NHLPA files grievance on behalf of Mike Richards

[CarltonTheBear]

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‏@NHLPA
The NHLPA has filed a grievance on behalf of Mike Richards contesting the termination of his contract by the LA Kings.

‏@reporterchris
The NHLPA has requested an expedited hearing for Mike Richards. The timing of his grievance still hasn't been determined.



I was actually just wondering what was going on with this. Haven't heard much since the news of his termination broke.

 

[WhatIfGodWasALeaf]

I wonder what the ramifications would be for LA should this be overturned, they'd be over the cap by quite a bit, no?

 

[CarltonTheBear]

I wonder what the ramifications would be for LA should this be overturned, they'd be over the cap by quite a bit, no?

That depends on what the NHL does with Voynov, and I don't think anybody really knows what his situation is for this upcoming season. But the Kings could easily fit one of them under the cap, just not both.

 

[LuncheonMeat]

I wonder if Richards has put himself in a position where he'll no longer be able to cross the border? That's the only reason I can see that LA could terminate his contract.

 

[bustaheims]

That depends on what the NHL does with Voynov, and I don't think anybody really knows what his situation is for this upcoming season. But the Kings could easily fit one of them under the cap, just not both.

Well, the Kings have suspended Voynov without pay because of other violations of his contract (he injured himself in non-hockey related activities, I believe). So, he's not a cap concern at the moment. I imagine he won't be re-instated any time soon.

 

[CarltonTheBear]

Well, the Kings have suspended Voynov without pay because of other violations of his contract (he injured himself in non-hockey related activities, I believe). So, he's not a cap concern at the moment. I imagine he won't be re-instated any time soon.

Ah, right, I actually forgot about the injury thing. The original report in April said that the recovery time would be about 4 months. So he'll likely be healthy and out of jail by the time the season starts.

 

[bustaheims]

Ah, right, I actually forgot about the injury thing. The original report in April said that the recovery time would be about 4 months. So he'll likely be healthy and out of jail by the time the season starts.

Yeah, maybe. At that point, the league will have to make a more specific decision about their suspension - he's currently suspended indefinitely, but he still counts against the cap.

 

[CarltonTheBear]

Eric Marcamalla, a sports law and business expert, has been following this situation from the get-go. Here's his latest recap of the situation, with a pretty good explanation of why the termination of Richards' contract will likely not be upheld:

http://www.forbes.com/sites/ericmacramalla/2015/08/12/mike-richards-so-what-now/

 

[bustaheims]

I wonder if Richards has put himself in a position where he'll no longer be able to cross the border? That's the only reason I can see that LA could terminate his contract.

Based on the article CtB posted, it might be the only bullet they really have. If he's not allowed to cross the border, he cannot fulfill the terms of his contract - especially if the issue is that he's not allowed to entire the US. That usually requires charges to be filed, though.

 

[rdowdall]

I wonder if Richards has put himself in a position where he'll no longer be able to cross the border? That's the only reason I can see that LA could terminate his contract.

Based on the article CtB posted, it might be the only bullet they really have. If he's not allowed to cross the border, he cannot fulfill the terms of his contract - especially if the issue is that he's not allowed to entire the US. That usually requires charges to be filed, though.

Also isn't there a precedent with Bob Probert and Detroit?  He wasn't allowed to enter Canada for a period of time either and his contract was upheld.  Or would precedents be thrown out the door with each new CBA?

 

[bustaheims]

Also isn't there a precedent with Bob Probert and Detroit?  He wasn't allowed to enter Canada for a period of time either and his contract was upheld.  Or would precedents be thrown out the door with each new CBA?

Changes to the CBA or the league's drug policy could definitely make a precedent like Probert's moot. So could changes to the laws and the way they're enforced. If Richards can't enter Canada, then he may have a case, as games in Canada represent only a small percentage of his season. If, however, he's stuck in Canada and can't enter the US, the Kings probably have a pretty strong case for termination.

 

[CarltonTheBear]

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Richards has now been charged with illegal possession of a controlled substance, is scheduled to appear in court on September 10th. Not good news for Richards, but as that link I posted before shows the CBA has a pretty clear-cut procedure for how to handle cases like this and termination isn't involved.

 

[cabber24]

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Richards has now been charged with illegal possession of a controlled substance, is scheduled to appear in court on September 10th. Not good news for Richards, but as that link I posted before shows the CBA has a pretty clear-cut procedure for how to handle cases like this and termination isn't involved.

