I assume all the other gm's are as well versed in the cba as i am?
- Tumbleweed
here's articles 1-10 if anyone needs a refresher:
PREAMBLE
PREAMBLE
This Collective Bargaining Agreement, together with all Exhibits hereto ("CBA" or
"Agreement"), which is the product of bona fide, arm's length collective bargaining, is entered
into the 15th day of February, 2013, by and between the National Hockey League, a joint venture
organized as a not-for-profit unincorporated association ("NHL" or "League"), which is
recognized as the sole and exclusive bargaining representative of the present and future Clubs of
the NHL, and the National Hockey League Players' Association ("NHLPA" or "Association"),
which is recognized as the sole and exclusive bargaining representative of present and future
Players in the NHL. The NHL and the NHLPA hereafter shall be referred to collectively as "the
parties". This CBA supersedes and replaces all prior collective bargaining agreements between
the parties.
2
ARTICLE 1
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the following
meanings:
"Accrued Season" means any League Year during which a Player was on a
Club's Active Roster for 40 (30 if the Player is a goalie) or more Regular Season Games,
provided that, for the purposes of calculating an Accrued Season under this Agreement, games
missed due to a hockey-related injury incurred while on a Club's Active Roster shall count as
games played for purposes of calculating an Accrued Season but only during the League Year in
which the injury was incurred and a maximum of one additional season.
"Active Roster" shall be determined as follows: Commencing on the day prior to
the start of the Regular Season, and concluding with each respective Club's last NHL Game in a
League Year, Active Roster shall include all Players on a Club's Reserve List who are signed to
an approved and registered SPC, subject to the provisions of Article 11, and who are not on the
Injured Reserve List, Injured Non-Roster, designated Non-Roster, or Loaned. A Player who is on
a Conditioning Loan is included on a Club's Active Roster. During Training Camp, a Player shall
be deemed to be on the Club's Active Roster only if he had been on the Club's Active Roster
after the Trade Deadline in the preceding season on other than an emergency recall basis.
"Agent Certification Program" means the program by which the NHLPA
certifies agents to represent Players in individual SPC negotiations with Clubs.
"Agreement" or "CBA" or "Collective Bargaining Agreement" means the
Collective Bargaining Agreement in effect between the NHL and the NHLPA as of the Effective
Date.
"All-Star Game" means the hockey game so designated by the NHL in which
All-Star Players play.
"Assign" means the transfer of the rights to a Player and/or any existing SPC from
one Club's Reserve List or Free Agent List(s) to another Club's Reserve List or Free Agent
List(s) via Trade, or Waivers.
"Average League Salary" means, with respect to any League Year, the League
average salary for such League Year determined in accordance with the principles set forth in the
decision of the Arbitrator Nicolau in the average league salary dispute dated March 20, 1995.
"Bona Fide Offer" shall have the meaning set forth in Section 8.6(e) of this
Agreement.
"Bonuses" shall have the meaning set forth in Article 50 of this Agreement.
"Buy-Out" or "Ordinary Course Buy-Out" shall have the meaning set forth in
Section 50.9(i) of this Agreement and Paragraph 13 of the SPC.
3
ARTICLE 1
"Buy-Out Period" shall have the meaning set forth in Paragraph 13(d) of the
SPC.
"Certified Agent" means an agent duly certified by the NHLPA to represent
Players in individual SPC negotiations with Clubs.
"Certified Agent List" shall have the meaning set forth in Section 6.1 of this
Agreement.
"Club" means a Member Club of the National Hockey League, and its assignees,
as set forth in Article 3.1 of the NHL Constitution.
"Club Actor" shall have the meaning set forth in Section 26.2 of this Agreement.
"Club Health Professionals" means a Club's: team physicians, consulting
neuropsychologists, athletic trainers and/or therapists, hospitals, laboratories, clinics, and other
medical or health professionals or organizations.
"Club Personnel" means a Club's coaching staff, owners, presidents, executives,
hockey operations staff, general managers, assistant general managers, human resources
personnel, and Club Health Professionals.
"Commissioner" means the Commissioner of the National Hockey League.
"Commissioner Discipline for Off-Ice Conduct" shall have the meaning set
forth in Section 18-A.1 of this Agreement.
"Comparable Exhibit" shall have the meaning set forth in Section 12.9(g)(v) of
this Agreement.
"Compensatory Draft Selection" means a draft pick awarded to a Club pursuant
to the terms of Section 8.3 of this Agreement.
"Competition Committee" shall have the meaning set forth in Article 22 of this
Agreement.
"Conditioning Camp" shall have the meaning set forth in Section 15.10 of this
Agreement.
"Conditioning Loan" means the Loan of a Player on a Club's Active Roster, for
conditioning reasons, in accordance with the terms of Section 13.8 of this Agreement.
"Defected Player" shall have the meaning set forth in Section 10.2(b) of this
Agreement.
"Deferred Compensation" or "Deferred Salary" shall have the meaning set
forth in Section 50.2(a)(ii)(A) of this Agreement.
4
ARTICLE 1
"Disclosure Statement" shall have the meaning set forth in Section 17.8 of this
Agreement.
"Draft Choice Compensation" means the right of any Club pursuant to Section
10.4 of this Agreement to receive draft pick(s) from another Club, to compensate the Club for the
loss of a Restricted Free Agent.
"Effective Date" has the meaning set forth in Section 3.1(a) of this Agreement.
"Entry Draft" means the NHL's annual draft of Rookie hockey players as
described in Article 8 (Entry Draft) of this Agreement.
"European Player" has the meaning set forth in Section 9.1(c) of this Agreement.
"Exhibition Game" means any game played by a Club that is not scheduled as a
Regular Season Game or Playoff Game, including games played during Training Camp.
"First Refusal Exercise Notice" shall have the meaning set forth in Section
10.3(b) of this Agreement.
"Free Agent" means a Restricted Free Agent and/or an Unrestricted Free Agent.
"Free Agent Lists" shall have the meaning set out in Section 10.3(j) of this
Agreement.
"Goaltender Exemption" shall have the meaning set forth in Section 16.13 of
this Agreement.
"Grievance" shall have the meaning set forth in Section 17.1 of this Agreement.
"Grievance Committee" has the meaning and purpose set forth in Section 17.4 of
this Agreement.
"Group 1 Player" has the meaning set forth in Section 9.1(b) of this Agreement.
"Group 2 Player" has the meaning set forth in Section 10.2(a)(i) of this
Agreement.
"Group 3 Player" has the meaning set forth in Section 10.1(a) of this Agreement.
"Group 4 Player" means a Player who has never signed an SPC and who
becomes a Free Agent after having met the conditions for a Defected Player in Section 10.2(b)(i)
of this Agreement.
"Group 5 Player" shall have the meaning set forth in Section 10.1(b) of this
Agreement.
5
ARTICLE 1
"Group 6 Player" shall have the meaning set forth in Section 10.1(c) of this
Agreement.
