What Happens During an NHL Arbitration Hearing?
Duration, Permissible and Inadmissible Evidence and Result
Aug 4, 2009
Hockey fans are familiar with the basics of salary arbitration: A player or team files, they present their cases before an arbiter, who then renders a decision. But what exactly goes on during a hearing?
Salary Arbitration Proceedings
Every arbitration hearing begins at 9:00 a.m. EDT with the side who filed presenting their case first, followed by the other party. The same order continues for the ensuing rebuttals. Each party is allowed at most 90 minutes total, and they can allocate that time as they wish between their opening arguments and rebuttal.
The filing party is entitled to an additional 10 minutes for surrebuttal only if the opposing side brings up new issues or comparable players (those who are similar in statistics and game, and potentially in contract terms) in their rebuttal.
What Evidence is Acceptable?
Both the player and team can submit whatever evidence (witnesses, documents etc.) most relevant to their case they wish. The arbiter can also call upon other information if he feels it’s necessary to come to a resolution.
Some of the facts and data permitted include:
- Overall performance, including offensive and defensive statistics, from the most recent or past seasons
- Games played and injuries
- How long the player has been with the club or in the NHL
- How the player contributed to team’s success or lack thereof in the most recent season
- Intangible qualities including leadership or “public appeal” (direct term from the CBA) that don’t conflict with a player’s on-ice role and responsibilities
- Comparable players (an arbiter cannot deem another player comparable unless he has been mentioned by one of the parties)
What Evidence is not Allowed?
The following cannot be submitted as evidence:
- Any contract previously signed by the player when he was not a Group 2 Restricted Free Agent
- Contracts signed by unrestricted free agents, including players who become UFAs as a result of an arbitration award walk-away
- Contracts of players not mentioned as comparable players
- Qualifying offers
- Past contract offers or negotiations between the player and the team
- Outside testimonials, video, press columns and game reports, etc.
- Mention or discussion of walk-away rights
- An arbiter’s decision from which a team chose to walk away
- The team or league’s financial situation
- Any reference to the salary cap floor or ceiling or the players’ share of the cap
- Salary arbitration awards from 2005-06
- Discussion of salary arbitration and compensation from a previous CBA
Arbitration Decisions and Awards
Once an arbitration hearing comes to a close, the arbiter must come to a resolution within the next 48 hours. When his decision is made, there are four key points that must be included: the term of the contract (generally one year, occasionally two years), the salary, any minor league clauses and salary (the latter if applicable), and an explanation of the decision as well as which comparable players were used in consideration.
Filing for Arbitration
Before ultimately getting to a hearing, a player or team must submit their intent to go to arbitration. Learn more about the filing process.
 |
