustrated by Kovalchuk process
25 Commish denies report of deal rejection
26 – NYPOST.com
26 Looks Like KHL is out of the question
27 Could this be finalyy over???
30 Devils could part with Zajac if Kovalchuk stays
30 ’ contract, but Kovalchuk retires
31 ’s official decision on Kovalchuk’s TODAY!!!!!
31 Niemi a Devil?????