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Tuesday, November 23, 1999
NHLPA is in a tough spot on Yash
The National Hockey League Players' Association must support the Ottawa Senators and the NHL in their stance against Senators centre Alexei Yashin.
If that's too hard for them to stomach, the least they can do is stay out of a situation that isn't covered by the collective bargaining agreement (CBA).
Any action by the union that supports Yashin in any way would send out a dangerous message, one that says legally binding contracts are fair game.
Yashin is embroiled in what will become a landmark contract dispute if and when it ever gets to the courtroom.
He has one year left on a contract, which he is refusing to honour. He and his agent Mark Gandler want the Senators to do one of several things: renegotiate his contract, sign an extension for an exorbitant amount of money or trade him.
As it turns out, the Senators didn't want to do any of the above since they believe -- rightfully -- that Yashin has an obligation to fulfil the terms of his contract.
They believe this because when Yashin signed this contract, no one was holding a gun to his head. If he had a lousy couple of years, the Senators would have had no options but to pay him. They couldn't have simply said, "We paid too much for what we are getting, so we won't pay."
As it turns out, Yashin had a couple of very good years, so he feels underpaid. Yashin and his agent feel a contract should only work one way -- to the benefit of the player.
Yashin decided he wouldn't play. The Senators decided they wouldn't pay and suspended the disgruntled employee. They also indicated that since the company and employee had a legally binding contract covering a specific number of years, Yashin would be obligated to work all the years of that contract.
The NHLPA is in a difficult situation. It doesn't like what Yashin has done. But like most unions, it feels that it should protect its dues-paying players in confrontations with management, no matter how slimy the actions of those players.
And it isn't just about money. Unions don't like having management controlling personnel decisions. That's why they fight for their members at all costs, rightly or wrongly, whether it's a monetary issue or a criminal one.
It's difficult to believe that unions would also protect a sexual harasser or wife-beater, but it happens and it's wrong, especially if it affects other members of the union.
That's the role a union thinks it must fulfil.
The union has determined that the contract between the employee and employer is legally binding. The employer has done nothing wrong. The action that the employer plans to take, adding the last year of his contract to next season, isn't covered by the CBA.
The responsible message the union needs to send to management and its members is the following: "We will fight to get you the best deal possible. We will represent you with all our strength. But the only way all of this will work is if both parties abide by not only the CBA, but by contracts that are legally binding."
Imagine if the union came out and decided to fight the Senators' bid to add the year Yashin has missed to his contract?
What's to stop any player who suddenly decides he doesn't want to fulfill his contract from sitting out a year?
Money? Hardly. The type of player we are talking about is well-off enough financially to get through the season.
While it's tough to miss out on $4 million a year, a star player knows that if he sits out that season and is free to negotiate with anyone he wants, chances are he'll make that back and more.
Meanwhile, the Senators, who have done nothing wrong, are punished by losing the player and the year of service they are legally owed.
The union may feel it has to stand behind Yashin, or it sends the wrong message to its dues-paying members. The union, though, had better start thinking about the type of message it's relaying if it does stand behind him.
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