Extra MustardSI On CampusFantasyPhoto GalleriesSwimsuitVideoFanNationSI KidsTNT

NHL lockout glossary

Helping you understand the game's many issues

Posted: Tuesday January 11, 2005 9:42AM; Updated: Tuesday January 11, 2005 10:30AM
Free E-mail AlertsE-mail ThisPrint ThisSave ThisMost PopularRSS Aggregators
Bob Goodenow
Bob Goodenow is the leader of the players' union.
Dave Sandford/Getty Images

Baffled by the NHL lockout, which threatens an entire season? Here is a glossary of terms that will help you understand what is happening, what might happen and what won't happen:

Across-the-Board Pay Cut: In December, NHL players offered to accept a 24 percent pay cut to save the season and the sport. It is one of the most remarkable offers in the history of player-union bargaining. Sports labor legend Marvin Miller, the former head of the baseball players' association and the ultimate union man, was so upset by the hockey players' generosity, he sputtered in disbelief. The owners refused any consideration of the offer, claiming it did not address the NHL's biggest problems.

Antitrust Litigation: When bargaining fails, players turn to antitrust courts and demand treble damages. It worked for players in the NFL and NBA. When this process begins, prolix terms such as "decertification," "monopsony" and "labor exemption" invade the sports pages. It's not a pretty sight. But if there is no agreement, Bob Goodenow, the leader of the NHL players' union, may pursue this path. It will be confusing and unpredictable. It's a last resort.

Audit: Commissioner Gary Bettman and NHL owners spent $1 million for an "audit" of league finances by Wall Street icon Arthur Levitt. Relying on Levitt's "audit," owners claimed losses of $273 million in the 2002-03 season and another $223 million last season. The Levitt "audit" actually is a review of league finances. It lacks the certifications of a typical corporate audit, and it fails to document income from luxury boxes, club seats, arena advertising and naming rights. Instead of resolving financial issues, it has added new issues and added to player suspicion. (See also entry for "Trust.")

Bad Faith: This accusation comes up in every bargaining situation. But bad-faith bargaining would be an improvement on the current NHL situation, in which there is zero bargaining.

Conway, Russ: Using his vast array of NHL sources on both sides of the dispute, the Hall of Fame hockey writer formulated a detailed and imaginative proposal for settlement. It features elimination of arbitration, a tier system for paying players, free agency after 500 games or age 28, and other mechanisms that could easily be acceptable to both sides. (View the entire proposal.) It's a good plan that a majority of owners could easily support. (See also entry for "Eight Votes.")

Criminal Element: Adding to NHL turmoil is a history of crimes and misdemeanors involving the founder of the players' union, several owners and some team officials. Their list of indiscretions and the time they've spent or may soon spend in prison seem to dwarf those in all other sports. (See also entries for "Eagleson, Alan;" "Grundman, Irving;" "Jabick, Heather;" "Kumar, Sanjay;" "McNall, Bruce;" "Rigas, John;" "Spano, John;" and "Okubo, Takashi.")

Decertification: This is the first step in a shootout between players and owners based on American antitrust laws. If the union gives up on collective bargaining (a likely prospect), it would then decertify itself and sue the owners for antitrust violations. But because of an opinion by Justice Stephen Breyer of the U.S. Supreme Court in an NFL players' union antitrust case, the law is murky and uncertain. It's a bizarre opinion that has confounded legal scholars since the day it was issued. Goodenow says he's not interested in this process now. Let's hope so.

Deterioration of the Game: Scoring has dropped an average of only five goals per game. Defense is dominant, and the game is increasingly boring. Hockey is the only sport that awards a point in the standings for merely reaching overtime. Reform proposals abound: eliminate the red line, reduce the size of goalies' pads, change the size of the goal or the goal apparatus, etc. But all attempts to improve the game are stalled by the lockout.

Drop-dead Date: When will the lockout reach the point at which the entire season must be canceled? Jan. 14 was viewed as the drop-dead date for owners to vote to call off the season, but Bettman canceled the meeting. Why doesn't Bettman want to meet with his owners? Is he worried that some of them are losing faith in his strategy?

