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NHLPA weighing options if NHL cancels season – TSN

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The NHL Players’ Association’s lawyers are investigating whether to file an unfair labour practice complaint with the U.S. National Labor Relations Board (NLRB) or pursue a grievance with an arbitrator if the NHL decides to cancel the upcoming season, two people familiar with the matter told TSN.

If the league decides against playing the 2020-21 season, a complaint to either the NLRB or an arbitrator would be the process the NHLPA would follow to try to get players paid.

The season hangs in the balance of talks between the NHL and NHLPA – most notably the financial burden players will shoulder this season and the remaining five years of a collective bargaining agreement extended in July through 2025-26.

The NHLPA declined to comment when asked how it would respond to a cancelled season.

NHL commissioner Gary Bettman said Wednesday in an interview during a virtual sports business conference that the NHL wants to play the 2020-21 season. But Bettman and NHL team owners want players to agree to raise the cap on salary escrow this year and also to defer the payment of more of their salaries.

The NHLPA wants the NHL to live up to the collective labour agreement the two sides agreed on in July. The NHL and NHLPA agreed in the deal to keep the salary cap at $81.5 million through the 2020-21 season. Ten per cent of player salaries are to be deferred and 20 per cent placed in escrow – an increase of more than 50 per cent from escrow payments during the 2019-20 season, which was delayed and shortened because of the COVID-19 pandemic.

Bettman on Wednesday said the NHL is “not seeking to renegotiate,” the six-year labour agreement that was ratified unanimously by NHL team owners.

“We’re not actually having negotiations and we’re not seeking to renegotiate,” Bettman told FOX Business host Liz Claman. “We made a number of assumptions collectively over the summer, most of which are not applicable anymore.”

In an effort to force the NHL to pay the salaries of its players even if games are not held, several labour lawyers said in interviews with TSN that the NHLPA could either file a complaint with the U.S. NLRB (players on Canadian franchises would be included in such a filing) or file a grievance with an arbitrator. Both moves have their advantages, the lawyers said.

“Clearly this would be a high-stakes case,” said Jim Quinn, a New York sports lawyer who has worked for the NFL and NBA players’ associations. “The stakes don’t get any higher.”

Both the NHL and NHLPA could argue that the language in the CBA favours its side. 

Article 5 of the CBA says the league is within its rights, “to determine when, where, how and under what circumstances it wishes to operate, suspend. …” a season.

Article 7, however, says the NHL cannot lock out players.

“Neither the league nor any club shall engage in a lockout during the term of this agreement,” the CBA says.

In his interview on Wednesday, Bettman was asked about the possibility that the 2020-21 season could be cancelled over the financial impasse.

“There are letters in the agreement, which we don’t have to get into, that were put in for our benefit in the event things got out of control as well. And so we each have rights which we could adhere to,” he said.

Jodi Balsam, a former NFL lawyer who now teaches sports law at Brooklyn Law School in New York, said NHL players would seem to have a strong legal case to pursue if the league cancels the season.

“They signed this CBA in July 2020 and that was hardly a promising month,” Balsam said. “The pandemic had subsided, but every source of medical and scientific knowledge was predicting a resurgence in the fall. And if the NHL failed to prepare for that in the latest CBA then that’s on them. The big question is whether the NHL players stay unified and insist the NHL follow through with the deal they bargained for.”

Players are set to receive 72 per cent of their salaries during the 2020-21 season. Twenty per cent of player salaries are being given back to owners to repay their revenue shortfall from 2019-20’s paused season. A further 10 per cent is to be deferred and paid out over three seasons.

The NHL is asking players to defer another 16 per cent in 2020-21 and has also asked to raise limits on escrow in future years of the CBA.

Balsam said if the NHLPA wanted a clear-cut decision that the league must pay players their 2020-21 salaries regardless of whether there are games, then the union would be better off pursuing a claim with the NLRB.

“Arbitrators tend to want to look for leeway to find a compromise solution,” she said. “They’re incentivized to find a solution because they can be fired by either the league or union.”

The NLRB was created in 1935. While it has a mandate to protect the rights of employees and to improve their wages and working conditions, Balsam said under U.S. president Donald Trump it has made decisions that favour employers.