"Impartial Arbitrator" means the person authorized by this Agreement to hear
and resolve specified disputes as provided in Article 17 of this Agreement.
"Injured Non-Roster" shall have the meaning set forth in Section 16.11(a) of this
Agreement.
"Injured Reserve List" or "Injured Reserve" means the list of all Players who,
because of injury, illness, or disability are deemed by their respective Clubs to be unable to
render playing services to such Clubs for an extended period of time as set forth in Article 16 of
this Agreement.
"Insured Roster" means the Players under SPC to a Club who, during the NHL
Regular Season or Playoffs, are specifically assigned to such Club, or who are on a Conditioning
Loan in accordance with the terms of this Agreement. During Training Camp, a Player shall be
deemed on the Club's "Insured Roster" only if he had been on the Club's roster after the Trading
Deadline in the preceding season on other than an emergency recall basis.
"International Committee" shall have the meaning set forth in Section 24.1(a) of
this Agreement.
"International Hockey Game" shall have the meaning set forth in Section
24.1(a) of this Agreement.
"League" or "NHL" refers to the National Hockey League.
"League Rules" means the Constitution and By-Laws, resolutions, rules, and
regulations of the NHL (other than this Agreement) and/or any official interpretations of any of
them.
"League Year" means the period from July 1 of one calendar year to and
including June 30 of the following calendar year or such other one year period to which the NHL
and the NHLPA may agree.
"Living Companion" the criteria for Living Companion status is as follows: (a)
the persons are not related by blood; (b) neither person is married; (c) the persons share a
primary residence; (d) the persons have been living together for at least six (6) months and (e)
the persons are at least eighteen (18) years of age.
"Loan" means the transfer of a Player from a Club's Active Roster, Non-Roster,
Injured Non-Roster or Injured Reserve List to the roster of a club outside the NHL.
"Major Juniors" or "Juniors" means the Canadian Hockey League, including the
Western Hockey League, Ontario Hockey League and the Quebec Major Junior Hockey League.
6
ARTICLE 1
"Medical Information" means all medical and/or health information about a
Player including, but not limited to, all past, present or future: health, medical or surgical
records; medical or health questionnaire(s); information relating to any injury, sickness, disease,
condition, medical history, or medical, mental, or clinical status, or diagnosis, treatment or
prognosis; clinical or treatment notes or reports; fitness to play determinations; test results
(including, but not limited to, the results of neuropsychological testing); laboratory reports, xrays
or diagnosis imaging results; and data relating to any testing or medical study.
"Minimum Paragraph 1 Salary" shall have the meaning set forth in Section
11.12 of this Agreement.
"Minors" or "Minor League" means the American Hockey League.
"Minor League Compensation" shall have the meaning set forth in Section 9.4
of this Agreement.
"NHL Games" means Regular Season Games and Playoff Games.
"NHL Season" means the time period corresponding to the Regular Season and
Playoffs.
"NHLPA" refers to the National Hockey League Players' Association.
"Non-Roster" or "Non-Roster List" shall have the meaning set forth in Section
16.12 of this Agreement.
"Offer Sheet" shall have the meaning set forth in Section 10.3 of this Agreement.
"One-Way Qualifying Offer" means a Qualifying Offer that provides for a
Paragraph 1 NHL Salary regardless of whether such Player plays in the NHL or is Loaned.
"Paragraph 1 Minor League Salary" means the salary earned by a Player for
play in the minor leagues, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 NHL Salary" means the salary earned by a Player for play in the
NHL, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 Salary" includes a Player's Paragraph 1 NHL Salary and his
Paragraph 1 Minor League Salary.
"Player(s)" means a hockey player who is party to an SPC, a Rookie, Unsigned
Draft Choices, and Free Agents.
"Player Actor" shall have the meaning set forth in Section 26.2 of this
Agreement.
"Player Salary" shall have the meaning set forth in Article 50 of this Agreement.
7
ARTICLE 1
"Playing Roster" means, with respect to each Club's respective Exhibition Game,
International Hockey Game, and NHL Game, the Players on such Club's Active Roster who are
dressed to play.
"Playing Season Waiver Period" shall have the meaning set forth in Section
13.2 of this Agreement.
"Playoffs," "Stanley Cup Playoffs" or "Playoff Games" means the games or
schedule of games, as appropriate, conducted by the NHL following the conclusion of the
Regular Season, which lead to the determination of the winner of the Stanley Cup
Championship, in accordance with the provisions of Section 27 of the NHL By-Laws and Article
16 of this Agreement.
"Prior Club" means, in any League Year, the Club that contracted with or
otherwise last held the playing rights for a Player for the prior League Year.
"Prior Year's Salary" means, with respect to any Player, the Paragraph 1 Salary,
for the final League Year of such Player's most recent SPC.
"Professional Games" includes the following: any NHL Games played, all minor
league regular season and playoff games and any other professional games played, including but
not limited to, games played in any European league or any other league outside North America,
by a Player pursuant to his SPC.
"Qualifying Offer" shall have the meaning set forth in Section 10.2(a) of this
Agreement.
"Recall" means the transfer of a Player from a roster of a club outside the NHL to
a Club's Active Roster.
"Regular Season Games" or "Regular Season" means the NHL Games or the
time period, respectively, included in the League Schedule of Championship Games.
"Reserve List" means the list of all Players to whom a Club has rights including
all Unsigned Draft Choices, all Players signed to an SPC (whether or not currently playing in the
NHL), and all Players who have signed an SPC but who have subsequently been returned to
Juniors. A Club may have on its Reserve List, at any one time, not more than 90 Players, which
shall include the following:
(a) Not more than 50 Players signed to an SPC and not less than 24 Players and 3
goalkeepers under an SPC. Age 18 and age 19 Players who were returned to Juniors, and who
have not played 11 NHL Games in one season, shall be exempt from inclusion in the 50 Player
limit.
Any Club violating this provision shall be liable to loss of draft choices as determined by
the Commissioner.
(b) Unsigned Draft Choices.
8
ARTICLE 1
"Restricted Free Agent" means a Player whose SPC has expired, but who is still
subject to a Right of First Refusal and/or Draft Choice Compensation in favor of his Prior Club
as described in Article 10 of this Agreement.
"Right of First Refusal" means the right of a Club, as described in Article 10, to
retain the services of certain Players by matching offers made to those Players.
"Rookie" means a hockey player who has never signed an SPC.
"Salary Arbitrator" shall mean the person(s) selected pursuant to Article 12 to
hear and resolve salary arbitration proceedings in accordance with the procedures and terms set
forth in Article 12.
"Signing Bonuses" shall mean any compensation paid for signing an SPC.
"Standard Player's Contract" or "SPC" means the standard form contract
attached hereto as Exhibit 1 which will be the sole form of employment contract used for all
Player signings after the execution of this Agreement.
"Supplementary Discipline for On-Ice Conduct" shall have the meaning set
forth in Section 18.1 of this Agreement.
