Wednesday, November 22, 2006

Restrictions on Draft Picks under the old and new NHL CBAs

In response to a question asked on HF Boards, I felt it necessary to do a quick interpretation of the restrictions on draft picks under both the old and new NHL CBA.

I'm not 100% sure that my interpretation is correct, so please inform me of any issues that you notice.

*Note: the following are general statements – even in the “exceptions” my analyses are not precise, and there may be further exceptions.

The old CBA:

Section 8.6 lists the provisions for Reserve List-Exclusive Rights. Basically it says the following:

GENERAL PROVISION: The drafting club retains the exclusive right of negotiation for the player (as against other NHL clubs - but not non-NHL clubs) until the June 1 of the next calendar year (basically - rights for 1 year)

EXCEPTION: If the player plays as an overage player in Major Junior that year, there is a 1 year extension (basically - rights for 2 years)

EXCEPTION: Players drafted out of college - generally, 30 days after the player leaves college. If no offer is made, and he can re-enter the draft. If he isn’t eligible for the draft, it seems he’s a UFA??? Is this the exception that Mike Van Ryn took advantage of??

EXCEPTION: Also - restrictive provisions are under s.10(2) for defective players. This is a difficult section to interpret – but here’s what I think it means:

Applying to draft picks – defected players are players who have been drafted but are playing for any “unaffiliated club” – so basically guys in Russia, Finland Sweden etc…

Defected draft picks are, generally, restricted until the RFA rules say they aren’t an RFA. However, if the player becomes free of obligations to an unaffiliated club, the NHL team may have to tender an offer sheet to retain the player’s rights subject to Article 10.2(b)(vi).

The New CBA:

GENERAL PROVISION: Article 8.6(a)(i) – NHL team that drafts the player gets the exclusive right of negotiation with that player for, approximately 1 year (until June 1 of the next calendar year)

EXCEPTION: 8.6(a)(ii) – If NHL team makes an offer within 1 year, the NHL team’s exclusive negotiation rights extend for 1 year (so – approximately 2 years)

EXCEPTION: 8.6(a)(iii) – if a player entered the draft as a 20 year old, then he re-enters at 22 – the drafting team only gets his rights for 1 year (with NO extension)

FURTHER EXCEPTIONS – Article 8(b) – Drafted Players who leave Major Juniors prior to age 20:

8(b)(i) - If a player is drafted as an 18 year old, stops playing MJ within 1 year of being drafted, NHL club retains the exclusive rights for 4 years after the draft

8(b)(ii) – If a player drafted at 18 stops playing MJ in the 2nd yr after drafted, AND the player has been tendered an offer under s.8(6)(ii) – exclusive rights for 4 years after the draft

8(b)(iii) – If a player drafted at 19 stops playing MJ after 1 year, exclusive rights last for 3 years after draft

FURTHER EXCEPTIONS: Article 8(c) – College Players

8(c)(i) – College player drafted at 18 or 19 – exclusive right until the August 15 following the graduation of his college class

8(c)(ii) – College player drafted at 18 or 19 – does not stay in College until graduating – exclusive rights retained until four years after draft (no offer required)

8(c)(iii) – Player drafted at 18 or 19 who receives a s.8.6(a)(ii) offer and then becomes a College Player – exclusive right until August 15 following the graduation of his college class

8(c)(iv) – Player drafted at 18 or 19 who receives a s.8.6(a)(ii) offer and then becomes a College Player but does not stay in college – exclusive right until 4 years after draft.

FURTHER EXCEPTIONS: Article 10.2(b) - Defected Players

Applying to draft picks – defected players are players who have been drafted but are playing for any “unaffiliated club” – so basically guys in Russia, Finland Sweden etc…

Defected draft picks are, generally, restricted until the RFA rules say they aren’t an RFA. However, if the player becomes free of obligations to an unaffiliated club, the NHL team may have to tender an offer sheet to retain the player’s rights subject to Article 10.2(b)(vi).