Hey, look, kids!

One year later, the new collective bargaining agreement (1.88M .pdf file) is at last up on the NHLPA’s Web site. Have a lawyer and an accountant on retainer before opening.

The old CBA was 164 pages; this one is 454 471 (forgot the table of contents).

(Hat tip to the great Tom Benjamin, on whose blog I first saw the link… And I think the answer to the question Tom poses in the following post is, for good or ill, “Charles Wang.”)

EDIT 6/12: For some reason, I’m going through and noting all the changes between the last CBA and this one. This project might suddenly grind to a halt if I regain my senses, but for now, click the continue-link below to read what’s been compiled to date:

This not only assumes some familiarity with the old CBA, it kind of assumes you have it in front of you. Both assumptions are dangerous, but I’m not trying to copy the thing, just to point out where it has changed.

Section numbers refer to the new CBA unless otherwise noted.

Throughout, there are several minor wording changes that I have not noted, unless there’s a really good reason. For instance, where “Player Contract” in the old form has become “SPC” in the new form, we’ll let that ride.

And yes, I might eventually translate this into English. I’m less clear in some places here than was the original legalese.

————–
PREAMBLE – nearly identical except dates (boilerplate)

1-Definitions
Adds an incredible amount of terms probably better defined within the text, such as “Assign,” “Trade,” “All-Star Game,” “Bona Fide Offer,” “CBA,” “Bonuses,” etc. In fact, many terms, like the free-agent group definitions, are defined in the text (as they are in the old one).
Deletes “Compensation,” “Currency Exchange Ratio,” “Exhibit 5 Performance Bonuses,” “NHL Minimum Compensation” (there’s probably a joke there), “New Club” (good riddance), “Player Contract.”
Definitions for Group V and Group VI players move to the text. Other modifications are included.
The entry for “Deferred Compensation” moves the reference from 9.5 to 50.2(a)(ii)(A), and if all those notes ain’t foreshadowing, I dunno what is.

2-Recognition
2.1 – Removes reference to “special covenants” in an SPC
2.3 – Deletes subsection on “Conflicts,” which read, “No player directly or indirectly shall represent any other player in the League except through the NHLPA, or have any financial interest or participation in any entity that represents players except the NHLPA.”

3-Duration
3.1(a) – The term is retroactive to 9/16/04 and runs through midnight NYC time on 9/15/11. Of course, it would then remain in effect until someone says they want out.
3.1(b) – Adds the NHLPA’s reopener clause, with notice at least 120 days before 9/15/09. They may also extend the agreement through 2012 with written notice.

4-Union Security
Identical.

5-Management Rights
Identical.

6-NHLPA Agent Certification
6.1 – Changes some wording. Requires the NHLPA to provide agent information to the league but prohibits the league from distributing it.
6.4 – A new section on the NHLPA’s agent certification program, which must be provided to the league.
6.5 – This is the old 6.4, No Amendment (without 60 days’ notice and conference).

7-No Strike, No Discrimination and Other Understandings
7.2 – It’s 2005 – adds “sexual orientation” to the no-discrimination clause.

