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NHL Offer Means Fehr, Players Have Upper Hand in Negotiations

Steve SilvermanJun 7, 2018

The waiting game is over, and the NHL made the first move.

For more than a month, the NHL and the Players Association would sit across the room from each other and chat, but none of those talks were substantive. The two sides were not moving towards a new Collective Bargaining Agreement.

It seemed like Gary Bettman and the NHL owners were intent on imposing a Draconian system on the NHLPA that would have broken the will of the players.

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NHLPA executive director Donald Fehr was not about to let that happen. The veteran sports labor leader was not going to start negotiating off of the NHL's original offer, and he wasn't going to beg for crumbs. Instead, he stated his case and said that he was ready to start substantive talks any time the NHL was willing to make an offer.

That point came yesterday when Bettman and the NHL came forward with a formal proposal that included a 50-50 Hockey Related Revenue (HRR) split with the players with the term of the agreement being six years.

Fehr's first public reaction to the offer was that it was a good place to begin talks.

"I'd like to believe, after we are done [reviewing] this [offer], that it's an excellent starting point and there's a deal to be made,'' Fehr said (source: Boston Globe).

Bettman seemed to ease back off the throttle as the offer was made. He didn't say that the NHL's position was take it or leave it. He said that it was made with an eye towards starting the season Nov. 2 and preserving the 82-game season.

That would leave about 10 days for legitimate negotiations. After that, it would be virtually impossible for the season to begin Nov. 2.

So, Bettman showed his hand in the poker game that is labor negotiations. Fehr, on the other side of the table, is a veteran who has had his share of success when he was the MLB Players Association boss.

He now has the advantage, and he is about to play Bettman like Pete Townshend plays the guitar.

Bettman gave Fehr his game plan. He has made it clear that he wants the games to begin by Nov. 2. Fehr and his players want to get the full season in as well.

All Fehr has to do is get remaining concessions until Oct. 25.

Based on last year's HRR figure of $3.3 billion, the players' share of a 50-50 split would be $1.65 billion. Last year, the players' figure was $1.88 billion (based on 57 percent of HRR), a difference of $230 million. By the time the two sides agree on a deal, the difference will be less than $230 million.

Some of the other issues that have to be negotiated include contract length for veterans, contract length for rookies and salary arbitration.

Why did Bettman come forward with an offer at this unexpected time? Perhaps it was the pressure that comes with fan disapproval (source: Deadspin.com). The public was backing the players in this labor dispute, but now the pressure is off the owners. The fans are waiting for the players to make the move.

In the court of public opinion, the players had the edge, and it helped force Bettman and the owners to make a substantial offer.

Now public pressure is on the players, but in the negotiating room the players have the advantage. They know what the owners want and when they want it.

That's all Fehr needs to know to get as much as he can for the players.

He also needs to keep his eye on the finish line and make sure he hits it at full speed.

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