More ammunition for the Kings to justify terminating Richards' contract. It still kind of irks me that teams can be the judge and jury based on whether or not they want to keep the player or not. If your a great player it's less likely a team will punish you. ie. Varlamov.

Remember the Kings terminated the contract before charges were laid.

 

[CarltonTheBear]

Another new detail from TSN/Westhead:

Canadian border guards found ?some pills in a single bottle? during a random search of Richards? car and he was arrested by RCMP, a source told TSN. ?It was clearly a small quantity intended for his personal use,? the source told TSN.

...

Under Canada's controlled drug and substances act, prosecutors will be able to choose whether to proceed with the case summarily, which is typically the case for first-time offenders, or through an indictment, which is used for repeat and serious offenders.

If prosecutors proceed summarily, Richards faces a maximum $1,000 fine or up to six months in prison. If prosecutors proceed by indictment, he faces up to seven years in prison.

Very small amount of pills, first-time offender, he'll likely pay a tiny fine and do some community service. Really can't see any way this warrants a contract termination.

 

[AvroArrow]

Very small amount of pills, first-time offender, he'll likely pay a tiny fine and do some community service. Really can't see any way this warrants a contract termination.

His cap hit and term warranted contract termination in the best interests of the team.  This event simply gave them the opportunity to do so.

Not saying I agree with it, but they saw an easy way out and took advantage of it.  Just another loop hole being exploited.

 

[Kin]

His cap hit and term warranted contract termination in the best interests of the team.  This event simply gave them the opportunity to do so.

Not saying I agree with it, but they saw an easy way out and took advantage of it.  Just another loop hole being exploited.

Except, as has been pointed out, there really doesn't seem to be a loophole here. LA just thinks they can interpret the contract language this way.

 

[cabber24]

His cap hit and term warranted contract termination in the best interests of the team.  This event simply gave them the opportunity to do so.

Not saying I agree with it, but they saw an easy way out and took advantage of it.  Just another loop hole being exploited.

Except, as has been pointed out, there really doesn't seem to be a loophole here. LA just thinks they can interpret the contract language this way.

It is also morally corrupt to punish accordingly to what's best for the team and not the crime it self. I believe the NHL needs to be the judge and jury not the team. Based on the severity of a players crime they are suspended from the NHL by the NHL for x-amount of time. No contracts can be terminated.

 

[CarltonTheBear]

His cap hit and term warranted contract termination in the best interests of the team.  This event simply gave them the opportunity to do so.

Not saying I agree with it, but they saw an easy way out and took advantage of it.  Just another loop hole being exploited.

Like Nik said, this loophole doesn't actually exist though. The CBA clearly outlines what has to happen when a team is faced with a player who is abusing drugs/alcohol. And termination isn't one of the steps outlined. There is a very good reason that this area was collectively bargained for, and that's because the life of a NHL player can easily lead to substance abuse. We've obviously seen the worst-case scenarios for something like this more times than we should have (Belak, Rypien, Boogaard). The NHL and the team that a player has a contract with has an obligation to assist these players when they get caught up in this stuff, not toss them to the curb because they're an inconvenience.

 

[Frank E]

His cap hit and term warranted contract termination in the best interests of the team.  This event simply gave them the opportunity to do so.

Not saying I agree with it, but they saw an easy way out and took advantage of it.  Just another loop hole being exploited.

Like Nik said, this loophole doesn't actually exist though. The CBA clearly outlines what has to happen when a team is faced with a player who is abusing drugs/alcohol. And termination isn't one of the steps outlined. There is a very good reason that this area was collectively bargained for, and that's because the life of a NHL player can easily lead to substance abuse. We've obviously seen the worst-case scenarios for something like this more times than we should have (Belak, Rypien, Boogaard). The NHL and the team that a player has a contract with has an obligation to assist these players when they get caught up in this stuff, not toss them to the curb because they're an inconvenience.

To be fair though, we really don't know what transpired here.  There could be other factors that haven't be revealed yet.

 

[bustaheims]

Very small amount of pills, first-time offender, he'll likely pay a tiny fine and do some community service. Really can't see any way this warrants a contract termination.

This could still result in border crossing issues - and, being that he's being charged on the Canadian side, that would mean the issue would be with getting into the US. So, LA might still have a case.