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"Quasi GM"
Moncton, NB • Canada • 37 Years Old • Male

Cherry checkmates Fehr

Posted 3:04 PM ET | Comments 13
Don Cherry is making headlines these days by saying that the NHLPA should be put to a vote on the latest offer that the NHL submitted to the PA. Of course, Fehr is not likely to do it, but when we see why, the reasons are suspect.

The reasons not to put things to a vote are as follows:
1. Lose respectability from other players and get chastised for opposition.
2. Undermines the solidarity of the NHLPA to not follow Donald Fehr.

Both, however, are countered by Cherry's proposal of putting it to a secret vote. Targeting the first point, the secret vote would allow players to freely express their opinion towards the CBA without the fear of getting chastised by the other players. Targeting the second point, the NHLPA truly wouldn't have any solidarity if Fehr only represents a minority of the players rather than the majority of them. Fehr would no longer be relevant to represent the NHLPA if they outvoted the NHL's initial proposal on the contract limits.

Cherry knows that the players would vote against it and so would Fehr. Their union is something of 700 strong and only 80 or so of them have terms for longer than 5 years. And they wouldn't care about the variability. In my opinion, they could probably bring that number up to 10%.

Fehr won't put it to a vote because if he gets outvoted, he's no longer relevant. Do you really think he's going to put the proposal to a vote? Of course not, a) he knows he'd lose, b) he'll also lose credibility. There's no reason not to have the vote, but he won't do it.

Filed Under:   cherry   fehr   cba   nhlpa   nhl  
December 10, 2012 10:16 AM ET | Delete
I don't know about the NHLPA's rules regarding voting, but I suspect "secret votes" are not allowed. On the "contract limit / variation" rule, everyone likes to say "well, it only affects __ players" but that argument swings both ways - both against the NHLPA and the NHL. If the NHL really thinks a contract is potentially cap-circumventing, it has/had Article 26 (the "No Circumvention" clause) it could always use to investigate; why hasn't the NHL exercised that power?
December 10, 2012 12:42 PM ET | Delete
Irish, that clause allows to investigate but too much interpretation
December 10, 2012 2:06 PM ET | Delete
That clause also doesn't require evidence "beyond a reasonable doubt" - circumstancial evidence is acceptable, as well as a finding that an SPC or some provision of it "cannot be reasonably explained in the absence of conduct prohibited by this Article 26." In short: if it looks like a duck, and it sounds like a duck, you don't need to actually see the duck.
December 10, 2012 4:33 PM ET | Delete
cherry should know that there no longer is an official offer on the table from the nhl, it was yanked last on thursday...therefore, there is no proposal to for the players to vote on
December 10, 2012 4:38 PM ET | Delete
second...i don't understand why most of the players would vote against it...most of the players are "middle class"...a five year max would put most of the money into the elite players pockets...the rest of the team would need to be filled by rookies, third/fourth liners, and borderline nhl'ers to stay under the cap...my guess is that most, including the vast majority of "middle class" players would vote against it
December 10, 2012 4:43 PM ET | Delete
finally, richard cloutier is an owner tool...i don't know where he's from, but bettman ate up the good canadian hockey boys last time around...the only way to fight a ny lawyer like him is to higher someone his eqaul or better...hence the hiring of donald fehr...i love what fehr's doing
December 10, 2012 7:45 PM ET | Delete
One problem with the entire premise Fehr doesn't decide if it goes to a vote. The board of Club Player Representatives decide that. Fehr as Executive Director certainly has influence over them. But he does not have a vote.
December 11, 2012 8:49 AM ET | Delete
@mjl...real nice work throughout this lockout...emotionally detatched with wll thought out posts and some documentation to back your opinion...that as opposed to the many, many emotionally overcharged haters...kinda reminds me of the last presser in ny when fehr remained cool and the nhl "dynamic duo" lost it (love that move by fehr)
December 11, 2012 10:51 AM ET | Delete
I bet b0s0o1 is humming, " You don't get me, I'm part of the union" as he types. Union tool.
December 11, 2012 2:41 PM ET | Delete
sorry i offended you, alleycat..."union tool" seems to be a little harsh, though, how about friend of the players?
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