JojoTheWhale
Lemme unload.
- May 22, 2008
- 34,672
- 108,209
Reddit of course is siding with the Flyers unquestionably
I made the mistake of checking that thread. The top response was a guy openly using ChatGPT to tell him the salary cap impacts.
![laugh :laugh: :laugh:](/styles/default/xenforo/smilies/laff.gif)
Reddit of course is siding with the Flyers unquestionably
I know which ones I want on my team. Be a f***ing Flyer, eh?Some of these guys take that advice & call it quits. Others push through.
I have a feeling that your next article could be taking shape.
whatever is the darkest outcome is what will come to pass..From a union standpoint (I was a former union steward with the Power Worker's Union in Ontario), I'm intrigued by how the NHLPA is going to defend Johansen. If the NHL and the Flyers can prove that Johansen was negligent in his treatment for whatever ails him, they'll nail him to the wall. And you can bet that the union will crucify him. If it's also determined that his agent played a role in Ryan's negligence, it's very possible that Overhardt could be decertified as an NHLPA agent.
If the Flyers are found to have acted against the Collective Bargaining Agreement in terminating Johansen's contract, they'll be a pariah franchise in the NHL. Forget about agents having their clients go there whether it be by trade, free agency or draft. Forget about any team wanting to deal with the Flyers.
This is something that could really blow back on either the NHLPA or the Flyers. There's a lot at stake here. The Flyers really need to have their collective ducks lined up on this one because you can bet the NHLPA labour law lawyers are going to be ruthless and thorough on this.
First off, I'm a firm believer in "baking" thoughts. You should just right one long stream of consciousness rant about everything Flyers. Like a few thousand word run-on sentence.Life kinda went banoodles* since I started so I haven't gotten anything good done since my first, but yes things have cleared up. I have about 7,000 words of unsorted nonsense to muddle through but I'll be chopping a couple things up to put out in the world tonight.
Opening a second lane, so it'll be Rants or Deep Dives. We'll start light and easy with a rant: "Guys Who Don't Want to Be Flyers Vol. 1" before diving in on "To Understand Flyers' Drama, Look to the Top" (working titles). I also want to write a rant about the Flyers' stupid obsession with "Be a Flyer" archetypes but I haven't baked thoughts yet. So we'll get this thing in motion!
*it's a word if Future raps it
This should be interesting. When did he schedule the surgery? For what injury? When/how was it sustained? Did the Flyers medical team sanction this intervention?And if he has had surgery scheduled as his agent claims, well, that's that.
I also want to write a rant about the Flyers' stupid obsession with "Be a Flyer" archetypes but I haven't baked thoughts yet.
Senior Advisor | Bill Barber |
Senior Advisor | Bob Clarke |
Senior Advisor | Paul Holmgren |
Senior Advisor | Dean Lombardi |
Senior Advisor | Bob Murray |
All these examples you give are serious and too numerous, but don’t let time healing the wounds Chuck inflicted on us blind us to all the awful things that happened while he was here. The team was sued by two trainers who developed a rare type of cancer by having Zamboni exhaust venting into their work area for Pete’s sake. That’s some next level stuff right there.The pattern of general ineptitude is what troubles me:
The Cutter mess
The Hathaway extension
Not moving Laughton or TK
Torts scratching Couturier
passing on Buium
Kolosov
And now the RyJo mess
I thought it couldn’t get worse than Cuck, sadly, I might have been too optimistic with that one.
cue Ryan Ellis playing golf but unable to play hockey in 3...2...1..Cam Atkinson, eh?
Lol if the Flyers side is based off of a guy dancing at his wedding being some massive incriminating thing that means he can actually play ice hockey.
I've had ... the time of my LTIR!Imagine the newspaper headlines. "Dancing on my Own", "Last Dance for RyJo", "Footloseyourcontract", "Honeymoon Horror", "LTIR and Find Out".
Sidebar: I'm extremely disappointed I can't find a gif of Craig Kilborn saying "It's Friday, and I just wanna dance, dance, dance!" on the internet. People who remember that era of the Daily Show are my people
I've had ... the time of my LTIR!
(That's funnier in my head, but whatever)
BRAVO FadeToBlackI am sure the Flyers' lawyers have been over this with a fine toothed comb, and probably consulted with the league before doing this.
Let's run through a quick timeline here.
RyJo plays every game, 63 of them, for Colorado, from October to March 4th.
March 6th, Flyers trade for him, fail to find a taker in a flip even with 50% retained, cuz he sucks.
March 7th, Flyers demote him without him playing a single game for them.
RJ proceeds to refuse to report, claiming injury.
This alleged injury is severe enough to sideline him the rest of the season, but he doesn't schedule his surgery until... What? Just before camp? Five and a half months after the injury was disclosed? What was he doing in those Five and a half months?
C'mon, you aren't all this gullible are you? Guys 100% trying to play the LTIRetirement system to get all his money without the work. Problem is, you have to actually be hurt for that to work, not just in danger of being forced to play out your contract in the AHL because you suck.