"System Arbitrator" means the person authorized by this Agreement to hear and
resolve specified disputes as provided in Section 48.5 of this Agreement.
"System Grievance" shall have the meaning set forth in Section 48.1(a) of this
Agreement.
"Trade" means the transfer, other than as a result of a claim by Waivers, from one
Club's Reserve List or Free Agent List to another Club's Reserve List or Free Agent List of a
Player's SPC, the rights to a Player (including his SPC, if applicable) on such Club's Reserve List
or Free Agent List, and/or the rights to a draft choice in the Entry Draft.
"Trade Deadline" shall have the meaning set forth in Section 13.12(j) of this
Agreement.
"Training Camp" means the camp held by Clubs prior to the start of the Regular
Season in accordance with the provisions set forth in Article 15 of this Agreement.
"Two-Way Qualifying Offer" means a Qualifying Offer that provides for a
Paragraph 1 NHL Salary to be effective when the Player is in the NHL, and a Paragraph 1 Minor
League Salary to be effective when the Player is Loaned to a club outside the NHL.
"Unconditional Waivers" means the process by which the rights to a Player are
offered to all other Clubs, without a right of recall at a Waiver price of one-hundred and twentyfive
dollars ($125) prior to a Club exercising its right to terminate a Player's SPC pursuant to
Article 13 of this Agreement and Paragraph 13(a) of the SPC.
9
ARTICLE 1
"Unrestricted Free Agent" means a Player who: (a) has either never signed an
SPC or whose SPC has expired, or has been terminated or bought out by a Club; and (b) who
otherwise is not subject to any exclusive negotiating rights, Right of First Refusal, or Draft
Choice Compensation in favor of any Club (including, without limitation, Players referred to in
Section 10.1 or 10.2(a)(iv) of this Agreement or a Player who becomes an Unrestricted Free
Agent as a result of a Club exercising its walkaway rights under Article 12 of this Agreement).
"Unsigned Draft Choice" means a Player selected by a Club in an Entry Draft,
who has not yet been signed to his first SPC.
"Waivers" means the process by which the rights to a Player are offered to all
other Clubs pursuant to the procedure set forth in Article 13 of this Agreement and shall include
Regular and Unconditional Waivers.
10
ARTICLE 2 2.1-2.3
ARTICLE 2
RECOGNITION
2.1 Recognition. The NHL recognizes the NHLPA as the exclusive bargaining
representative of all present and future Players employed as such in the League by the Clubs, but
not including any other Club employees. The NHL and NHLPA agree that notwithstanding the
foregoing, and to the extent consistent with this Agreement, such Players, acting individually or
through Certified Agents, and Clubs may, on an individual basis, bargain with respect to and
agree upon an individual Player Salary and Bonuses over and above the minimum requirements
established herein and other provisions that are not inconsistent with the terms of this Agreement.
2.2 NHLPA Meetings. The NHLPA may hold meetings at Club facilities with the Players of
each Club during Training Camp and the Regular Season, provided the arrangements for each
meeting have been cleared through the General Manager of the Club involved and that no such
meeting shall interfere with the training, practice or operation of the Club. Clearance shall not be
unreasonably withheld.
2.3 NHLPA Access. The NHLPA shall be provided reasonable access to Club facilities and
Players at reasonable times. Such right of access shall include reasonable access to Conditioning
Camps.
11
ARTICLE 3 3.1-3.2
ARTICLE 3
DURATION OF AGREEMENT
3.1 Term.
(a) This Agreement is effective retroactive to September 16, 2012 (the "Effective
Date"), and shall remain in full force and effect until midnight New York time on September 15,
2022, and shall remain in effect from year to year thereafter unless and until either party shall
deliver to the other a written notice of termination of this Agreement at least 120 days prior to
September 15, 2022 or not less than a like period in any year thereafter.
(b) Notwithstanding anything to the contrary set forth in subparagraph 3.1(a), either
party shall have the right to terminate this Agreement effective midnight September 15, 2020
("early termination") by providing notice as specified hereafter.
(i) The NHL may exercise its option for early termination by delivery of
written notification to the NHLPA of its election to do so on or before
September 1, 2019.
(ii) If the NHL has not already done so, the NHLPA may exercise its option
for early termination by delivery of written notification to the NHL of its
election to do so on or before September 15, 2019.
3.2 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of
the NHL, the Clubs, the NHLPA and all Players, and their respective successors or assigns.
12
ARTICLE 4 4.1-4.3
ARTICLE 4
UNION SECURITY AND CHECK-OFF
4.1 Membership. Every Player has the option of joining or not joining the NHLPA;
provided, however, that as a condition of employment as a Player for the duration of this
Agreement and wherever and whenever legal:
(a) any Player who is, or later becomes, a member in good standing of the NHLPA
must maintain his membership in good standing in the NHLPA; or
(b) any Player who is not a member in good standing of the NHLPA must, on the
30th day following the beginning of his employment as a Player, pay, pursuant to Section 4.2
below or otherwise, to the NHLPA an annual service fee in the same amount as the periodic
dues.
4.2 Check-off. Each Club will deduct from the Paragraph 1 NHL Salary of each Player who
voluntarily authorizes and directs such deduction in accordance with this Article, an amount
equal to the periodic dues and any assessments of the NHLPA. The said amount shall be
deducted from the Player's Paragraph 1 NHL Salary on a monthly basis and shall be remitted by
the Club to the NHLPA. The NHLPA shall advise each Club in writing as to the amount to be
deducted for each deduction period. Each such authorization by a Player shall be in writing in
the form attached hereto as Exhibit 2, and shall be governed by the provisions hereof.
4.3 Indemnification. Consistent with the NHLPA's responsibility to obtain from Players and
file with Clubs written check-off authorizations, the NHLPA shall be solely responsible for
paying refunds to Players for any sums that were deducted not in conformity with the provisions
of the NHLPA Constitution and Bylaws or applicable law. Further, the NHLPA shall indemnify
each Club and the NHL against, and hold them harmless from, any claim paid or incurred on
account of any finding that a deduction or payment of any amount under Section 4.2 hereof was
wrongful or invalid.
13
ARTICLE 5
ARTICLE 5
MANAGEMENT RIGHTS
Each Club, and, where appropriate, the League, in the exercise of its functions of
management, shall in addition to its other inherent and legal rights to manage its business,
including the direction and control of its team, have the right at any time and from time to time to
determine when, where, how and under what circumstances it wishes to operate, suspend,
discontinue, sell or move and to determine the manner and the rules by which its team shall play
hockey. Nothing in this Article shall, however, authorize a Club or the League to violate any
provision of this Agreement or of any SPC.
All of the rights which were inherent in each Club and where appropriate the
League, as owner and operator of its business, including its team, or incident to the management
thereof, which existed prior to the selection of the NHLPA as exclusive bargaining representative
by the Players and which are not expressly curtailed or contracted away by a specific provision
of this Agreement or by any SPC are retained solely by each Club. A Club, and where
appropriate the League, may take any action not in violation of any applicable provision of this
Agreement, any SPC, or law in the exercise of its management rights.