Balsam said making that argument would be a “long shot” for the NHL, and noted that even though the NLRB has four of its five board member slots filled with three Republicans and one Democrat, president-elect Joe Biden will have the opportunity to name a Democrat chair of the board immediately following his Jan. 20 inauguration. (Trump appointed current NLRB chair Peter Robb in September 2017, eight months after his inauguration.)

Quinn, who has worked in the past for players associations in hockey, basketball and football, said he would advise the NHLPA to consider taking their complaint to an arbitrator.

Unlike the courts, or even the NLRB, arbitration cases can be decided quickly. Rules for introducing evidence in arbitration are not as strict. While there are exceptions, such as when an arbitrator in 2018 forced NHL player Dennis Wideman to produce text messages in his dispute with an NHL referee who Wideman had hit on the ice, the parties tend to have less power to demand the production of emails and other documents from the other side, and rules for conduct can be fashioned to suit the case. 

“The NLRB is very slow, and it’s going to take ages to get a decision out of them,” Quinn said. “You may get an injunction quickly but if you’re pursuing damages, like the players’ salaries for a season, that could take five years for the board to resolve.”

Currently, the NHL and NHLPA have agreed on three arbitrators to decide on disputes: Richard Levie, a retired U.S. District Court judge in Washington who also works for the NBA and NBPA to resolve differences related to players and agents; Katherine Forrest, a former U.S. District Judge for the Southern District of New York who was hired by NHL and NHLPA last year; and Shyam Das, who has decided player discipline-related cases.

If it proceeds with an arbitration complaint, the NHLPA chooses which arbitrator will take its complaint. Forrest, who has yet to oversee an NHL/NHLPA arbitration, would be a strong candidate to hear a prospective case, a person familiar with the matter said.

Michael Lotito, a San Francisco-based labour-law attorney at Littler Mendelson who represents employers before the NLRB, said he can envision the NHLPA both filing a complaint with the board and also pursuing a complaint through a grievance.

“We’re a country of messaging not fact,” he said. “For the union, this may be an opportunity to send a message to players that, ‘We’re fighting for you every way we can.’”

Lotito said that while the NLRB tends to handle broad complaints, arbitrators are more likely to consider the “nitty gritty” of CBA negotiations.

“An arbitrator can look at the notes both sides might produce showing details on the back-and-forth talks leading up to the CBA being signed,” Lotito said. “Maybe those notes would show clearly that an issue like ‘no fans in arenas’ was clearly on the table and discussed as a possibility before a deal was done.”

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Armstrong scores, surging Vancouver Whitecaps beat slumping San Jose Earthquakes 2-0

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VANCOUVER – As the Major League Soccer season ticks down, Vanni Sartini wants his Vancouver Whitecaps to make a declaration — the team is ready to compete.

“The time of hiding ourselves, I think it’s over,” the coach said after the ‘Caps earned a 2-0 victory over the San Jose Earthquakes on Saturday.

“We need to really say that we are here to try to be at the ball until the end and trying to shoot for the highest position. That doesn’t mean that we’re going to make it, but we have the quality to do it.”

With seven games left on their regular-season schedule, the ‘Caps (13-8-6) sit in fifth spot in the congested Western Conference, just two points out of fourth.

Saturday’s loss officially eliminated the last-place Earthquakes (5-21-2) from post-season action.

Vancouver has been on a hot streak since returning from the Leagues Cup break and is unbeaten (3-0-1) in its last four outings across all competitions. The team has not allowed a goal in those matches.

“It’s the fact that we play really well,” Sartini said of the clean sheets. “We have the ball a lot, we finish our attack most of the time in their box. So it’s really hard for the other team to attack us. And then when they attack us, in the rare times that they arrive in the final third, we’re very solid.”

Recent additions have bolstered the team’s ranks, including the club’s newest designated player, Stuart Armstrong. The 32-year-old Scottish midfielder scored his first MLS goal Saturday.

Three minutes after coming on as a substitute for Alessandro Schopf, Armstrong gave Vancouver a two-goal cushion in the 87th minute.

Midfielder Pedro Vite dished a short pass to ‘Caps captain Ryan Gauld, who tapped it toward Armstrong. The former Southampton FC player then blasted a shot into the top of the net for his first strike in a Whitecaps’ jersey.

He was mobbed by teammates in the corner of the field.

