Jason Gregoire's Options, or: Know Your CBA. Your @#$% CBA.
Every time I open the CBA, I want to slap a lawyer. With the U.S. Constitution, 55 delegates were able to come up with a fairly workable system of national government in just four pages and seven articles. But the NHL CBA took most of 2005 to hammer out and runs 50 articles, 35 exhibits and 454 pages. Plus, it doesn't even have pretty penmanship.
Since Jason Gregoire is exercising a provision outlined in one of those 454 pages -- going the Blake Wheeler route and opening up the possibility to sign with any NHL team -- I figured we can open that pain-in-the-rump document to see why he can do it, and what his options (including compensation) are.
Maybe next CBA, the NHL and NHLPA will make their lawyers sit down an extra day, with a graphic designer, to draw up a flowchart for the CBA. ("Where were you born? Go here. What is your birthday? Go here. Have you played college? How long? Go here." etc.) But I doubt it.
Let's start from the top. Or, the middle.
Exclusive Signing Rights
What makes an unsigned player a property of his drafting team?
8.6 Reserve List-Exclusive Rights.
(a) Commencing with the 2005 Entry Draft, a Player selected by a Club in the Entry Draft shall be registered on the Reserve List of the selecting Club as an "Unsigned Draft Choice."
That's great! So we just draft a guy, and he's our until we sign him, right? Not quite. There are time limits.
Most know that teams generally have two years after the draft to sign draftees from major juniors. For college players drafted as freshmen, it's generally four years, but [emphasis mine]:
(c) College Players.
(i) If a Player drafted at age 18 or 19 is a bona fide college student at the time of his selection in the Entry Draft, or becomes a bona fide college student prior to the first June 1 following his selection in the Entry Draft, and remains a bona fide college student through the graduation of his college class, his drafting Club shall retain the exclusive right of negotiation for his services through and including the August 15 following the graduation of his college class. The Club need not make a Bona Fide Offer to such Player to retain such rights.
(ii) If a Player drafted at age 18 or 19 is a bona fide college student at the time of his selection in the Entry Draft, or becomes a bona fide college student prior to the first June 1 following his selection in the Entry Draft, and does not remain a bona fide college student through the graduation of his college class, his drafting Club shall retain exclusive rights for the negotiation of his services until the fourth June 1 following his selection in the Entry Draft. The Club need not make a Bona Fide Offer to such Player to retain such rights.
[...]
(iv) If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in accordance with Section 8.6(a)(ii) above, becomes a bona fide college student prior to the second June 1 following his selection in the Entry Draft and does not remain a bona fide college student through the graduation of his college class, his drafting Club shall retain exclusive rights for the negotiation of his services until the fourth June 1 following his selection in the Entry Draft.
If you are a good boy and get your degree, your drafting team has you until Aug. 15 of that graduating summer. If you leave early, then June 1 of the fourth year following your draft becomes the big date.
But Gregoire's just completed his junior season at UND. Why does the above apply to him?
Because he was drafted in 2007. June 1, 2011 is the fourth June 1 since his draft day. When the Isles drafted him, he was playing in U.S. juniors (USHL) and continued to do so before entering college -- erm, "becoming a bona fide college student."
What about this "30 days" business?
I keep seeing reports that the Islanders have 30 days after notification to sign Gregoire. If this is true, I cannot find it in the CBA. But the important date outlined in the CBA is June 1. According to those same reports, Gregoire has formally withdrawn from UND, and thus he "does not remain a bona fide college student" and therefore this June 1 is when the Islanders no longer retain exclusive negotiating rights.
Gregoire's Potential Compensation
Great. So Gregoire's gone. The Maple Leafs, who buy up all the college and Euro free agents, will sign him to a $5 million deal or something. Right?
No. Just because Gregoire can shop his services on June 1 -- and I'm positive, absolutely certain, that in no way would his agent legal counsel agent family advisor have any inkling of what other NHL teams are interested -- doesn't mean he can go out and make a mint.
Well, a "mint" relative to NHL standards, anyway.
See, Gregoire is still 22 years old. That means he's still subject to the Entry Level System.
The what?
The Entry Level System. Time to return to the CBA...
Article 9:
The LegislatureEntry Level Compensation(b) Subject to subsection (c) below, the period covered by the SPC for every Rookie, and the number of years that such Player will be in the Entry Level System and subject to the compensation limits set out in this Article, shall be as indicated on the chart immediately below, and during such period, the Player shall be deemed to be a "Group 1 Player":
First SPC Signing Age Period Covered by First SPC, Years in Entry Level System
18-21 3 years
22-23 2 years
24 1 year
25 and older No required number of years, not in the Entry Level System
When Gregoire signs a contract (SPC, or Standard Player Contract) this summer, he'll still be 22. That means he'll be in the Entry Level System for two years. So look for a two-year deal.