14
ARTICLE 6 6.1-6.5
ARTICLE 6
NHLPA AGENT CERTIFICATION
6.1 Exclusive Representation. The NHL and the Clubs recognize that the NHLPA, in
accordance with its role as exclusive bargaining agent for Players, certifies and regulates the
conduct of agents who are authorized to represent Players in individual SPC negotiations with
Clubs. The Clubs may not engage in negotiations for a Player's individual SPC with any person
other than the Player or an agent certified by the NHLPA ("Certified Agent"). The NHLPA shall,
within three (3) business days following the execution of this Agreement, provide to the NHL in
electronic format a comprehensive list (the "Certified Agent List"), which Certified Agent List
shall set forth: (i) all currently Certified Agents (in alphabetical order by last name), and (ii) for
each Player (in alphabetical order by last name), the name of his Certified Agent(s) (in the event
the Player has more than one Certified Agent, the Certified Agent List shall designate which
Certified Agent is the Player's primary Certified Agent), if any, such Certified Agent's agency
affiliation(s), if any, mailing address, telephone number, e-mail address and facsimile number (if
utilized by the Certified Agent). The NHLPA shall thereafter provide to the NHL in electronic
format, on a weekly basis or more frequently at the NHLPA's discretion, any additions, deletions
or other modifications to the Certified Agent List, and on a monthly basis or more frequently at
the NHLPA's discretion, an updated current and complete Certified Agent List. Clubs will be
required to be in compliance with, and shall be entitled to rely upon, the Certified Agent List
most recently provided by the NHLPA. The NHL and Clubs will not distribute publicly the
Certified Agent List, including posting it on any website.
6.2 Player SPCs. No Club shall enter into an SPC with any Player, and the NHL shall not
register or approve any SPC unless such Player: (i) was represented in the negotiations by a
Certified Agent, or (ii) if Player has no Certified Agent, acts on his own behalf in negotiating
such SPC.
6.3 Indemnification. The NHLPA shall indemnify the NHL and any of its Clubs against, and
save them harmless from, any claim made or judgment incurred on account of its or their refusal
to negotiate with an agent or representative not certified by the NHLPA in accordance with the
NHLPA's Agent Certification Program.
6.4 Agent Certification Program. The NHLPA shall provide to the League an updated
current copy of the Agent Certification Program within seven (7) business days after any
additions, deletions or other modifications have been made thereto, with such additions,
deletions or other modifications clearly indicated thereon. In addition, the NHLPA shall provide
to the League an updated current copy of the Agent Certification Program within seven (7)
business days following any League request therefor.
6.5 No Amendment. In the event the NHLPA wishes to make a material change to the Agent
Certification Program, the NHLPA shall notify the League at least sixty (60) days before such
change is to take effect and shall afford the League a reasonable period of time prior to the
implementation thereof for the purpose of conferring regarding any such changes.
15
ARTICLE 7 7.1-7.3
ARTICLE 7
NO STRIKE, NO DISCRIMINATION AND OTHER UNDERTAKINGS
7.1 (a) Neither the NHLPA nor any Player shall authorize, encourage, or engage in any
strike, work stoppage, slowdown or other concerted interference with the activities of any Club
or of the League during the term of this Agreement. Nor shall any Player decline to play or
practice or in concert with any other person otherwise interfere with the activities of any Club or
the League, or individually or in concert encourage any other Player to do so because of
picketing or a labor dispute involving any other labor organization. The NHLPA shall not
support or condone any action of any Player which is not in accordance with this Section 7.1 and
the NHLPA shall exert reasonable efforts to induce compliance therewith.
(b) Neither the League nor any Club shall engage in a lockout during the term of this
Agreement.
7.2 Neither the NHLPA, the NHL, nor any Club shall discriminate in the interpretation or
application of this Agreement against or in favor of any Player because of religion, race,
disability, color, national origin, sex, sexual orientation, age, marital status, or membership or
non-membership in or support of or non-support of any labor organization.
7.3 Except where otherwise permitted, no Player who is a party to an SPC with a Club shall,
during the term of such SPC, enter into negotiations with another Club.
16
ARTICLE 8 8.1-8.5
ARTICLE 8
ENTRY DRAFT
8.1 General. Commencing with the 2013 Entry Draft and with respect to the Entry Draft to
be held each League Year thereafter, the provisions of this Article 8 shall apply. Each Entry
Draft will be held in June, on a date which shall be determined by the Commissioner.
8.2 Draft Choices. The Entry Draft shall consist of seven (7) rounds, with each round
consisting of the same number of selection choices as there will be Clubs in the League in the
following League Year.
8.3 Compensatory Draft Selections.
(a) In addition to the seven (7) rounds of the Entry Draft, there shall be an additional
number of Compensatory Draft Selections not to exceed the number of Clubs to be in the League
in the following League Year.
(b) In the event a Club loses its draft rights to an Unsigned Draft Choice drafted in
the first round of the Entry Draft (except as a result of failing to tender a required Bona Fide
Offer (as defined below)), who (i) is again eligible for the Entry Draft, (ii) becomes an
Unrestricted Free Agent, or (iii) dies, a Compensatory Draft Selection shall automatically be
granted to that Club, which Compensatory Draft Selection shall be the same numerical choice in
the second round in the Entry Draft immediately following the date the Club loses such rights.
By way of example, if a Club cannot sign the third pick in the first round, it will receive the third
pick in the second round as compensation.
8.4 Eligibility for Claim.
(a) All Players age 18 or older are eligible for claim in the Entry Draft, except:
(i) a Player on the Reserve List of a Club, other than as a try-out;
(ii) a Player who has been claimed in two prior Entry Drafts;
(iii) a Player who previously played in the League and became a Free Agent
pursuant to this Agreement;
(iv) a Player age 21 or older who: (A) has not been selected in a previous
Entry Draft and (B) played hockey for at least one season in North
America when he was age 18, 19, or 20 and shall be eligible to enter the
League as an Unrestricted Free Agent pursuant to Article 10.1(d); and
(v) a Player age 22 or older who has not been selected in a previous Entry
Draft and shall be eligible to enter the League as an Unrestricted Free
Agent pursuant to Article 10.1(d).
8.5 Order of Selection. The League may determine the rules governing the order of selection
among Clubs in the Entry Draft, provided that such rules: (i) shall not in any manner affect or
17
ARTICLE 8 8.6-8.6
enlarge in any respect the selecting Club's rights (including, without limitation, rights of
retention) in respect of such Player, and (ii) are not inconsistent or contrary in any other respect
to any provision of this Agreement, including, without limitation, the procedures set out in
Exhibit 4. In the event that the League proposes a material change to the rules governing the
order of selection in Entry Drafts conducted prior to 1995, as modified by Exhibit 4, the League
shall notify the NHLPA no later than March 1 in the year of the Entry Draft during which such
changes are proposed to take effect, and shall afford the NHLPA a reasonable period of time
prior to the implementation thereof for the purpose of conferring regarding any such changes.
