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Heatley's NTC no longer valid in San Jose?

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The Silfer Server
davetherave
beerandsens
SensFan71
PTFlea
SensGirl11
shabbs
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SensFan71


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All-Star

M_Christopher wrote:Yeah, so from what I could find out, Heatley's NMC is still intact.

The only time a player loses his NMC is if he is moved (waivers or trade) prior to his NMC or NTC kicking in and his new team decides against it.

that makes the most sense, so whereever this generated from, it's someone talking through their a$$

shabbs


Hall of Famer
Hall of Famer

M_Christopher wrote:Yeah, so from what I could find out, Heatley's NMC is still intact.

The only time a player loses his NMC is if he is moved (waivers or trade) prior to his NMC or NTC kicking in and his new team decides against it.
So then let's call THN out on that one!

I'll send something their way... heh heh.

TheAvatar


Veteran
Veteran

Well, it's not unthinkable that the Sharks could have made the deal conditionally; They would have told Heatley "we'll only do this deal if you agree to rip off the NTC from the contract"; essentially renegociating part of the agreement. I assume that Heatley would have accepted that since it's still beats having to play in Ottawa.

I'm not saying that's what happened but I think that could have happened.

M_Christopher

M_Christopher
Sophomore
Sophomore

TheAvatar wrote:Well, it's not unthinkable that the Sharks could have made the deal conditionally; They would have told Heatley "we'll only do this deal if you agree to rip off the NTC from the contract"; essentially renegociating part of the agreement. I assume that Heatley would have accepted that since it's still beats having to play in Ottawa.

I'm not saying that's what happened but I think that could have happened.

It's possible, but it would be a verbal agreement (meaning Heatley could screw them to) as under the CBA you can't modify contracts. (Have to buy them out and resign them...)

http://www.hockeybuzz.com/blog.php?blogger_id=121

shabbs

shabbs
Hall of Famer
Hall of Famer

shabbs wrote:
M_Christopher wrote:Yeah, so from what I could find out, Heatley's NMC is still intact.

The only time a player loses his NMC is if he is moved (waivers or trade) prior to his NMC or NTC kicking in and his new team decides against it.
So then let's call THN out on that one!

I'll send something their way... heh heh.
I flipped Proteau a note... we'll see what he says. I asked for explicit proof that his NTC is no longer valid (ie: a CBA reference or an explanation from the NHL). We shall see...

wprager

wprager
Administrator
Administrator

Section 11.8 of the CBA (2005 version -- were there any updates or amendments?):

11.8 Individually Negotiated Limitations on Player Movement.

(a) The SPC of any Player who is a Group 3 Unrestricted Free Agent under Article 10.1(a) may contain a no-Trade or a no-move clause. SPCs containing a no-Trade or a no-move clause may be entered into prior to the time that the Player is a Group 3 Unrestricted Free Agent so long as the SPC containing the no-Trade or no-move clause extends through and does not become effective until the time that the Player qualifies for Group 3 Unrestricted Free Agency. If the Player is Traded or claimed on Waivers prior to the no-Trade or no-move clause taking effect, the clause does not bind the acquiring Club. An acquiring Club may agree to continue to be bound by the no-Trade or no-move clause, which agreement shall be evidenced in writing to the Player, Central Registry and the NHLPA, in accordance with Exhibit 3 hereof.

(b) A no-move clause may prevent the involuntary relocation of a Player, whether by Trade, Loan or Waiver claim. A no-move clause, however, may not restrict the Club's buy-out and termination rights as set forth in this Agreement. Prior to exercising its Ordinary Course Buy-Out rights pursuant to Paragraph 13 of the SPC hereof, the Club shall, in writing in accordance with the notice provisions in Exhibit 3 hereof, provide the Player with the option of electing to be placed on Waivers. The Player will have twenty-four (24) hours from the time he receives such notice to accept or reject that option at his sole discretion, and shall so inform the Club in writing, in accordance with the notice provisions in Exhibit 3 hereof, within such twenty-four (24) hour period. If the Player does not timely accept or reject that option, it will be deemed rejected.

The only condition under which the acquiring team has an option to honor or reject the NTC/NMC is when the clause had not gone into effect at the time of the trade (a player not having yet met all the conditions of being a Group 3 UFA.

As far as I know, Heatley was already a Group 3 UFA-eligible player, so the NTC/NMC would have been already in effect.

Just to be sure, I checked the definition of the Group 3 UFA:


10.1 Unrestricted Free Agents.

(a) Group 3 Players and Free Agents.

