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Wednesday, November 10, 1999
Marshall's law?
Senators GM only delivering the gospel according to Bryden
Senators GM Marshall Johnston stood at a podium yesterday in the the Corel Centre, reading from a prepared statement that sounded more like it was written by a lawyer than any hockey executive.
As Johnston, a man caught in the middle of this war, outlined the team's position on Alexei Yashin's future, it seemed that owner Rod Bryden should have been delivering the words.
The decision to suspend Yashin for the rest of the regular season had nothing to do with Johnston. Yes, he supports the position, but it's doubtful any GM ever wants to close the door on his top player.
While team president Roy Mlakar and Johnston will steadfastly deny it, the reason the Senators made their announcement on Yashin is because Bryden wants to take a hard line. Tired of what the owner considers Yashin's perpetual greed, the Senators came out, guns blazing, with the suspension and threat of further legal action.
Not only did Bryden use those weapons, he also maintained the club will not trade Yashin. The Senators expect him to honour the final year of his $3.6-million US contract next season.
NHL BACKS STAND
These moves should surprise no one. Bryden has the backing of the NHL and wants to send a clear message to Yashin he's not going to put up with this latest holdout.
"You've got to applaud Rod Bryden for the stance he's taking, but as a hockey man I couldn't do it," said San Jose Sharks scout John Ferguson, who drafted Yashin for Ottawa in 1992. "I couldn't say to my best player, you're not welcome here.
"I'm surprised that they're not going to trade him, because they've got the opportunity to make that team better and I'm sure there is somebody out there who would be willing to pay him that salary.
"With the way salaries are going up, you see a guy like Theoren Fleury getting $11 million (US) in New York and you have to wonder who would you want to have more, Alexei Yashin or Theoren Fleury? I can understand what Ottawa is doing, but it's a tough stance to take."
The reality is it will fall to an arbitrator or judge to decide if the team's position is legal under the NHL's collective bargaining agreement, or Canadian contract law.
If Yashin were to report to work tomorrow, it's believed the Senators would have to start paying him. The league and Senators might have found a legal loophole, but that will be up to the courts to decide.
The other option, should Yashin suddenly decide to rejoin the team, would be for the Senators to reverse this decision and welcome him back. However, they're carrying a banner for the NHL here, and that makes that option less likely.
BIG TRADE VALUE
"The thing about Ottawa is they've got a Stanley Cup contender there and if they had Alexei Yashin in the lineup, he might be the player that puts them over the top," said Ferguson. "But if they're not going to trade him, then they're also missing the opportunity to make their team better for the playoffs because he's a tremendous asset and they could get a lot for him on the open market."
Bryden has clearly thrown down a gauntlet here. But would the Senators go to court if he challenges the stance by reporting to the team?
This is a very carefully calculated move, but few people out there would call it brilliant. What happens if the Senators suddenly lose 10 straight games? Would they welcome Yashin back with open arms then?
Only Bryden knows.
SENATORS' STATEMENT:
I wish to update fans on the status of Alexei Yashin with our hockey club. Alexei has been suspended for the balance of this season, including playoffs. At this point in our season, it is important for our team, our players, and our fans to have some degree of certainty as to Alexei's availability for the balance of the season. The club's action today provides them with the certainty they deserve.
It is our view, supported by the National Hockey League, that, under the terms of his standard players' contract and the collective bargaining agreement, as well as under accepted principles of contract law, Alexei is obligated to deliver to our club one more full season of play under the terms and conditions of his contract. Restricted free agency will arise only after that obligation has been met. We therefore look forward to Alexei playing for the Senators for the 2000-2001 season, or in a subsequent year, under the terms of his current contract.
The extent of financial damages suffered by the club as a result of Alexei's breach of contract will be clearer at the conclusion of the season. At that time, the club will take appropriate action through the arbitration procedure set forth in the collective bargaining agreement to recover these damages, and will be supported by the league in this action as well.
We are disappointed that Alexei has chosen not to perform under his contract. Moreover, while we recognize the probable value that could be gained by the club by entertaining trade offers for Alexei's contract, we believe the best interest of our club and fans would not be served by consummating such a trade. We strongly believe that the long-term future of our club in Ottawa depends upon players respecting the contracts they agree to. As a result, we will not consider a trade of Alexei.
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