But I thought he was a free agent?
(d) Draft-related Unrestricted Free Agents will be subject to the maximum annual aggregate compensation limits set forth in this Section 9.3 applicable in the Entry Draft year immediately preceding the date on which the Player signs his Entry Level SPC. For example, a Draft-related Unrestricted Free Agent Player signed after the date of the 2005 Entry Draft and prior to the 2006 Entry Draft will be subject to the maximum annual aggregate compensation for Players drafted in the 2005 Entry Draft (i.e., $850,000). Such a Player will be subject to all of the other terms and provisions of this Article 9, including without limitation, the terms of Exhibit 5 and the maximum annual Signing Bonus for a Draft-related Unrestricted Free Agent will be limited to 10% of the Player's compensation in any League Year.
What about the money?
In terms of compensation, Gregoire is just like any other rookie in the Entry Level System. If he signs in June, his maximum salary will be $900,000 at the NHL level.
Yeah, but he can demand a one-way deal, right?
No.
9.4 Minor League Compensation.
Each SPC entered into with a Rookie in the Entry Level System shall automatically be deemed to be a "two way" SPC with a minor league salary equal to the Paragraph 1 Minor League Salary set forth in such SPC or, if no minor league salary is set forth, the greater of (i) $35,000 (Native Currency) and (ii) the minimum minor league salary provided for Players in the Minors...
So he can wiggle for maximum AHL salary as set forth here ($70,000 for 2011-12), and he can wiggle for a higher NHL salary (again, $900,000 max), and he can wiggle for ELC bonuses he is unlikely to achieve, but in the end he's still treated like a draftee and his compensation will be capped on a two-way deal.
Okay. But if he signs elsewhere, the Isles get something back, right?
No. Gregoire was drafted in the third round:
8.3 Compensatory Draft Selections
In the event a Club loses its draft rights to an Unsigned Draft Choice drafted in the first round of the Entry Draft (except as a result of failing to tender a required Bona Fide Offer (as defined below)), who is again eligible for the Entry Draft or becomes an Unrestricted Free Agent, a Compensatory Draft Selection shall automatically be granted to that Club...
He was a nice prospect, so hopefully something works out with the Isles. I like depth.
If not though, hopefully this helps. Hopefully it's not too confusing. (Ha.) Hopefully it's not incorrect or subject to unpublished amendments and understandings.
But you never know with the stupid #$% CBA.
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The CBA
Is a clusterf@&k. I’ve tried looking at it a bunch of times this year (with all the injury and LTIR business we had) and just want to gouge my eyes out.
I have mad respect for the assistant GMs who delve in the black art of the CBA. Our guy, Lawrence Gillman, has been the dastardliest black wizard this year – I still have no idea how he managed to finagle everything so perfectly.
"Playin hurt, baby that don't faze me. I don't got time for pain. The only pain I've got time for is the pain I put on fools who don't know what time it is!"
"You can't come in my kitchen, kick my dog, and take a box full of ballpoints! Your ass must be crazy!"
by Semi_Colon on May 19, 2011 1:03 PM EDT reply actions 3 recs
Rec'd like my head any time I open that godforsaken doc
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
Did the Isles try to sign him prior to this year?
This situation kind of defeats the purpose of the draft. Any player that doesn’t like the team he was drafted by can just leave college right before the 4 yr window is closed and be a free agent.
The drafting team should at least have the right to offer the max and retain the player.
I agree
That is something that needs to be changed in the CBA. While I also agree with what every one was saying in the other thread…about it just being leverage for more money, what if he just rejects their final offer? He then becomes a free agent? Sure they can try to trade him before they lose his rights but to me that is a draft pick that could have been used on someone else during the draft. At least now I can kind of understand why teams try to get there college prospects out a.s.a.p. or at least the one’s that fall under this criteria.
To a point
But one advantage teams have on college players (versus junior players and Euro players whose leagues have transfer agreements with the NHL) is that they have their rights beyond two years. So you could maybe say this is a fair out for college players — since they’re also beginning their pro careers later than junior kids.
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
Another reason?
If I’m thinking through this right (and Bossy knows that’s a big if), this also protects a college player who has been in the system long enough (i.e. four June 1s), drops out of college for whatever reason but has no place to go. If his pro team won’t sign him then he ought to be free. Obviously this creates a loophole the other way though, but you could argue that if the club is so high on a prospect, they could have coaxed him to sign in the four previous years.
