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Thursday, October 7, 1999
Union backs Yash
Source says NHLPA will fight to prevent Sens from forcing Yashin to fulfil deal
Now that NHL commissioner Gary Bettman has come out in support of the Senators' contention that Yashin cannot become a restricted free agent if he doesn't play this season, the league has put itself in position for a legal battle with its union.
An NHL Players Association source told the Sun last night Yashin could be forced to take his case to an independent arbitrator next summer to determine his free agency status.
"The way I see it, they're going to have to get an arbitrator if this gets to that point," said the source. "Both sides are going to disagree and I think the NHL is willing to take on Yashin in this case.
"There's nothing in the Collective Bargaining Agreement that says he shouldn't be a free agent. All the CBA says is that players who hold out won't be paid. It doesn't say anything about the player owing his team another year on the contract."
Set an example
The case could become an acid test for the NHL as many of its teams try to rein in runaway salary increases.
"The league would love to make an example out of Alexei Yashin and they're willing to use this one as a test case because if they get a judgment, it's going to be a precedent setting case," the source said. "A win by the league would affect all holdouts in the future."
The Senators contend Yashin should be denied the right to become a free agent because he's not willing to fulfil the final year of his existing five-year, $13-million US contract ... a deal he signed during his last holdout.
Yashin, who didn't report for camp last month and was suspended, is prepared to sit all season and hopes to attract a Group II offer next summer. He is training with a pro team in Switzerland.
If a team -- like the New York Rangers -- made an offer to Yashin, the Senators could match in Canadian dollars and the league's assistance program would pay the exchange rate.
No offers?
"I don't think it's going to matter, because he's not going to get a Group II offer anyway," said the source. "He's a great player, but I just don't think there's any team in that position to make an offer.
"I'm just not sure what they're going to accomplish with this holdout. I'd like to say (Yashin's agent) Mark Gandler is giving him bad advice, but I don't know what he's being told by Yashin in this case."
The source doesn't believe the Senators' case would stand up in court, but nobody is willing to predict what might happen in front of an arbitrator.
"In my opinion, Yashin isn't going to owe them another year, but when you go to an arbitrator it's like throwing a ball in the air. You just don't know what way it's going to go," said the source.
"The Senators could get sympathy from the arbitrator. It's pretty clear that if you send a rookie back, his contract just slides to the next year. There's nothing about a contract sliding back in the case of a holdout."
Senators president Roy Mlakar, GM Marshall Johnston and Gandler all refused comment yesterday.
Gandler learned of the league's position in a meeting with Bettman at the league's head office at a disciplinary hearing for Anaheim's Ruslan Salei. "I'm just not going to say anything," said Gandler.
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