· RSOC has seven (7) members selected by the parties in their sole discretion, as follows
o Four employer representatives, at least one of which must by an owner
o Three (3) player representatives, at least one of which must be a player
o Parties may name up to 2 Alternate RSOC representatives who will serve in the event of absence of a member
o Need to spell out in drafting the process of the RSOC, and limited arbitral review of decisions
2) Defined Benefit Pension Plan
· The parties will establish a defined benefit pension plan under US law per the NHLPA proposal.
· For on-ice discipline, there will be an appeal to a neutral arbitrator or to a panel of three arbitrators (one appointed by each side and one neutral). The standard of review will be whether the League’s finding of a violation of the League Playing Rules was supported by substantial evidence, and, if so, whether the penalty imposed was within the League’s reasonable discretion and consistent with past practice
· For off-ice discipline, there will be an appeal to the impartial arbitrator. The issue will be whether the discipline was for just cause.
4) Player Contracting and System Issues
· NHLPA liability for escrow is eliminated from the side letter.
· NHLPA may set a higher percentage for escrow in a given year than the formula would provide. The NHL may also set a higher percentage than the formula would provide in the last year of the agreement, provided that any number so set is not unreasonable.
· The Playoff Pool is increased per the NHLPA proposal
· Liquidated damages provisions in SPCs are prohibited. This applies only to new contracts, i.e., contracts entered into after a new CBA is in effect.
· Prompt mutual disclosure of European loan agreements, ATOs and PTOs.
· NHLPA proposal on no trade / no move clauses
· NHL proposal to prevent a team playing with less than the minimum of 18/2 is accepted provided limitation is the NHL minimum + $100,000; counts against the share but not the cap.
o Re-entry waivers are eliminated
o Waivers will be required to loan a player who is on emergency recall if that player has played 10 games
o NHLPA proposal on 13.23 waivers
· Four Recall Rule
o After the conclusion of the Regular Season, a Club may exercise an unlimited number of additional Regular Recalls provided that it may have no more than three (3) Players on its Active Roster who were recalled by way of Regular Recall after the Trade Deadline
· Minimum salary continues to increase on the same schedule as previous CBA, $25,000 every second year
· Goepfert Rule as proposed by NHLPA
· Performance bonus cushion in each year of the agreement
· The Lower limit must be satisfied without consideration of performance bonuses.
· Players and cash/cap trading. A team may have an unlimited number of Retained Salary Transactions up to 15% of the Upper Limit in any League year
· The amount in excess of $1M paid to a player while in the minor leagues or in Europe on an NHL contract counts against the cap (none counts against the share). This applies only to new contracts, i.e., contracts entered into after a new CBA is in effect.
· NHLPA cap benefit recapture proposal.
o Applies only to new contracts, i.e., contracts entered into after a new CBA is in effect.
o Applies to contracts of 9 years or longer
o 35 year old rule changed to provide that the cap charge taken will be as per cap benefit recapture
· Salary Arbitration
o Walk away eliminated
· Second buyout period will continue in its current form except that
o A Club may not buy out a player who was not on its Reserve List as of the most recent Trade Deadline
o A Club may not buy out a player who has a cap hit of less than $3 M
· Critical dates calendar
o Sec. 12.3(a) election moved per NHLPA proposal
o Free agency interview period per NHLPA proposal
· Salary Cap and Payroll Range