8-Entry Draft
8.2 – Draft down to 7 rounds
8.3(a) – changes number of rounds
8.3(c) – Deletes compensatory draft picks for losing a UFA.
8.4(a) – Drops eligibility age from 19 to 18.
8.4(a)(iv) – Makes more specific the requirements for age-21 players to be draft-exempt.
8.4(a)(v) – Adds an exemption for players age 22 or older who are eligible under 10.1(d) to join as a UFA.
Deletes 8.4(b), which was the opt-in for 18-year-olds.
8.6 is amended heavily.
8.6(a)(iii) – A North American player drafted for the first time at age 20 and re-enters at 22 is only held for one season.
8.6(b) gives teams rights up until the fourth June 1 after drafting 18-year-old
draftees who leave Major Junior early, and until the third June 1 for 19-year-old draftees, or four with a contract offer.
8.6(c) gives teams a little less time to sign a college student who remains a college student: till Aug. 15 after his graduation, rather than 180 days plus till the next June 1. If he leaves college, his drafting team keeps his rights for four years after drafting him. The exception is in part (v): A college player drafted at 20 or older remains property of his drafting club until either the second June 1 after his draft, or if he’s still in school, the Aug. 15 after his graduation date.
8.6(e) changes the time when a player gets kicked off the reserve list, from June 2 to June 1, 5 p.m.
8.9 drops the old 8.9(a) (which referred to the 1994 supplemental draft) and moves (b) up to (a). It adds (iii), which makes undrafted Europeans age 22 or older eligible to be signed between the draft and the beginning of the next season; the old (iii) moves to (iv).
8.11 is changed from the expiration of rights (which is now blown up in 8.6) to the right of the NHLPA to hold a meeting at any NHL draft combine.

9 – Entry-Level Compensation
9.1 – adds (c), which says a European player age 25-27 will be subject to the rookie cap for one season. The old (c) moves to (d).
9.1(d)(i) and (ii) add an explicit note that, if an 18- or 19-year-old doesn’t play 10 NHL games, all his contract terms except signing bonus are extended for a year, unless expressly noted to the contrary.
9.1(d)(iii) removes a reference to “becomes a defected player” from a clause automatically extending a player’s stay under the rookie cap if he does not render services.
9.3 – compensation limits – and here we are at the nitty gritty.
9.3(a) This number used to only include games-played bonuses; it now also includes signing bonuses. (All figures US) Draft year: 2005, 2006: $850,000. 2007, 2008: $875,000. 2009, 2010: $900,000. 2011, 2012 (if the NHLPA extends): $925,000.
9.3(b) Signing bonuses may now not exceed 10 percent of a player’s
compensation; it used to be that signing, reporting and roster bonuses could not exceed 50 percent. To cut some loopholes: “A Group I Player may not contract for or receive any bonuses whatsoever other than a Signing Bonus, a games played bonus and Exhibit 5 Bonuses.”
The old 9.3(c) is eliminated; it noted that this article did not limit Exhibit 5 bonuses.
The old 9.3(d) is now (c); a new 9.3(d) fixes a draft-related UFA within the rookie-cap constraints of the immediately previous entry draft.
9.4 – If no minor-league salary is written into the contract, the it’ll be the greater of (a) $35,000 native currency (up from $25,000 US) and (b) the minimum minor-league salary. There’s also a minor-league entry-level cap: Draft year: 2005, 2006: $62,500. 2007, 2008: $65,000. 2009, 2010: $67,500. 2011, 2012 (if the NHLPA extends): $70,000. (All of these are native currency.) The only minor-league bonus allowed is for games played. A Group I player in Major Junior may earn no more than $10,500.
The lengthy old 9.5, Implementation, has been eliminated.
The old 9.6, Exhibit 5 performance bonuses, is now 9.5 and is shorter, simply saying entry-level players are eligible for performance bonuses.
The old 9.7, Player Contract Extensions, remains as new 9.6.
A new 9.7 allows Group I players to be assigned to the ECHL without consent, though they’ll still be paid their AHL salary.