8.6 Reserve List-Exclusive Rights.
(a) Commencing with the 2013 Entry Draft, a Player selected by a Club in the Entry
Draft shall be registered on the Reserve List of the selecting Club as an "Unsigned Draft
Choice."
(i) Subject to the provisions of Sections (b), (c), (d) and (e) below, such
registration shall establish for such selecting Club the exclusive right of
negotiation for the services of each Player selected and registered as
against all other Clubs up to and including June 1 of the next calendar year
following the date of his selection.
(ii) Subject to the provisions of subsection (iii) below and Sections (b), (c) and
(d) below, if, on or before June 1 of the calendar year next succeeding the
Entry Draft, the claiming Club makes a Bona Fide Offer (as defined
below) to its claimed Player of an SPC, the Club shall retain the exclusive
right of negotiation for the services of such Player up to and including the
second June 1 following the date of his selection.
(iii) Notwithstanding anything set forth in subsections (i) or (ii) above, if a
Player is drafted for the first time at age 20 and re-enters the Entry Draft at
age 22, the Club that selects him as a re-entry may retain the exclusive
negotiating rights to the Player for only one (1) year and may not acquire
exclusive negotiating rights to the Player for a second year by extending a
Bona Fide Offer; provided, however, this provision shall not apply to a
Player drafted from a club outside North America for the first time prior to
the 2013 Entry Draft whose rights, under all circumstances, shall continue
to be governed by Section 8.6(a)(ii).
(b) Drafted Players who Leave the Major Juniors prior to age 20.
Notwithstanding any provision of subsection (a) to the contrary, Clubs shall have additional
rights set forth in subsections (i), (ii) and (iii) below with respect to Players who either: (i) were
drafted while playing in the Major Juniors or (ii) other than college players described in Section
(c) below or Players drafted from a club outside North America described in Section (d) below,
play in the Juniors during the period of time that a Club holds their exclusive negotiating rights
and, in either case, cease to play in the Juniors and play in a league other than Juniors prior to
age 20.
18
ARTICLE 8 8.6-8.6
(i) If a Player who is drafted as an 18-year-old ceases to play in the Juniors in
the first League Year after he has been drafted, his drafting Club shall
have the exclusive right of negotiation for his services until the fourth June
1 following his initial selection in the Entry Draft.
(ii) If a Player who is drafted as an 18-year-old ceases to play in the Juniors in
the second League Year after he has been drafted and the Club has
tendered to such Player a Bona Fide Offer pursuant to 8.6(a)(ii), his
drafting Club shall have the exclusive right of negotiation for his services
until the fourth June 1 following his initial selection in the Entry Draft.
(iii) If a Player who is drafted for the first time as a 19-year-old ceases to play
in the Juniors in the first League Year after he has been drafted, his Club
shall have exclusive right of negotiation for his services until the third
June 1 following his initial selection in the Entry Draft. His selecting Club
may retain exclusive rights of negotiation for a fourth year by tendering
the Player a Bona Fide Offer in accordance with 8.6(a)(ii), provided that
such Bona Fide Offer may be made at any time prior to the third June 1
following his initial selection in the Entry Draft.
(iv) With the exception of the rights described in subsections (i), (ii) and (iii)
above, a Player ceasing to play in the Juniors shall have no impact on his
selecting Club's exclusive negotiating rights as set forth in 8.6(a).
(c) College Players.
(i) If a Player drafted at age 18 or 19 is a bona fide college student at the time
of his selection in the Entry Draft, or becomes a bona fide college student
prior to the first June 1 following his selection in the Entry Draft, and
remains a bona fide college student through the graduation of his college
class, his drafting Club shall retain the exclusive right of negotiation for
his services through and including the August 15 following the graduation
of his college class. The Club need not make a Bona Fide Offer to such
Player to retain such rights.
(ii) If a Player drafted at age 18 or 19 is a bona fide college student at the time
of his selection in the Entry Draft, or becomes a bona fide college student
prior to the first June 1 following his selection in the Entry Draft, and does
not remain a bona fide college student through the graduation of his
college class, his drafting Club shall retain exclusive rights for the
negotiation of his services until the later of: (a) the fourth June 1 following
his selection in the Entry Draft, or (b) thirty (30) days after NHL Central
Registry receives notice that the Player is no longer a bona fide college
student; provided that if the Player ceases to be a bona fide college student
on or after January 1 of an academic year and the Player: (1) is in his
fourth year of college and has commenced his fourth year of NCAA
eligibility, or (2) is in his fourth year of college and is scheduled to
19
ARTICLE 8 8.6-8.6
graduate from college at the end of his fourth year, then in the
circumstances described in (1) or (2), the Club shall retain the exclusive
right of negotiation for such Player's services through and including the
August 15 following the date on which he ceases to be a bona fide college
student. The Club need not make a Bona Fide Offer to such Player to
retain such rights.
(iii) If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in
accordance with Section 8.6(a)(ii) above, becomes a bona fide college
student prior to the second June 1 following his selection in the Entry
Draft and remains a bona fide college student through the graduation of
his college class, his drafting Club shall retain the exclusive rights of
negotiation for his services through and including the August 15 following
the graduation of his college class.
(iv) If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in
accordance with Section 8.6(a)(ii) above, becomes a bona fide college
student prior to the second June 1 following his selection in the Entry
Draft and does not remain a bona fide college student through the
graduation of his college class, his drafting Club shall retain exclusive
rights for the negotiation of his services until the later of: (a) the fourth
June 1 following his selection in the Entry Draft, or (b) thirty (30) days
after NHL Central Registry receives notice that the Player is no longer a
bona fide college student; provided that if the Player ceases to be a bona
fide college student on or after January 1 of an academic year and the
Player: (1) is in his fourth year of college and has commenced his fourth
year of NCAA eligibility, or (2) is in his fourth year of college and is
scheduled to graduate from college at the end of his fourth year, then in
the circumstances described in (1) or (2), the Club shall retain the
exclusive right of negotiation for such Player's services through and
including the August 15 following the date on which he ceases to be a
bona fide college student.
(v) If a Player drafted at age 20 or older is a bona fide college student at the
time of his selection or becomes a bona fide college student while his
drafting Club retains exclusive rights, then his drafting Club shall retain
those rights until the later of: (a) the second June 1 following the date of
his selection, or (b) thirty (30) days after NHL Central Registry receives
notice that the Player is no longer a bona fide college student; provided
that if the Player: (1) is in his fourth year of college and has commenced
his fourth year of NCAA eligibility and the Player ceases to be a bona fide
college student on or after January 1 of an academic year, or (2) is in his
fourth year of college, is scheduled to graduate from college at the end of
his fourth year and the Player ceases to be a bona fide college student on
or after January 1 of an academic year, or (3) remains a bona fide college
student through the graduation of his college class, then in the
20
ARTICLE 8 8.6-8.6
circumstances described in (1) or (2) or (3), the Club shall retain the
exclusive right of negotiation for such Player's services through and
including August 15 of that calendar year.
