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  • Monday, October 18, 1999

    Clash over Yash

    Nasty battle shaping up as NHLPA will defend Alexei

    By BRUCE GARRIOCH -- Ottawa Sun
      The only talking going on in L'Affaire Alexei these days is the war being waged between the NHL and its Players Association.
     Sources say NHLPA officials are outraged with the league's stance that holdout centre Alexei Yashin will owe the Senators another year if he fails to honour the final year of his $3.6-million US contract.
     It's believed the league has already informed the union that if Yashin doesn't suit up for the Senators after the "drop dead date" of Dec. 4, then his final year will be pushed back to next year.
     NHL commissioner Gary Bettman, acting at the urging of Ottawa owner Rod Bryden, set the date because the Senators believe after Yashin misses 27 or 28 games, he won't be effective if he does return.
     While the league and Bryden are well within their rights to set the date, NHLPA head Bob Goodenow isn't going to sit back with his gang of lawyers and take this on the chin.
     "My understanding is that there's a lot of talking going on with a lot of shots being fired back and forth," said an NHL executive. "The league is ready to back Bryden, but the union is right behind Yashin.
     "This is only going to get uglier before it gets any better. There is no question this is going to land in the hands of an arbitrator. The league wants to make an example of Yashin and Bryden is willing to be the test case."
     Under the collective bargaining agreement, the only right the players have is to withhold their services.
     If Yashin doesn't want to pick up his paycheque from the Senators this season, nobody can make him.
     Skating in Switzerland, Yashin is being kept abreast of everything happening around him during daily telephone calls with agent Mark Gandler and isn't concerned.
     The NHLPA contends even if Yashin doesn't work for the final year of his contract, he'll be a Group II restricted free agent next season which means he could receive an offer from another team.
     That's not likely to happen, but the union can't simply let the league dictate new rules.
     There is nothing in the CBA that indicates a contract pushes back a year if a player fails to honour it.
     "The only area that applies is with rookie contracts," said a high-profile player agent. "It says in the CBA quite clearly that if you send a rookie back, then his contract just slides back to the next year.
     "That's not the case here at all. If the NHL gets this ruling, it would basically change the way business is done in the future. Players wouldn't be able to withhold their services which is their last avenue of getting a new contract."
     Not everybody at union headquarters in Toronto is thrilled with Yashin and Gandler's decision to hold out, but the NHLPA has to back one of its members.
     Oddly enough, Yashin is Ottawa's NHLPA rep.
     Bryden is trying to make a power play and force Yashin into honouring the final year of his contract. That won't happen because the latter is determined to sit all season if that's what it takes.
     Bettman wants the league to win this battle with Yashin because it would be another dagger in the players' ability to negotiate.
     Unfortunately for Bettman and Bryden, Yashin and the NHLPA aren't going to go down without a fight.

    OTTAWA SENATORS



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