10 – Free Agency
Notes: The second-most disappointing thing about this CBA is that the old roman-numeral designation for free-agency groups has been replaced by arabic-numeral designation — i.e., Group 6 instead of Group VI. There was a certain archaic panache to the IIIs and VIs. Anyway. Also, throughout, the old CBA’s the draft-choice compensation chart has moved from Section 10.5 to 10.4 (see below). Another thing throughout: all required notices — to the league, to the PA, to other clubs, to central registry — are now codified within Exhibit 3 at the end of the CBA.
10.1(a)(i) – The big changes to Group 3, making younger players free sooner. The old rule was 31 years old as of June 30 with four accrued seasons. The new rules: Either eight accrued seasons or 29 years old for this summer’s crop; seven accrued seasons or 28 years old for Summer 2007; seven accrued seasons or 27 years old for every summer thereafter. The other language remains the same.
10.1(b) – Group 5 is now defined in the text as subsection (i), with the former main body now subsection (ii). The definition is essentially identical.
10.1(b)(ii) – Date to elect Group 5 status is now July 10 instead of July 15.
10.1(c) – Group 6 is now defined in the text as subsection (i), with the former main body now subsection (ii). It’s now clarified that, for the purposes of the definition, “a goaltender must have played a minimum of thirty (30) minutes in an NHL Game to register a game played.” (Was it Dunham or Schwab? I’m getting old.) As “NHL Game” is now defined (back in Article 1) to include playoff games, that note is removed from this definition.
10.2(a)(i)(B) – Adds a reference to a club requesting salary arbitration to the old note about a player requesting salary arbitration (and how he can no longer negotiate with other teams).
10.2(a)(ii) – Moves up the date by which teams must tender a qualifying offer. It’s now 5 p.m. on the later of June 25 or the Monday after the entry draft; it used to be June 30. The new qualification thresholds, based on last year’s salary: (A) if less than or equal to $660,000, 110 percent; (B) greater than $660,000 but less than $1 million: 105 percent, but not to exceed $1 million; (C) $1 million and up, that same number again. There’s also (D), which requires the minor-league salary to be at least the previous year’s number, and no lower than the minor-league minimum.
(So yes, if you make more than $952,380.95 but less than $1 million, your qualifying raise will be a funny percent. And if you’re making between $660,000.01 and $676,097.56, get your agent to make up the difference.)
Qualifying offers may not be accepted before July 1 for some reason. The new CBA says the team has to provide the player with the notice attached as Exhibit 19 (the offer sheet) in accordance with Exhibit 3 (all the many places to fax it).
10.2(a)(iii) – Qualifying offer has to be one-way if the player did not clear waivers “in the period between the 12th day prior to the commencement of the previous Regular Season and the end of a Club’s previous Playing Season.” This used to be garden-variety “not cleared waivers in the previous season.”
10.2(a)(iv) – In addition to failing to make a qualifying offer, adds that a team must also fail to elect salary arbitration before a player becomes a UFA. Takes out that a team may withdraw its qualifying offer on or after Aug. 1, because…
10.2(a)(v) – …qualifying offers now expire July 15 at 5 p.m. EDT. A team may extend the qualifying offer deadline to a fixed date of its own choosing.
10.2(b) – dealing with Group IV, defected free agents, is essentially identical, except where references to Section 10.4 become references to Exhibit 3, and references to Section 10.5 become references to Section 10.4, and where qualifying-offer dates have changed.
10.3(b) – Prior Club must now give the player’s agent notice that it’s exercising right of first refusal.
10.3(f) – Removes a line that said a team couldn’t offer “any item of property or investments as part of the Principal Terms contained in an Offer Sheet.”
10.3(i) – If an arbitrator shoots down an offer sheet, just as the player may then be eligible to elect arbitration, the club may also take him to arbitration.
10.3(j) – The league must now give the PA a tentative free agent list on May 15; the PA will address discrepancies by June 1. There’s a no-pissing-contest clause in here, too.
10.3(k) – The league will give the PA the final FA list before it issues the press release. “Information shall not be selectively withheld for some Players but not others.”
10.3(l) – Those FA lists will be sent electronically; the PA can only circulate them to agents and players; agents and players can’t circulate them to anyone.
The old 10.4 – “Notices, etc.” — is now, essentially, Exhibit 3. So, the NEW 10.4 is the old 10.5, draft-choice compensation for teams that don’t exercise the right of first refusal:

Beginning next summer, those figures will increase by the same percentage by which the average league salary has increased from a year earlier. Teams still have to use their own draft picks as compensation. They may reacquire their own draft picks if they have to. A team owing one, two or three picks in different rounds must have them available for the next draft. Other requirements are basically the same.
The old 10.6 noted that the old Group I, Group II and Group III free agency rules had been eliminated; that section is also now gone. It’s scary to think that these group definitions have now been gone 12 years… and I honestly don’t remember what the rules were.