For purposes of the above provisions, the term "graduation of his college
class" shall mean the class with which the Player is scheduled to graduate
during his final semester of attendance (as opposed to his matriculating
class (the class with which he is expected to graduate as of the date of his
original enrollment)). For purposes of clarity, a Player's graduating class
may change during his tenure in college.
Furthermore, a Player shall be deemed to be scheduled to graduate from
college if, at the conclusion of his fourth year of college he would have
been within five percent (5%) of the minimum number of credits required
to graduate, provided, such determination shall be made assuming that in
such fourth year of college Player earned at least the number of credits
equal to the average number of credits for which he had been enrolled
during his first three years of college. It shall be the Player's responsibility
to promptly provide evidence (i.e., official school transcripts and
requirements) that he was or was not scheduled to graduate. Absent
evidence to the contrary, NHL Central Registry shall treat a Player as if he
was scheduled to graduate or remained a bona fide college student through
the graduation of his college class. Furthermore, a Player who is removed
from his Club's Reserve List as a result of the operation of the above
provisions shall be a draft-related Unrestricted Free Agent effective upon
such removal.
Any Club that retains the exclusive rights to a Player who is a bona fide
college student may request, at any time, that such Player promptly
provide a current official school transcript and the school's graduation
requirements.
As a general matter, the above provisions were not intended to cut off, and
shall not have the effect of cutting off, a Club's exclusive negotiating
rights during the period that a Player remains in college.
(d) Players Drafted from a Club Outside North America.
(i) Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if
a Player drafted at age 18 or 19 is drafted from a club outside North
America, his drafting Club shall retain the exclusive right of negotiation
for his services through and including the fourth June 1 following his
selection in the Entry Draft. The Club need not make a Bona Fide Offer to
such Player to retain such rights.
(ii) Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if
a Player drafted at age 20 or older is drafted from a club outside North
21
ARTICLE 8 8.7-8.9
America, his drafting Club shall retain the exclusive right of negotiation
for his services through and including the second June 1 following his
selection in the Entry Draft. The Club need not make a Bona Fide Offer to
such Player to retain such rights.
(iii) Upon the expiration of the applicable exclusive right of negotiation as
outlined in subsections (i) and (ii) above, the Player shall be a draft-related
Unrestricted Free Agent.
(e) A "Bona Fide Offer" is an offer of an SPC which is for a period corresponding to
the Player's age as required under Section 9.1(b) of this Agreement, is to commence at the start
of the next League Year, offers at least the Minimum Paragraph 1 Salary as set forth in Section
11.12 of this Agreement for each League Year covered by such offer and remains open to the
Player for at least thirty (30) days after receipt of the offer by the Player. A Bona Fide Offer
may be conditioned upon acceptance by the Player within thirty (30) days and carries no right to
salary arbitration.
(f) Except as otherwise provided in this Section, a claimed Player unsigned on the
June 1 at 5:00 p.m. New York time next succeeding his draft shall be removed from the Reserve
List of the Club that claimed him.
8.7 Age 18 and 19 Players.
(a) During the first two seasons next succeeding the draft of an age 18 Player, the
Club he signs an SPC with must first offer him to the club from which he was claimed before it
may Loan him.
(b) During the first season next succeeding the draft of an age 19 Player or a Player
who reaches his 19th birthday between September 16 and December 31, inclusive, of the year of
the Entry Draft, the Club he signs an SPC with must first offer him to the club from which he
was claimed before it may Loan him.
(c) During the seasons set forth in (a) and (b) above, the age 18 and age 19 Player,
respectively, may be Loaned to the minor league team affiliate of his Club when his Junior team
is no longer in competition and provided he has been listed on the Club's minor league eligibility
list.
8.8 Assignment of Rights. The rights acquired under the selection process under this Article
shall be transferable without Waivers to any other Club by standard assignment and the
transferee Club shall thereby acquire all of the rights of the original selecting Club.
8.9 Eligibility for Play in the League. No Player shall be eligible for play in the League
unless he:
(a) had been claimed in the last Entry Draft, or was ineligible for claim under Section
8.4; or
(b) had been eligible for claim in the last Entry Draft, but was unclaimed, and:
22
ARTICLE 8 8.10-8.11
(i) had played hockey in North America the prior season and was age 20 or
older at the time of the last Entry Draft, and signed an SPC which was
signed and registered with the League between the conclusion of the Entry
Draft and commencement of the next NHL Season.
(ii) had played hockey in North America the prior season and was under age
20 at the time of the last Entry Draft, and signed an SPC which was signed
and registered with the League between the conclusion of the Entry Draft
and commencement of the Major Juniors season (except that if such
Player had signed an NHL try-out form, which was signed and registered
with the League during the aforesaid time period, then the deadline for
signing and registering with the League an SPC with such try-out Club
shall be the commencement of the NHL Season).
(iii) had played hockey outside of North America in the prior season and was
age 22 or older at the time of the last Entry Draft and signed an SPC which
was signed and registered with the League between the conclusion of the
Entry Draft and the commencement of the next NHL Season.
(iv) The words "eligible for claim in the last Entry Draft" in subparagraph (b)
above mean "eligible for claim in all rounds of the last Entry Draft." The
words "the prior season" in subparagraph (i), (ii) and (iii) above mean "a
full season prior to the last Entry Draft."
8.10 Age of Players. As used in this Article, "age 18" means a Player reaching his eighteenth
birthday between January 1 next preceding the Entry Draft and September 15 next following the
Entry Draft, both dates included; "age 19" means a Player reaching his nineteenth birthday by no
later than September 15 in the calendar year of the Entry Draft; "age 20" means a Player reaching
his twentieth birthday by no later than December 31 in the calendar year of the Entry Draft; "age
21" means a Player reaching his twenty-first birthday by December 31 in the calendar year of the
Entry Draft; and "age 22" means a Player reaching his twenty-second birthday by December 31
in the calendar year of the Entry Draft.
8.11 NHLPA Meeting at Pre-Draft Combine. In the event that the NHL schedules a combine
or any other event involving undrafted hockey Players, the NHLPA shall be entitled to attend
and hold a private and closed meeting of those Players.
23
ARTICLE 9 9.1-9.1
ARTICLE 9
ENTRY LEVEL COMPENSATION
9.1 Applicability and Duration. Effective with SPCs entered into after the execution of this
Agreement:
(a) No Club may enter into an SPC with a Rookie that provides for compensation in
excess of that permitted by this Article.