“I think everyone was happy. Also for the first goal, but also that it was an important three points,” said Armstrong, who signed with the ‘Caps on Sept. 3.

“It kind of felt a little bit like last week, when we had a lot of chances and we didn’t get the three points. So today, I think everyone was just relieved to have that two-goal cushion.”

Vancouver was the dominant team from the outset Saturday and did not relent, outshooting the visitors 19-5 and controlling 54.1 per cent of possession.

Fafa Picault also found the back of the net for Vancouver, while Gauld contributed a pair of assists.

Whitecaps goalkeeper Yohei Takaoka stopped both shots he faced to collect his seventh clean sheet of the year, while Daniel made nine saves for the Quakes.

Gauld and Picault teamed up in the 22nd minute when Gauld curled a cross in and the Haitian striker headed it down toward the net, only to see Daniel catch a piece of the shot with his forearm and redirect it out of harm’s way.

The duo connected again in the 35th minute on a Vancouver corner. Gauld swung a ball in and Picault jumped up from the pack to send a glancing header in past Daniel for his ninth MLS goal of the season.

San Jose briefly appeared to level the score in the 68th minute when an unmarked Ousseni Bouda collected the ball, froze Takaoka and tapped a shot into the Vancouver net. An official quickly raised the offside flag and waved off the tally.

Daniel kept San Jose’s deficit to a single goal with a pair of solid stops in the 82nd minute.

First, the Brazilian ‘keeper dove sideways on his line to tip away a bomb from Alessandro Schopf. He was tested again on the ensuing corner and jumped up to send a header from Picault over the crossbar.

“I think we created a lot of chances again,” Gauld said.

“We probably should have put the game out of their reach sooner. But we’d be more worried if we weren’t creating the chances. Three clean sheets in a row in the league, I think it’s a big thing for us. And it gives us a good platform to go forward.”

NOTES

Vancouver played without leading scorer Brian White for a third consecutive game as the American striker works his way back from a concussion. … Gauld’s second assist marked his 15th goal contribution (six goals, nine assists) in his last 15 Whitecaps games across all competitions. … An announced crowd of 21,309 took in the game at B.C. Place.

UP NEXT

The Whitecaps kick off a two-game road swing Wednesday against the Houston Dynamo. The Earthquakes host the Seattle Sounders the same night.

This report by The Canadian Press was first published Sept. 14, 2024.

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Liverpool ‘not good enough’ says Arne Slot after shock loss against Nottingham Forest

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MANCHESTER, England (AP) — Not good enough. That was Arne Slot’s verdict after his first defeat as Liverpool manager on Saturday.

A shock 1-0 loss at home to Nottingham Forest in the English Premier League ended Slot’s perfect record since succeeding Jurgen Klopp at Anfield at the end of last season.

“We had a lot of ball possession but only managed to create three (or) four quite good chances, so that is by far not enough if you have so much ball possession,” said the Dutchman, who suggested his team should not be losing to the likes of Forest.

“If you lose a home game it’s always a setback, especially if you face a team … we never know, maybe they will go all the way to fight for Champions League tickets, but normally this team is not ending up in the top 10, so if you lose a game against them that’s a big disappointment.”

Slot won his first three games in charge, including a memorable 3-0 victory against Manchester United before the international break.

But that run came to an end after Callum Hudson-Odoi struck in the 72nd with a curling effort from the edge of the box and beyond goalkeeper Alisson.

Liverpool’s defeat leaves Manchester City as the only team with a 100% record in the league after a 2-1 win against Brentford kept the defending champion at the top of the table.

United won at Southampton 3-0 to end its two-game losing streak.

Unstoppable Haaland

Erling Haaland moved to 99 goals for City after scoring twice against Brentford.

The Norwegian’s double came after Yoane Wissa fired Brentford ahead with just 22 seconds on the clock.

Haaland scored his 98th and 99th goals in his 103rd City appearance in all competitions. And he was the width of the post away from his third consecutive hat trick after trebles against Ipswich and West Ham.

“He’s been really, really good. Yeah, I would say he’s the best (he’s been), but it’s only four fixtures (this season),” City manager Pep Guardiola said.

Haaland, who has been nominated for the Ballon d’Or, has nine goals in four league games. He has topped the league scoring charts in each of his two seasons at City since joining from Borussia Dortmund in 2022 for $63 million.

