Predators Vulnerable in Qualifying Offer Dispute

There is confusion and consternation that has arisen because of a possible defect in the qualifying offers that the Nashville Predators extended to restricted free agents Sergei Kostitsyn, Matt Halischuk, Nick Spaling, Cal O'Reilly, along with minor league players Linus Klasen, Chris Mueller, and Andreas Thuresson. In question is if the qualifying offers were tendered by the 5:00 deadline on Monday.

According to the Predators front office, they were unaware of any problem and had complied with the procedures to qualify the RFA's. The qualifying offers were sent by FedEx at 4:00 on Monday. However, the offers were not faxed to the players, their representatives, and the Players Association by the 5:00 deadline on Monday. As such, the offers were not delivered to the players until Tuesday, after the deadline.

In question then, is whether the offers were considered "tendered" when FedEx picked them up for delivery.

The NHL released a statement late yesterday confirming that there was not a problem in the League office with the qualifying offers, and they were considered in compliance with the CBA.

The NHLPA has filed a grievance, stating the contracts were not "tendered" in a timely manner since the players and their representatives did not receive them until after the deadline. The PA has asked independent arbitrator George Nicholau to give an expedited ruling as to whether the since free agency will begin on July 1.

Here is the qualifying offer sheet that RFA's receive:

QUALIFYING OFFER SHEET


Name and Address of Player:

Name and Address of Player's Authorized Representative:

Club:

Pursuant to Section 10.2 of the Collective Bargaining Agreement (the "CBA"), [Club]

hereby makes [Player] a Qualifying Offer of $__ in the NHL and $___ in the AHL (if

applicable), or whatever other minimum amounts are necessary to preserve the Club

rights contemplated in Section 10.2(a)(ii) of the CBA. This Qualifying Offer is not open

for acceptance until July 1, 20__.

If you are eligible for salary arbitration, this Qualifying Offer is subject to that right.

Date:__________________

____________________________

Club

By:

Title:

Agreed To and Accepted By:

____________________________ ______________

[Player Name] [Date]

cc: NHL Players' Association

     NHL Central Registry

 
Seems pretty straightforward, doesn't it?
 
We both know that this is not the first time as a team that the Predators have qualified RFA's; nor is is the first time David Poile or his staff have done so. So what is going on?
 
Here is the relevant section from the CBA (Section 10.2):
 

(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
arbitration in accordance with Section 12.1, on at least the
following terms and conditions:

 
So, our dispute is over whether the Predators "tendered" an offer to the players by sending the contracts out the door with a courier.

Now, I'm not a lawyer, nor do I play one on TV, but here is the legal definition of "tender":
 
"to extend for acceptance or consideration (vt); to make an unconditional offer of payment or performance with a manifestation of willingness and ability to follow through (n)."
 
Obviously, the Predators made an offer to the players by sending the qualifying offer sheet. The question that the arbitrator has to determine is if it was legally "tendered" by the deadline by virtue of having a courier pick it the offer sheet. The Predators and the League are saying that it is tendered, and that has been an acceptable and utilized practice in the past. If that is so- if precedent has been established- then I believe the Predators have safely qualified their players.
 
If, on the other hand, that is not the precedent and the offers are deemed invalid by the arbitrator, then it is a gaffe of major proportions by the Predators, and one frankly that I would find very difficult to understand.
 
As for now, the matter rests with the arbitrator. The decision will come quickly so as to not infringe upon the ability to negotiate in free agency by the players in question.
 
Hopefully the arbitrators ruling will not leave a tender spot in the Predators roster.

Wounded Predators Waste a Solid Effort Against the Stars

The Nashville Predators depleted lineup gave the Dallas Stars a challenge before falling 4-2 at the Bridgestone Arena. With this loss, the Nashville Predators have dropped 5 straight games.

The Predators were missing five forwards, with David Legwand, Matthew Lombardi, Steve Sullivan, and Martin Erat all out due to injury. Jordin Tootoo is out of the lineup since checking in to the League's substance abuse program.

Steve "Cheap Shot" Ott opened the scoring for the Stars at 4:39 of the second period after taking a nice backhand pass from Loui Erikkson. Ott tapped the puck home past an out of position Pekka Rinne to give the Stars a 1-0 lead.

The Predators would answer on the power play at 19:00 minutes of the second as Colin Wilson was lurking around the net and put a shot over the pads of Andrew Raycroft. Wilson corralled a rebound off a shot from J.P. Dumont and slapped home the tying goal.

Through two periods, the Predators outshot the Stars by a margin of  34-15, but could not solve Raycroft. The Predators had numerous scoring chances, but could not finish their chances. This inability to finish scoring chances was going to come back to haunt the Predators in this contest.

Wilson would strike again for his second goal just 32 seconds into the third period as he lifted a backhand past Raycroft on a breakaway. For the first time in five games, the Predators would have a lead. This was a very solid game for Wilson, perhaps the best he has played in his young career.

That lead was short lived, however, as Loui Eriksson would score from the slot with a quick wrist shot that beat Rinne high over the glove side. Erikkson was able to take advantage of a breakdown in the defensive coverage and was alone in the low slot.