11 – Rules and Procedures Governing Standard Player’s Contract
(First change is the name: Used to be “Salary and Awards; Standard Player’s Contract”)
This article has been dramatically rewritten, with some articles combined, others broken out, new additions throughout. Rather than go section-by-section, I’ll try to hit highlights.
11.1 – The SPC has changed. It’s still provided as Exhibit 1. Old contracts will be honored except as modified by the new CBA.
11.4 – Group 2 free agent SPCs will be null and void if not filed by Dec. 1, 5 p.m. EST.
11.5 – Central Registry’s records are the final judgment, absent evidence to the contrary. Teams must file their SPCs or offer sheets by 5 p.m. New York time. During the season (and a week before), the league will approve or reject a contract by 5 p.m. the next business day. During the offseason, the league will have five days. The league will provide the PA with a list of approved and rejected contracts and will give reasons for rejections. The PA may dispute the rejections by the next day at 5 p.m., or within five days during the offseason.
11.6(a)(i), (iii) and (v) – If the league rejects a contract for violating the cap, and
the PA disputes the league’s ruling, the arbitrator will rule within 48 hours; meanwhile, the
player can’t play. If the arbitrator agrees with the PA, the player gets paid as if the contract
was originally approved; if he misses a games-played bonus by one game, the arbitrator
can award that to him. .
11.6(a)(ii) and (iv) – If the league rejects a contract NOT because of the cap, and
the PA disputes, the player MAY play. If the arbitrator agrees with the league, he will fix
the SPC so it fits the CBA.
11.6(a)(vi) – Interesting. If there’s a deadline coming (to sign draft picks, etc.) and
a player’s contract is rejected for violating the cap, the team and player have 48 hours to
draft a new contract.
11.6(b), (c) – Lots of legalese about how the league goes about challenging
contracts for violating the cap, and the appeals process thereafter.
11.7 – No team bonuses.
11.8 – The no-trade-clause clause (formerly 11.2). The rules and regs are
essentially the same, as the old CBA’s legalese essentially covered only Group III players,
and the new CBA just says “a Group 3 (UFA).” A new section (b) says a no-trade clause
doesn’t prevent a team from buying a player out; however, the player may choose to be
put on waivers before the buyout.
11.9 (“General”) is the old 11.3. Section (a) cuts all the disclosure regs and just
says a team can’t make payments that aren’t allowed under Article 50.
11.9(b) – adds “or permit” to “shall require” in a sentence about a club paying
anything other than what’s in a contract. A line is removed about a team’s obligations
under an agreement between a player and “any Club or Club Affiliate.”
11.10 (“No Renegotiation”) is an addition – no renegotiation on any existing
contract (extensions are OK).
11.11 (Conformity) is the old 11.4.
11.12 (“Minimum Paragraph 1 Salary”) is the old 11.5. The new minimums are: for
2005-06 and 2006-07, $450,000; 2007-08 and 2008-09, $475,000; 2009-10 and 2010-11,
$500,000; 2011-12, $525,000. The minor-league part can be no lower than $35,000 native
currency or the minor-league minimum.
11.13 – No option years or voidable years. (Old option-year rules were in 11.6.)
The old 11.7 (“Undisclosed Terms”) and 11.8 (“Injury/Salary Arbitration”) are
eliminated.
11.14 is the old 11.9; identical otherwise.
The old 11.10 (“All-Star Game Payments”) is eliminated.
11.15 (“Default”) is the old 11.11. Adds (f), which gives the team and the league a
chance for arbitration to dispute a player’s call of default.
11.16 – No selling of contracts; no including cash in a transaction.
11.17 – NHL contracts are paid in U.S. dollars; minor-league salaries can be paid
in native currency.
11.18 – A team may buy out three contracts during the duration of the agreement
at times other than the normal buyout period, and then not on someone earning less than
$1 million, and then not if they had only one salary arbitration hearing in the previous
summer.
Speaking of…