(b) Subject to subsection (c) below, the period covered by the SPC for every Rookie,
and the number of years that such Player will be in the Entry Level System and subject to the
compensation limits set out in this Article, shall be as indicated on the chart immediately below,
and during such period, the Player shall be deemed to be a "Group 1 Player":
First SPC Signing Age
Period Covered by First SPC
and Years in the Entry Level System
and Subject to Compensation Limits
18-21 3 years
22-23 2 years
24 1 year
25 and older No required number of years, not in the Entry Level
System and not subject to limits on compensation
(c) Notwithstanding the chart set forth in (b) above, a Player who at the time he was
drafted was playing for a team outside North America or who meets the qualifications set forth in
Article 8.4(a)(v) (a "European Player") who signs his first SPC at ages 25-27 shall be subject to
the Entry Level System for one (1) year. A European Player who signs his first SPC at age 28 or
older is not subject to the Entry Level System under any circumstances.
(d) (i) In the event that an 18 year old or 19 year old Player signs an SPC with a
Club but does not play at least ten (10) NHL Games in the first season
under that SPC, the term of his SPC and his number of years in the Entry
Level System shall be extended for a period of one (1) year, except that
this automatic extension will not apply to a Player who is 19 according to
Section 9.2 by virtue of turning 20 between September 16 and December
31 in the year in which he first signs an SPC. Unless a Player and Club
expressly agree to the contrary, in the event a Player's SPC is extended an
additional year in accordance with this subsection, all terms of the SPC,
with the exception of Signing Bonuses, but including Paragraph 1 Salary,
games played bonuses and Exhibit 5 bonuses, shall be extended; provided,
however, that the Player's Paragraph 1 Salary shall be extended in all
circumstances.
24
ARTICLE 9 9.2-9.3
(ii) In the event that a Player signs his first SPC at age 18 and has had his SPC
extended pursuant to Subsection (i), and such Player does not play at least
ten (10) NHL Games in the second season under that SPC, then the term
of his SPC and his number of years in the Entry Level System shall be
extended for one (1) additional year. Unless a Player and Club expressly
agree to the contrary, in the event a Player's SPC is extended an additional
year in accordance with this Subsection, all terms of the SPC, with the
exception of Signing Bonuses, but including Paragraph 1 Salary, games
played bonuses and Exhibit 5 bonuses, shall be extended; provided,
however, that the Player's Paragraph 1 Salary shall be extended in all
circumstances.
(iii) In the event a Player ceases to render his playing services called for under
his SPC (except as a result of injury, illness or disability) during such
period that he is in the Entry Level System, then during such non-playing
period, the Player's number of years in the Entry Level System shall be
extended for a period equal to the remaining unfulfilled portion of his
SPC.
(iv) The return dates to Major Juniors (as established by Agreement between
the NHL and the Canadian Hockey League, dated May 2, 1995 (or any
successor or similar agreement so long as there is no material change in
those return dates)), and the minor leagues (as set forth in Section 8.7) are
hereby confirmed and affirmed and are continued during the term of this
Agreement and any extension hereof (e.g., return dates, prohibition on
sending underage players to minors).
9.2 Age of Players. As used in this Article, "age," including "First SPC Signing Age," means
a Player's age on September 15 of the calendar year in which he signs an SPC, regardless of his
actual age on the date he signs such SPC.
9.3 Entry Level Compensation Limits.
(a) The maximum annual aggregate Paragraph 1 NHL Salary, Signing Bonuses and
games played bonuses permitted to be paid to a Group 1 Player in each League Year of his first
SPC shall be as follows:
Draft Year NHL Compensation
2005 US$ 850,000
2006 US$ 850,000
2007 US$ 875,000
2008 US$ 875,000
25
ARTICLE 9 9.4-9.4
Draft Year NHL Compensation
2009 US$ 900,000
2010 US$ 900,000
2011 - 2022 US$ 925,000
For example, an 18 year old Player drafted in 2013 and signing an SPC at the age of 19 must
sign a three-year SPC, with a maximum compensation of U.S. $925,000 per League Year.
(b) The aggregate of all Signing Bonuses attributable to any League Year to be paid
to a Group 1 Player may not exceed 10% of the Player's compensation for such League Year.
Games played bonuses attributable to a League Year shall be included in compensation for that
League Year at their full potential value (i.e., assuming all such bonuses are earned) and shall be
treated as Paragraph 1 NHL Salary. A Group 1 Player may not contract for or receive any
bonuses whatsoever other than a Signing Bonus, a games played bonus and Exhibit 5 Bonuses.
(c) The provisions of this Article 9 (including without limitation, the terms specified
in Exhibit 5) shall have no application to any Player other than a Player who is subject to the
Entry Level System in accordance with this Article 9.
(d) Draft-related Unrestricted Free Agents will be subject to the maximum annual
aggregate compensation limits set forth in this Section 9.3 applicable in the Entry Draft year
immediately preceding the date on which the Player signs his Entry Level SPC. Such a Player
will be subject to all of the other terms and provisions of this Article 9, including without
limitation, the terms of Exhibit 5 and the maximum annual Signing Bonus for a draft-related
Unrestricted Free Agent will be limited to 10% of the Player's compensation in any League Year.
(e) An SPC for a Group 1 Player, which is filed with Central Registry after the Club's
last Regular Season Game, and which is to be effective for the League Year during which it is
filed, may contain a Signing Bonus payable during that first (the current) League Year only if: (i)
such SPC is a multi-year SPC, (ii) such Club is currently playing in the Playoffs, (iii) such Player
is eligible to play in the Playoffs, and (iv) the SPC is signed and filed with Central Registry by
5:00 pm New York time no later than the day prior to the Club's last NHL Game in that League
Year.
9.4 Minor League Compensation. Each SPC entered into with a Rookie in the Entry Level
System shall automatically be deemed to be a "two way" SPC with a minor league salary equal
to the Paragraph 1 Minor League Salary set forth in such SPC or, if no minor league salary is set
forth, the greater of (i) $35,000 and (ii) the minimum minor league salary provided for Players in
the Minors; provided, however, in no event may such an SPC provide for minor league
compensation, including any bonuses for games played, greater than the amount indicated on the
following chart:
26
ARTICLE 9 9.5-9.7
Draft Year
Maximum Minor League
Compensation
2005 US$ 62,500
2006 US$ 62,500
2007 US$ 65,000
2008 US$ 65,000
2009 US$ 67,500
2010 US$ 67,500
2011 - 2022 US$ 70,000
A Group 1 Player may not contract for or receive any bonuses for minor league service other
than a games played bonus.
The maximum compensation payable to a Group 1 Player who is playing in the Major Juniors
shall be U.S. $10,500 per League Year.
9.5 Exhibit 5 Performance Bonuses. Clubs and Players may negotiate, and a Player who is
subject to the Entry Level System under Article 9 may be paid bonuses for the types of
performance, and in the maximum amounts, set forth in Exhibit 5.
9.6 Loans to East Coast Hockey League. Players who are party to an Entry Level SPC may
be Loaned to the East Coast Hockey League ("ECHL") without the requirement of Player
consent, provided the Player will continue to be paid the stated amount of the AHL portion of his
two-way SPC.