(i) For (A) the 2005-06 League Year, any Player who is 31 years of age or older and has four (4) Accrued Seasons as of June 30 of the end of the 2004-05 League Year, (B) the 2006-07 League Year, any Player who either has eight (8) Accrued Seasons or is 29 years of age or older as of June 30 of the end of the 2005-06 League Year, (C) the 2007-08 League Year, any Player who either has seven (7) Accrued Seasons or is 28 Years of age or older as of June 30 of the end of the 2006-07 League Year, and (D) the 2008-09, 2009-10, 2010-11 League Years, any Player who either has seven (7) Accrued Seasons or is 27 years of age or older as of June 30 of the end of the 2007-08, 2008-09, 2009-10 League Year, shall, if his most recent SPC has expired, with such expiry occurring either as of June 30 of the applicable League Year or June 30 of any prior League Year, become an Unrestricted Free Agent. Such Player shall be completely free to negotiate and sign an SPC with any Club, and any Club shall be completely free to negotiate and sign an SPC with such Player, without penalty or restriction, or being subject to any Right of First Refusal, Draft Choice Compensation or any other compensation or equalization obligation of any kind.

Even if the lockout year did not count as NHL service year (which, I believe, it did) the 2008/09 season was Heatley's 7th in the league. He was also 28 as of June 30 this year.

So he is Group 3 eligible. Bottom line, there is nothing that prevents his NTC/NMC from coming into effect, and once they are in effect, a trade or the player being picked off waivers does not change that status.


_________________
Hey, I don't have all the answers. In life, to be honest, I've failed as much as I have succeeded. But I love my wife. I love my life. And I wish you my kind of success.
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shabbs

shabbs
Hall of Famer
Hall of Famer

That was my take on the CBA's statement as well. His NTC/NMC was already in place and in effect... therefore it goes with him and remains valid in San Jose. Not sure what Proteau is thinking... THN is never wrong are they? BWAHAHAHAHAHAHAHAHA!

wprager

wprager
Administrator
Administrator

Maybe they missed the fact that he was already a Group 3 eligible player (7+ season or 28 years old). Maybe thy thought that older rules applied. Like the 2006-07 rules state you have to have 8 season or be 29 years old. Was his contract signed during the 06-07 season? I didn't think so.


_________________
Hey, I don't have all the answers. In life, to be honest, I've failed as much as I have succeeded. But I love my wife. I love my life. And I wish you my kind of success.
- Dicky Fox

asq2

asq2
All-Star
All-Star

SensGirl11 wrote:Seriously though, he might have an okay year in SJ, but I think his days of Eliteness are almost over for him. We got out of it right on time. He did us a favour. Now we have a young stud in Michalek, 4 years his junior, and a possible come back kid in Cheechoo. Even if Cheechoo doesn't get back to his old self, I'm still happy with the trade.

Apparently he's on the 2nd PP unit in SJ too. Too funny.

He had a hattrick last night. That gives him 9 points on the season, one off Backstrom's scoring lead.

The Sens have only scored 7 goals so far.

He's still pretty dang elite.

asq2

asq2
All-Star
All-Star

SpezDispenser wrote:That doesn't make sense. Heatley waived his NTC to go to the Sharks, then when the Sharks accepted him, the full contract was also accepted - WITH the NMC. NMC don't go away like that, it's part of the initial contract.

EDIT: Also, I find THN to be sliding down a slippery slope of not really getting stuff correct lately, so that raises a slight concern as well. I'm curious though...someone sniff out the facts!

Heatley's NTC no longer valid in San Jose? - Page 3 50327

Some typos as well. Ryan "Kessler," etc.

Guest


Guest

asq2 wrote:
SensGirl11 wrote:Seriously though, he might have an okay year in SJ, but I think his days of Eliteness are almost over for him. We got out of it right on time. He did us a favour. Now we have a young stud in Michalek, 4 years his junior, and a possible come back kid in Cheechoo. Even if Cheechoo doesn't get back to his old self, I'm still happy with the trade.

Apparently he's on the 2nd PP unit in SJ too. Too funny.

He had a hattrick last night. That gives him 9 points on the season, one off Backstrom's scoring lead.

The Sens have only scored 7 goals so far.

He's still pretty dang elite.

He wouldn't have scored that here though and our record would be worse than what it is now I think....

PTFlea

PTFlea
Co-Founder
Co-Founder

asq2 wrote:He had a hattrick last night. That gives him 9 points on the season, one off Backstrom's scoring lead.

The Sens have only scored 7 goals so far.

He's still pretty dang elite.

Good for him, it was bound to happen, he's got skills. We'll see how it all ends after a year in the West, but not too shabby.

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