Eagleson, Alan: The founder of the players' union and the first agent to represent an NHL player, Eagleson was charged with defrauding the NHLPA by a grand jury in 1994 and sentenced to 18 months in prison. He resigned from the Hockey Hall of Fame in 1998. Goodenow had to start from ground zero when he replaced Eagleson, who remains a hero to several owners. Eagleson's corrupt behavior remains a factor in NHL labor problems.

Eight Votes: Thanks to rule changes made in the past two years, Bettman needs the support of only eight of 30 owners to keep the lockout going. If NHL owners voted 22-8 to end the lockout and make a deal with the players, the lockout would continue.

Expansion Fees: For many years, NHL owners enjoyed enormous payments from the sale of teams in new markets. With the market clearly saturated and no possibility of expansion income, owners face a financial structure that grew into a problem while they enjoyed the expansion money.

Grundman, Irving: A former GM of the Canadiens, Grundman pled guilty to accepting a $75,000 bribe to change city zoning bylaws while serving in the government of a Montreal suburb.

Impasse: After the season is canceled, the next step in the lockout process is the owners' declaration of an impasse. They will claim the players are not bargaining in good faith and the impasse entitles the owners to impose their own work rules. (See also entries for "Decertification," "Implementation" and "Scabs.")

Implementation: The next step after impasse; this is the point at which the owners impose their system for salaries and free agency and all the things you typically see in a union agreement. It's a risky step for the owners because it is fraught with legal pitfalls. The baseball owners tried this strategy in 1995 and were humiliated in court. But it could be a part of Bettman's master plan. (See also entry for "Scabs.")

Jabick, Heather: An accountant for the Islanders, Jabick was charged with looting corporate accounts of at least $174,000. The Islanders' history of scandal is breathtaking. (See also entries for "Kumar, Sanjay" and "Spano, John").

Kumar, Sanjay: A co-owner of the Islanders, Kumar was indicted for securities fraud and other federal charges. He denies wrongdoing (don't they all?) and awaits trial.

McNall, Bruce: He owned the Los Angeles Kings for nine years, traded for Wayne Gretzky and was viewed as the leader of the new breed of NHL owners. He went to jail for stealing more than $236 million and wrote a book about his downfall titled Fun While It Lasted.

NBA Conspiracy Theory: Try to stay with us on this. Bettman is a protégé of NBA commissioner David Stern. The two lawyer-commissioners come from the same New York law firm. Bettman followed Stern to the NBA and worked for him there. Eight NHL owners also own NBA teams. Thirteen NHL buildings also have NBA tenants. The NBA is about to begin labor negotiations on its collective bargaining agreement, which expires at the end of this season. Stern likely wants the NHL to go first to help him obtain what he wants from the NBA players' union. So we could have two leagues in lockout mode.

Okubo, Takashi: The former owner of the Tampa Bay Lightning, Okubo was described by a source in one lawsuit as being a "gangster" and a member of a Japanese mob organization known as "yakuza," a group that has been known to launder money through sports enterprises. Under Okubo's leadership, the Lightning were one of the worst franchises in sports and nearly went bankrupt until Bill Davidson's remarkable rescue.

Rigas, John: Once the beloved owner of the Buffalo Sabres, Rigas was convicted of corporate theft in the operation of the Adelphia cable TV empire. Investigators discovered that he purchased the Sabres with stolen corporate funds. He and his son are awaiting sentencing.

Scabs: The owners' euphemism is "replacement players." After impasse and implementation, the owners open training camps to scab players, hoping to push the union to settlement. It worked for NFL owners in 1987. It was a disaster for MLB owners in 1995.

Spano, John: A great con artist, Spano managed to "buy" the Islanders for $165 million in 1997 with support from Bettman. He ran the team for eight months without making the proper payments before Bettman and the former owners figured out they had been snookered. Spano was arrested for fraud and went to jail.

Trust: The final item in this glossary is also the last thing you will see in the relationship between NHL owners and players. They view each other with scorn and contempt. Any partnership to save the game must begin with trust, and there is none on the horizon. (See also entries for "Audit" and "Criminal Element.")

Sports Illustrated legal analyst Lester Munson regularly Holds Court on sports law and business matters on SI.com.

Search