12 – Salary Arbitration
Clubs can now take players to arbitration, so there’s lots of language change to
reflect that.
12.1(a) – Basically, everyone is eligible for arbitration a year earlier than they used
to be; everyone age 24 and up is eligible after one year’s experience.
12.2 – Player must request arbitration by July 5, 5 p.m. EDT.
The rest of the old 12.2 is broken up and rewritten, beginning with 12.4.
12.3(a) and 12.4(a)- A team can take to arbitration a player who made more than
$1.5 million the year before, rather than make him a qualifying offer. The player cannot
have his salary cut more than 15 percent. The team has to make that choice by the later of
June 15 or 48 hours after the Finals end.
12.3(b) and 12.4(b)- After a qualifying offer, a team can take him to arbitration.
He cannot be forced to take a pay cut. The team has to make that choice by July 6, 5 p.m.
EDT.
12.3(c) – A player can only be taken once in his career to a club-elected arbitration.
12.3(d) – A team can only take two players to arbitration in each year.
12.5(a-c) are the old 12.2(b-d) and are essentially the same.
12.6 is the old 12.2(e)(i).
12.7 (Scheduling) is what was covered in the old 12.2(e)(ii) and 12.3. Straight out
of the playground, the NHL and the PA now take turns assigning arbitration cases to
individual arbitrators.
12.8 is the old 12.4. The NHL and the PA now only have until Dec. 5 to fire an
arbitrator.
12.9 is the old 12.5.
12.9 (b) now limits briefs to 40 pages, down from 50. “The minimum
spacing shall be double, and the font shall be Times New Roman.” My
history professors didn’t do this.
12.9(c) breaks out the election of term into its own section; it used to be part of
12.5(b). Reflecting the rules change, it’s now the party who didn’t file for arbitration who
picks whether the award will be for one year or two.
So throughout the rest of 12.9, each letter subsection in the new form is one higher
than in the old 12.5, beginning with 12.9(d), the old 12.5(c):
12.9(d) – Parties now have 90 combined minutes for case and rebuttal, down from
90 minutes for case and 30 for rebuttal.
12.9(g)(iii) – (inadmissible categories to consider) Categories were arabic-
numeraled in the old CBA and are now lettered in the new one; adds (C) (Qualifying
offers); (J) (references to the cap or floor or player share); (K) (2005-06 arbitration
awards); (L) (references to arbitration opinions from before 2005).
12.9(g)(iv) – breaks out a paragraph from the old 12.5(f)(iii)
The old 12.5(f)(iv) is broken out into 12.9(g)(v-vi).
12.9(g)(v) no longer refers to the “Joint Exhibit” with all salaries; the “Comparable
Exhibit,” with all salaries eligible for arbitration comparison, remains. League and PA must
exchange data by June 5.
12.9(g)(vi) adds reference to the league and PA updating the Comparable Exhibit
daily up until five days before arbitration hearings start.
Adds 12.9(g)(vii) – Group 2 players who will be Group 3 at the end of the contract
will be included on the Comparable Exhibit.
12(h) – Stats kept electronically will be sent back and forth electronically if that’s
how they’re kept. The RTSS stats have to be sent to the NHLPA.
12(j) – Transcripts are now mandatory.
12(k) – The party that elected arbitration goes first.
12(n)(i) – Arbitration decision must now be sent by e-mail as well as fax, and it
must be issued within 48 hours regardless of when the hearing was completed.
12(n)(ii) – Removes category C, which allowed the arbitrator to include bonuses in
the decision.

To be continued… I hope