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
the June 1st thing is probably a protection for the teams as well
If you’re counting on a couple of these kids and they skip out on you, you’d like to know before the ensuing draft and free-agency period so you can address your needs properly. If August 15th applied, for example, and the kid signed elsewhere on the 16th, you’d be SOL.
We may be in the box, but you get the penalty.
Lighthouse Hockey - a beacon of greatness on the rocky coast of sports blog mediocrity
Non-hockey scribblings at nightflyblog
Agreed
June 1 must’ve been with an eye toward replacing your mutinous bastards at the draft and in free agency.
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
Foundation erroding loophole
The CBA leaves severe potential for the erroding away of a re-build foundation.
I think the key here is that if the Isles make a bonafide offer … isn’t that all they need to do in order to retain his rights?
Where did the 30 Biz day / June 1st confusion come from?
With Gregoire leaving school and becoming available, why wouldn’t Snow take advantage of this opportunity to tend an ELC offer?
Can Gregoire pass on the “bona-fide” offer and become a UFA? What group FA does that make him anyway?
Thanks for peeling away some of the layers of this cluser F CBA Dom. It helped clear some of the fog … but I’m still concerned a top prospect may get away. Remember … Grabner didn’t emerge till this year… his Rookie year.
The Bridge sure could use the depth that Gregoire would provide.
Maybe Jason sees this also as the best opportunity to claim his space in the organization? Before the draft … and before more prospects leaving Junior are able to claim a roster spot. Who knows? … I guess it’s just another thing outside of our control.
by 19 Isle in NJ 22 on May 19, 2011 1:57 PM EDT reply actions
"Bona fide offers"
Those are usually for the purposes of retaining the player’s rights up to the expiration date. (e.g. for some categories of draftees, you have to make a nominal “offer” to keep their rights to the next June 1.)
But with his rights expiring this June 1 thanks to him no longer being a college player, making another bona fide offer doesn’t do anything to extend that rights period.
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
Why would anyone not sign with the team that drafted him?
I feel like that organization would be so special to you, you would try to stay with it. I hope he does sign with the Islanders and plays in Bridgeport next year. He is a nice prospect to have and he had good numbers last year
If Jason Gregoire is as good as his penchant for terrible jokes
then I want this guy on the team stat. And also mixing it up with @grabs40 and @mmoulson.
I think the CBA should read more like a Choose-Your-Own-Adventure book
That would make it easier to understand Gregoire’s situation.
by Fabtraption on May 19, 2011 3:11 PM EDT reply actions 2 recs
I would eat that up
They’re missing an opportunity here.
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
Thanks, Dominik
for going through this for us. I would otherwise never, ever even bother, what with the headache risk and all.
It's interesting
that there isn’t something similar to the RFA situation where the club with the rights can match an offer. Would seem to prevent Lindros-type situations from happening (which I imagine is what the compensation for first-rounders is about).
I've always thought about this in the following context:
If a player is of Lindros-style import, then he’s going to sign with his drafting team, because no way does he (nor his team) wait four years to get him into an NHL uniform.
But if a player is more of a questionable shot to make it at all — and if he’s entering the league at a later age as it is — he has more options.
I figure that must’ve been part of the thinking when they designed it anyway. But of course I’m not sure, because the CBA has so many left turns (and further, so many of those turns are holdovers from the previous CBA, which has never been publicly available).
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
other college players
What stops them from doing the same thing and becoming free agents? Players like Lee and Nelson? I know they need a few more years, but couldn’t most players leave, not sign then declare FA?
Not Smart to Play Chicken With Garth
Garth has demonstrated that he’s pretty fair with players in contract negotiations, but he’s also a tough negotiator. If I were Gregoire (or his agent) and I wanted to sign with the Islanders because there are openings to play and move to the NHL quickly, I wouldn’t go overboard in making demands.
And what’s this about slapping lawyers around? We slap back – usually when you’re not looking or if somebody’s holding you down. (LOL!)
by rmblifn on May 19, 2011 8:14 PM EDT reply actions 2 recs
I was wondering who'd call me on that!
My brother’s a lawyer, so he’ll happily slap me back for you by proxy. (There’s probably better Latin I could use, but the hour is late!)
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.
Here's my opinion...
30 days or June 1st…
If he plays hardball?
I say sign him, then ship him to Florida with our 2nd round pick to pick #3.
by Sal Interlandi on May 19, 2011 11:06 PM EDT reply actions
Sign-and-trade is interesting
I mean I suspect you don’t do it because then future prospects deal with you with a level of suspicion. However, you could argue it was just two parties using the leverage they had. You leveraged a higher salary, we leveraged you into something different.
Ottawa did that with Havlat (already in the NHL) once upon a time.
Lighthouse Hockey: A flute with no holes is not a flute. A doughnut with no hole is Frans Nielsen.

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