Haaland’s first goal after 19 minutes evened the game following Wissa’s opener, which stunned the Etihad Stadium crowd. Haaland turned and swept a shot past goalkeeper Mark Flekken after a slight deflection off Ethan Pinnock.

He was then too strong for Pinnock when shaking off the defender and running through for his second in the 32nd.

He was inches away in the 81st; the shot came back off the post after beating the keeper.

Rashford snaps run

Marcus Rashford snapped a 12-game barren run in front of goal as United beat Southampton.

Rashford doubled United’s lead at Saint Mary’s after Matthijs de Ligt’s scored his first for the club. Substitute Alejandro Garnacho scored a third in the sixth minute of stoppage time.

The win came after back-to-back defeats for United.

Rashford hadn’t scored since March in United’s win over Liverpool in the FA Cup quarterfinals. He curled in a shot from the edge of the area to put Erik ten Hag’s team 2-0 up at Southampton in the 41st minute.

Ten Hag said it could be a turning point for the forward.

“For every striker, they want to be on the scoring list. Once the first is in, more is coming. Like a ketchup bottle, once it’s going, it’s coming more,” he said.

De Ligt, who joined United from Bayern Munich in the offseason, headed in from Bruno Fernandes’ cross in the 35th.

It could have been a different story if Cameron Archer converted a penalty for Southampton in the 33rd. Instead, his effort was saved by goalkeeper Andre Onana.

Newly promoted Southampton was reduced to 10 men when Jack Stephens was sent off in the 79th for a high challenge on Garnacho.

Villa comeback

After three straight defeats to start the league, Everton looked set for its first win when leading Aston Villa 2-0.

Goals from Dwight McNeil and Dominic Calvert-Lewin put Sean Dyche’s team in control until Ollie Watkins struck twice to even the game.

Jhon Duran completed Villa’s comeback and sealed a 3-2 win in the 76th to leave Everton rooted to the bottom of the table and the only top flight team without a point.

Late drama

Jean-Philippe Mateta converted a stoppage time penalty to salvage a 2-2 draw for Crystal Palace against Leicester.

Leicester led 2-0 at Selhurst Park after goals from Jamie Vardy and Stephy Mavididi.

But Mateta sparked Palace’s response with a goal in the 47th, a minute after Mavididi doubled Leicester’s advantage.

Conor Coady fouled Ismaili Sarr in the box right near fulltime and Mateta was cool enough to convert.

West Ham left it even later to salvage a point in a 1-1 draw at Fulham.

Danny Ings struck in the fifth minute of added time after Raul Jimenez’s goal looked like earning Fulham the win.

Brighton boss Fabian Hurzeler, the manager of the month for August, was frustrated as his team was held to 0-0 at home by Ipswich.

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James Robson is at https://twitter.com/jamesalanrobson

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Cavaliers and free agent forward Isaac Okoro agree to 3-year, $38 million deal, AP source says

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CLEVELAND (AP) — Restricted free agent forward Isaac Okoro has agreed to re-sign with the Cleveland Cavaliers on a three-year contract, a person familiar with the negotiations told The Associated Press on Saturday.

Okoro’s new deal is worth $38 million, according to the person who spoke to the AP on condition of anonymity because the contract has not been signed or announced by the team.

ESPN.com first reported the agreement, citing Okoro’s representation.

The fifth overall pick in the 2020 NBA draft, Okoro is Cleveland’s best perimeter defender, often drawing the assignment of guarding the opponent’s top scorer. Okoro also has worked to improve his offensive game.

The 23-year-old averaged 9.4 points and 3.0 rebounds in 69 games — 42 starts — last season for the Cavs, who beat Orlando in the opening round of the playoffs before losing to eventual champion Boston.

Okoro shot a career-best 39% on 3-pointers, forcing teams to come out and guard him.

His agreement caps an extraordinarily busy summer for the Cavs that began with coach J.B. Bickerstaff being fired and replaced by Kenny Atkinson. All-Star guard Donovan Mitchell signed a three-year, $150 million extension in July, ending months of speculation that he wanted out of Cleveland.

Also, power forward Evan Mobley signed a five-year, $224 deal and center Jarrett Allen signed a three-year, $91 million extension.

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