The injury clauses in the SPC are below; Worth a read even if you think the Flyers are in the wrong. They have probably jumped through a lot of hoops behind the scenes to get here.
5. (a) Should the Player be disabled or unable to perform his duties under this SPC he shall submit himself for medical examination and treatment by a physician selected by the Club, and such examination and treatment, when made at the request of the Club, shall be at its expense unless made necessary by some act or conduct of the Player contrary to the terms and provisions of this SPC or the rules established under Paragraph 4. At any time a physician selected by a Club makes a determination as to whether or not a Player is disabled and unable to perform his duties as a hockey Player for purposes of this Paragraph 5 of this SPC, such physician shall evidence such determination by fully completing the form attached to the CBA as Exhibit 25-A, which shall be provided to the Player at the time such determination is made and immediately provided to the Club as well. Upon receipt of such fully completed form, the Club shall send an electronic copy forthwith to the Player, his Certified Agent, the NHL, and the NHLPA (the "Recipients"), which shall contain the language from CBA Exhibit 25-A contained in the "Message to Player", provided, however, that the Club's failure to include such language shall not affect the timeframes set forth in this Paragraph 5, or otherwise prejudice the Club.
(b) If the Player, in the judgment of the Club's physician, is disabled or is not in good physical condition at the commencement of the season or at any subsequent time during the season (unless such condition is the direct result of any injury sustained during the course of his employment as a hockey Player with the Club, including travel with his team or on business requested by the Club) so as to render him unfit to play skilled hockey, then it is mutually agreed that the Club shall have the right to suspend the Player for such period of disability or unfitness, and no compensation shall be payable for that period under this SPC.
(c) If the Player is injured during the course of his employment as a hockey Player with the Club, including travel with his team or on business requested by the Club, the Club will pay the Player's reasonable hospitalization until discharged from the hospital, and his medical expenses and doctor's bills, provided that the hospital and doctor are approved by the Club. This approval will not be unreasonably withheld.
(d) It is also agreed that if the Player, in the sole judgment of the Club's physician, is disabled and unable to perform his duties as a hockey Player by reason of an injury sustained during the course of his employment as a hockey Player, including travel with his team or on business requested by the Club, he shall be entitled to receive his remaining Paragraph 1 Salary and Signing Bonuses due in accordance with the terms of this SPC for the remaining stated term of this SPC as long as the said disability and inability to perform continue but in no event beyond the expiration date of the fixed term of this SPC. In consideration of the payment of such Paragraph 1 Salary, as well as payments made by the Club to fund the Hospital, Major Medical, Visioncare and Dental Plan, career ending disability policy and serious disability policy and other consideration (including the payment of salary referenced herein, where applicable), the Player does hereby covenant that in the event he receives full payment of a claim under such career ending disability policy or serious disability policy, he personally releases and will release, and will cause his corporation if a corporate contract is involved to release, the Club, the League, the NHLPA, all other Clubs, the insurance carrier, and the servants, employees, officers and agents of each of the above from any and every additional obligation, liability, claim or demand for any additional salary or other payments, arising out of or relating to such injury or the treatment thereof, including without limitation liability in tort, and extending to all damages, whenever arising.
(e) In the event that the Player wishes to seek a second opinion in respect of the Club Physician's determination regarding the Player's fitness or unfitness to play, the Player shall provide electronic notice to the Club (unless the Player provides notice by any other means to the General Manager, Assistant General Manager or the Head Athletic Trainer) that he is seeking a second opinion pursuant to Paragraph 5 of the SPC by no later than 5:00 pm New York time on the third day after the electronic notice referred to in Paragraph 5(a) above is sent, except that, if the notice referred to in Paragraph 5(a) above is sent after 5:00 pm New York time the Player shall have until 5:00 pm New York time on the fourth day to provide such notice. Upon receiving notice that the Player is seeking a second opinion, the Club shall promptly provide the Player its complete medical file on the Player in respect of the Player's condition that is the subject of the Club Physician's determination. The Player must obtain a second opinion within five (5) days (or later only upon showing of good cause) of the electronic notice from the Club.
(f) The physician consulted by the Player ("Player's Physician") in accordance with Paragraph 5(e) must make a determination as to whether the Player is disabled and unable to perform his duties as a hockey Player and shall evidence such determination by fully completing the form attached to the CBA as Exhibit 25-A, which shall be provided to the Player at the time of the examination, with an electronic copy sent forthwith to the Club and the Recipients. The Club Physician and the Player's Physician must consult as expeditiously as possible and, in any event, by no later than 5:00 pm New York time on the third day after the Player is sent electronic notice of the determination by the Player's Physician (referenced in this Paragraph 5(f) above) (or later only upon a showing of good cause).
(g) (i) If, after consulting as provided for in Paragraph 5(f), the Club Physician and the Player's Physician agree that the Player is either disabled and unable to perform, or not disabled and able to perform, his duties as a hockey Player, their agreed-upon determination shall be evidenced by fully completing the form attached to the CBA as Exhibit 25-B (as set forth in Paragraph 5(g)(i)(iii)). Such determination shall be conclusive, final and binding upon the Club and the Player, absent a showing of improper interference with the procedures set forth in CBA Section 17.7 and Paragraph 5 of the SPC.