9.7 Games Played Bonuses for Group 1 Players. Games played bonuses may be provided to
a Group 1 Player only for: (i) five (5) games played, (ii) ten (10) games played, and (iii) more
than ten (10) games played. Such bonuses shall be subject to the maximum limit on the amount
payable and subject to the other conditions for such bonuses, as set forth below.
(a) Subject to the Entry Level compensation limits set forth in Section 9.3 above, for
Skaters: (i) bonuses awarded for five (5) games played shall be limited to a maximum of $25,000
in the aggregate; and (ii) bonuses awarded for ten (10) or more games played are not limited as
to the maximum amount of the bonus; and
(b) Subject to the Entry Level compensation limits set forth in Section 9.3 above, for
Goalies: (i) bonuses awarded for five (5) games played shall be limited to a maximum of
$50,000 in the aggregate, with a minimum time-on-ice requirement of at least 30 minutes per
27
ARTICLE 9 9.7-9.7
game; and (ii) bonuses awarded for ten (10) or more games played are not limited as to the
amount of the bonus, and shall not require a minimum amount of time-on-ice in any game; and
(c) Final National Hockey League official statistics shall be utilized in determining
whether a Player earned a game played.
28
ARTICLE 10 10.1-10.1
ARTICLE 10
FREE AGENCY
10.1 Unrestricted Free Agents.
(a) Group 3 Players and Free Agents.
(i) 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 a League Year, shall, if his most recent
SPC has expired, with such expiry occurring either as of June 30 of such
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.
(ii) An Unrestricted Free Agent shall not be subject to any limitations on the
period of time before which he may qualify as an Unrestricted Free Agent
again, or to any limitations on the number of times he may become an
Unrestricted Free Agent, except for a Group 5 Player, who may only elect
to become a Group 5 Player once, but who may qualify to be another type
of Unrestricted Free Agent in accordance with the terms of this
Agreement.
(b) Group 5 Free Agents.
(i) Means any Player who has completed ten (10) or more professional
seasons (minor league or NHL seasons, but excluding any season in Major
Juniors), and who did not earn in the final year of his SPC more than that
year's Average League Salary, provided that such Player has not
previously elected to become an Unrestricted Free Agent pursuant to the
terms of Section 10.1(b)(ii) below or the terms governing Group 5 Free
Agents in any collective bargaining agreement preceding this Agreement.
For the purposes of the foregoing, the term "professional season" shall:
(A) for a Player aged 18 or 19, mean any season in which such Player
plays in eleven (11) or more Professional Games (including NHL Regular
Season and Playoff Games, minor league regular season and playoff
games, and games played in any European professional league, while
under an SPC), and (B) for a Player aged 20 or older, mean any season in
which such Player plays in one or more Professional Games (including
NHL Regular Season and Playoff Games, minor league regular season and
playoff games, and games played in any European professional league,
while under an SPC).
(ii) Any Group 5 Player shall be entitled at the expiration of his SPC to elect
to become an Unrestricted Free Agent by notifying in writing the League
29
ARTICLE 10 10.1-10.1
and his Prior Club, in accordance with Exhibit 3 hereof, of such election
on or before July 10 (or such other date as may be agreed in an applicable
critical date calendar agreed to by the League and the NHLPA) of the
League Year in which such Player qualifies to become a Free Agent
pursuant to this subsection. Upon making such election, 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.
(c) Group 6 Free Agents.
(i) Means any Player who is age 25 or older who has completed three (3) or
more professional seasons, whose SPC has expired and: (i) in the case of a
Player other than a goaltender, has played less than 80 NHL Games, or (ii)
in the case of a goaltender, has played less than 28 NHL Games (for the
purpose of this definition, a goaltender must have played a minimum of
thirty (30) minutes in an NHL Game to register a game played). For the
purposes of the foregoing, the term professional season shall: (A) for a
Player aged 18 or 19, mean any season in which such Player plays in
eleven (11) or more Professional Games (including NHL Regular Season
and Playoff Games, minor league regular season and playoff games, and
games played in any European professional league, while under an SPC),
and (B) for a Player aged 20 or older, mean any season in which such
Player plays in one or more Professional Games (including NHL Regular
Season and Playoff Games, minor league regular season and playoff
games, and games played in any European professional league, while
under an SPC).
(ii) Any Group 6 Player shall, at the expiration of his SPC, become an
Unrestricted Free Agent and 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.
(d) Draft-Related Unrestricted Free Agents.
(i) Any Player not eligible for claim in any future Entry Draft pursuant to this
Agreement and not on a Club's Reserve List shall be an Unrestricted Free
Agent. Further, any Player eligible for claim in the Entry Draft, but who
was unclaimed, shall be an Unrestricted Free Agent subject to the
provisions of Section 8.9(b).
(ii) Each Player referred to in subsection (d)(i) above shall, during the period
of his Free Agency in accordance with Section 8.9(b), if applicable, be
30
ARTICLE 10 10.2-10.2
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 subject to the provisions of Article 9 of this
Agreement, if applicable, and without being subject to any Right of First
Refusal, Draft Choice Compensation or any other compensation or
equalization obligation of any kind.
10.2 Restricted Free Agents.
(a) Group 2 Players and Free Agents.
(i) (A) Any Player who meets the qualifications set forth in the following
chart and: (1) is not a Group 1 Player or a Group 4 Player, and (2) is not
an Unrestricted Free Agent, shall be deemed to be a "Group 2 Player" and
shall, at the expiration of his SPC, become a Restricted Free Agent. Any
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 any such Player, subject to the provisions set forth in this Section. As
used in this Section 10.2, "age," including "First SPC Signing Age" means
a Player's age on September 15 of the calendar year in which he signs an
SPC regardless of his actual age on the date he signs such SPC.
First SPC Signing Age Eligible for Group 2 Free Agency
18 - 21 3 years professional experience
22 - 23 2 years professional experience
24 or older 1 year professional experience
For the purposes of this Section 10.2(a), a Player aged 18 or 19 earns a
year of professional experience by playing ten (10) or more NHL Games
in a given NHL Season, and a Player aged 20 or older (or who turns 20
between September 16 and December 31 of the year in which he signs his
first SPC) earns a year of professional experience by playing ten (10) or
more Professional Games under an SPC in a given League Year.
(B) Notwithstanding the foregoing, if a Group 2 Player requests salary
arbitration, or a Club requests salary arbitration, pursuant to Article 12,
such Player will not be eligible to negotiate with any Club other than his
Prior Club or sign an Offer Sheet pursuant to this Article 10, except as
provided in Sections 12.3(a) and 12.10.
(ii) In order to receive a Right of First Refusal or Draft Choice Compensation
(at the Prior Club's option) with respect to a Restricted Free Agent, the
Prior Club of a Restricted Free Agent must tender to the Player, no later
than 5:00 p.m. New York time on the later of June 25 or the first Monday
after the Entry Draft of the final year of the Player's SPC, a "Qualifying
Offer", which shall be an offer of an SPC, for one League Year, which is
subject to salary arbitration if such Player is otherwise eligible for salary
31
ARTICLE 10 10.2-10.2
a
