The story so far...
NHL Executive Director Paul Kelly was fired after a late-night vote of player reps led by legal advisor Ian Penny, on the advice of a former judge who was once friends with disgraced PA director Alan Eagleson, as well as on the rumored advice of former PA ombudsman Eric Lindros who had butted heads with Kelly, all over the objections of veteran player rep Chris Chelios.
That led to most of Kelly’s supporters and PA associates quitting the PA in disgust amid questions by many players over the justification for Kelly’s firing, coming to a head in a recent player conference call when Penguins captain Sidney Crosby instructed Penny, now interim PA director,to get off the line.
A four-play group led by Chelios was established to review the circumstances surrounding Kelly’s firing as well as how the PA conducts its business, leading to Penny's resignation claiming he’d been undermined by Chelios (overlooking what he did to Kelly) and ombudsman Buzz Hargrove quitting before he could be fired amidst a potential backlash at Chelios by some players and agents claiming the veteran blueliner is engaged in a witchhunt against those who ousted Kelly.
So the obvious question now is, where does the PA go from here?
Their leadership is a mess, the players appear divided on many issues including the state of their leadership, and with the current CBA due to expire in September 2011 (unless the PA votes to extend it by a year which they are most likely to do) some observers believe hawkish team owners are preparing to use the PA turmoil to their advantage in the next round of collective bargaining.
Yahoo! Sports’ Greg “Puck Daddy” Wyshynski, the Globe and Mail’s James Mirtle and CBC’s Elliotte Friedman have recently written about the NHLPA’s troubles - including offering up potential solutions – which I highly recommend reading if you want to make sense of the PA’s situation and the potential ramifications. Friedman in particular did considerable leg work (taking three weeks, he told Mirtle) in piecing the full story together.
Part of the reason for the divide amongst the players is escrow, a hot button topic since the recession settled in, flat-lining league revenues and thus taking considerably more money out of the players' pockets last season compared to the previous three since the lockout.
As Friedman observed, the PA has a five-percent escalator clause built into the CBA whereby it can increase the salary cap ceiling based on league revenue. Highly paid players last summer were against using it as it would increase their escrow payments but lesser lights eligible for UFA status were for the escalator as this was likely their only chance in their careers to cash in on the lucrative UFA market.
Friedman also noted the PA’s leadership woes originated during the lockout when the players weren’t kept fully informed on issues like offering up a 24 percent pay cut and acceptance of a salary cap. Apathy also played a part as Friedman noted the players appear divided between hardliners and those who simply didn’t care about PA business.
It appears the agents are those who are more interested and concerned about PA business than the players but according to Friedman they too are divided into different camps.
One of Friedman’s suggestions for the PA going forward is to start making peace amongst its membership, which would include the controversial Chelios stepping aside and allow his fellow review board members (Nicklas Lidstrom, Rob Blake and Mark Recchi) to handle things.
A good idea but one Chelios is unlikely to heed. As Friedman observed, Chelios has won the PA’s civil war by getting rid of those he disagreed with or who opposed him, and he's very much in the forefront of leading the charge for new leadership within the PA. He's not going to sacrifice his influence nor give up what could be a potentially powerful role within the organization. The only way that could come about is if a majority of the player reps demand he step aside which doesn't appear likely.
Another is for younger players to step up into roles of leadership but so far few other than Crosby and Alexander Ovechkin appeared willing to do so (and Ovechkin reportedly was only interested in complaining about how much he lost in escrow). Getting more younger players involved won’t be easy given the apathy amongst the membership.
That probably won’t resolved the problems between the “haves” and “have-lesses” when it come to the escalator clause in the current CBA. Getting younger won’t resolve that unless they’re willing to reach a consensus one way or the other.
Another of Friedman’s suggestions is to establish a true leader and let them do their job, claiming the PA constitution as it currently stands imposes too many restrictions, especially the director reporting to the 30 player reps. That however means overcoming the mistrust of leadership, which began as fallout from the Alan Eagleson era and has multiplied in recent years as the PA axed Bob Goodenow, Ted Saskin and Kelly.
Given too how Kelly and Penny would up losing their jobs amidst arguing and back-biting the PA has a long way to go if its to rally around a single leader.
Friedman finally suggests the PA find a direction and stick with it, noting they cannot go back to Goodenow’s approach as it’s now outdated with the salary cap, but observing the NHL will try to exploit the situation in the next round of collective bargaining.
“Maybe it's guaranteed contracts. Maybe it's longer entry-level deals. Maybe it's more buyout periods and a less-onerous formula. Maybe it's changing unrestricted free agency from 27-year-olds with four seasons of experience OR anyone with seven years (as under the current deal) to players aged 27 AND with seven seasons. That one-word change is a big deal.
If the players want to cap escrow, they'll have to decide what to give up in exchange. They'd better find someone smart to make that decision.
There are so many possible structures. Maybe a hockey guy surrounded by lawyers. Maybe a labour lawyer surrounded by businessmen (that was the Goodenow model). Maybe a businessman surrounded by lawyers or hockey people.”
Friedman closes by saying this is the PA’s last chance to get it right after failing twice in the past four years to establish solid leadership, heal the rifts within their ranks and find direction.
It remains to be seen if they can accomplish this, but the PA does have the benefit of time.
Should the PA as expected vote to extend this CBA to 2012 that gives them less than three years to get its house in order, which should be enough time, provided they’re proactive and aren’t bogged down with petty infighting and backstabbing amongst their leadership.

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