Dallas would take the lead at  8:18 of the third as Mark Fistric would let a shot go from the point that beat Rinne. That goal seemed to take all the air out of the Predators. Krys Barch would tally the fourth goal for the Stars at 10:05 as he crashed the net and beat Rinne with a wrist shot.

The Predators could not answer and fell for the fifth straight time. Dallas evened their record against Nashville to 1-1 for the season.

The Predators outshot the Stars 46-25 for the contest, but the inability to bury some quality scoring chances proved to be their undoing.

Chris Mueller made his NHL debut for the Predators, and logged 3:17 of ice time. Linus Klasen played his second game for the Predators and had 14:48 of ice time and two shots on goal.

The injuries have obviously taken a toll on the Predators, but tonight's contest brings home the point that the Predators have to take advantage of their chances offensively and cannot have any defensive lapses. Three Stars goals were the result of defensive coverage that broke down.

The Predators are a team that has no margin for error. Tonight, a few defensive errors cost them a much needed win. This game also points out the fact that the offense has to finish the scoring chances that they have. Give credit to Raycroft for 44 saves, but frankly, he is not that good of a goalie. Bury a few of the chances that you have, and the Predators run the Stars out of the building. Tonight, the Predators made the Stars look good.

This is a painful losing streak. The only way that you get out of this is to play hard and bring this kind of effort every night. Keep up this type of play, and this streak will be broken.

This is part of hockey. You have to play with the guys that put on the sweater and bring it every night. Keep up this kind of effort and the wins will come.

Wounded or not, the only way to end this losing streak is to play your way out of it.

My three stars:

1. Loui Erikkson

2. Colin Wilson

3. Andrew Raycroft

Jordin Tootoo Enters NHL Substance Abuse Program

The Nashville Predators announced today that forward Jordin Tootoo has entered the League's substance abuse program and will be out of the lineup indefinitely. The Predators released the following statement:

"We offer Jordin the full support of his teammates, coaches and the organization. There is no timetable for his return and we will have no further comment at this time." - GM David Poile

Tootoo has appeared in 32 games and has 10 points (4G-6A).

This announcement comes on the heels of an announcement that forward Steve Sullivan is expected to miss 10 days to two weeks with a lower body injury.

The Predators have also lost forward Martin Erat to a lower body injury. His return is unknown.

The Predators have called up forward Linus Klasen from Milwaukee and today announced that they had signed forward Chris Mueller. He is expected to be in the lineup tomorrow night against Dallas.

* photo courtesy of P. W. Nicholson

Predators Goal Drought Continues in 2-0 Loss to Blues

Dear Santa,

I know that Christmas is over, but I really want to ask for one more present. Can we please get the Predators some offense? They have been really good guys, but this inability to score goals is getting on everyone's nerves, and frankly, I don't think they can keep up their sunny disposition.

The last four games, the Predators have only scored 3 goals. That's awfully weak, Santa. So if you could find your way back to the Bridgestone Arena, I would appreciate it if you could leave Coach Trotz some scorers.

Thanks.

Your friend,

Mark

P.S. I will send you another letter to talk to you about that tie you left for me. Really, pink and purple are just not my colors.

A plea to Santa notwithstanding, the Nashville Predators fell to the St. Louis Blues 2-0 behind a shutout from Jaroslav Halak. Not that the Predators didn't have chances. They did. They fired 32 shots at the St. Louis net, and generated some quality chances. The problem for the Predators is that no one could finish a scoring chance. Halak made some good saves, but the Predators did not have anyone that could capitalize on the scoring opportunities they had.

Yes, the Predators were missing Steve Sullivan and Marty Erat, and that meant that lines were jumbled. This obviously affected the chemistry in the offensive end. The fact is that when the Predators generated chances, no one could bury a critical shot.

Pekka Rinne got the start for the Predators, and generally was very solid in net. He had to be sharp early as the Blues swarmed the Predators net, and he was equal to the task.

Rinne did give up a goal to David Backes that he would like to have back. Cody Franson turned the puck over in the neutral zone, and Backes skated in and fired a wrister from the face off circle that beat Rinne over the shoulder on the glove side at 1:45 of the second period.

Frankly, after the Blues got on the board first, one would have to wonder and worry if that would be all the scoring they would need given the Predators anemic offensive production. Unfortunately, that proved to be the case.

Backes would add an empty netter at 19:43 for the final margin of victory for the Blues.

The Predators are going to have to get their offense going. The streaky nature of this offense does not bode well for the team, and our losing streaks have been directly related to our lack of goals. The offense has to get back to the basics: create turnovers with the forecheck; take good shots; and crash the net. There has to be a consistent effort in these areas every game for this team to be successful.

It is unknown how long Erat and Sullivan will be out of the lineup. Losing key players is a fact of life every team has to deal with during the course of a long season. Players have to step up and fill the vacated roles. They have to play like professionals.

Linus Klasen was called up from Milwaukee and was playing a top 6 forward role tonight. This is your opportunity, young man. Time for you to bring it.

Vets, you are in the lineup for a reason. It is time for you to elevate your game. The four straight losses mean that you have to show your leadership and do the hard things to win a game.

And it's time to end this drought

My three stars:

1. Jaroslav Halak

2. David Backes

3. Pekka Rinne