(ii) If after consulting as provided for in Paragraph 5(f), the Club Physician and the Player's Physician cannot agree on whether the Player is disabled and unable to perform his duties as a hockey Player, they shall each evidence such disagreement by fully completing the form attached to the CBA as Exhibit 25-B (as set forth in Paragraph 5(g)(iii)).
(iii) Pursuant to either Paragraph 5(g)(i) or 5(g)(ii) above, the Player's Physician shall complete his/her portion of Exhibit 25-B first and then shall send such form to the Club Physician. The Club Physician shall then complete his/her portion of Exhibit 25-B and then shall send such fully completed form to the Club, the Player's Physician and the Recipients. (iv) If the Club Physician and the Player's Physician cannot agree on whether the Player is disabled and unable to perform his duties as a hockey Player pursuant to Paragraph 5(g)(ii) above, they shall confer and agree on an independent physician to examine the Player. The independent physician must be selected as expeditiously as possible and, in any event, within the time frame referred to in Paragraph 5(f) above (or later only upon a showing of good cause). If the Player's Physician and the Club Physician are unable to select the independent physician within such period, the independent physician shall be selected jointly by a medical designee appointed by the NHL and a medical designee appointed by the NHLPA. That selection shall take place as expeditiously as possible, but not later than 5:00 pm New York time on the second day after referral to the NHL and NHLPA medical designees.
(h) Following the selection of the independent physician pursuant to Paragraph 5(g)(iv), the NHLPA (with a copy sent forthwith to the Club and the Recipients) shall provide the independent physician with a completed form set out in CBA Exhibit 25-C. The Club also shall send to the independent physician a copy of the medical file that it had forwarded to the Player pursuant to Paragraph 5(e). The Player shall direct the Player's Physician to forward to the independent physician a complete copy of his medical file in respect of the condition that is the subject of the Player's Physician's second opinion pursuant to Paragraph 5(h). The Player must submit himself to examination, and the independent physician must examine the Player, within five (5) business days of his selection (or later only upon a showing of good cause). The independent physician shall make a determination of whether the Player is disabled and unable to perform his duties as a hockey Player and evidence such determination by fully completing the form attached as Exhibit 25-A, which shall be provided to the Player at the time of the examination and an electronic copy sent forthwith to the Club and the Recipients.
(i) The independent physician's determination as to whether the Player is disabled and unable to perform his duties as a hockey Player shall be conclusive, final and binding upon the Club and the Player, absent a showing of improper interference with the procedures set forth in CBA Section 17.7 and Paragraph 5 of the SPC.
(j) If, pursuant to Paragraph 5(g) or Paragraph 5(h) a Player examined in connection with Paragraph 5(d) is declared to be unfit for play by reason of an injury sustained during the course of his employment as a hockey Player, including travel with his team or on business requested by the Club, he shall continue to receive the full benefits of this Agreement in accordance with the provisions of Paragraph 5(d). If such Player is declared to be physically able to play and refuses to do so, he shall be liable to immediate suspension without pay. For the avoidance of doubt, if the Player is deemed to have had a separation from service (as defined in Treas. Reg. section 1.409A-1(h)) and, prior to such separation, the Player has not been disabled for purposes of Section 409A(a)(2)(C) of the Internal Revenue Code, any amount payable pursuant to this Paragraph 5(j) shall be paid over the Buy-Out Period prescribed by Paragraph 13(d) (i.e., over twice the remaining term of the SPC).
(k) If either the Club or the Player fail timely to comply with any of the requirements set forth in Paragraph 5, absent a showing of good cause, then such non-complying party shall be deemed to have acceded to the other party's position in such dispute.
(l) The Club and Player shall cooperate, and shall cause their respective physicians to cooperate, for the purpose of making medical records available to any physician who examines the Player pursuant to this Paragraph 5.
(m) For purposes of clarity, the Club Physician, the Player's Physician and the independent physician shall be charged only with determining whether the Player is disabled and unable to perform his duties as a hockey Player. Any other determinations, including whether a Player's disability is a hockey related injury, shall be within the jurisdiction of the Impartial Arbitrator.
(n) In connection with a disability which is not caused by an injury sustained during the course of his employment as a hockey Player including travel with his team or on business requested by his Club, the procedures set forth in this Paragraph 5 shall also apply to the Club Physician's determination regarding the Player's physical fitness to return to play. If the Player is declared to be fit for play, by the Club Physician and the Player's Physician, or by the independent doctor, he must perform his duties hereunder and shall be entitled to receive the full benefits of this Agreement. If he is declared to be not physically able to play, he shall not be entitled to the benefits of this Agreement until he has been declared to be physically fit to play by the independent medical specialist.
(o) The reasonable costs incurred by the Player in the course of obtaining a second opinion pursuant to this Paragraph 5 shall be borne equally by the Club and the Player.
And the termination clauses:
14. The Club may also terminate this SPC upon written notice to the Player (but only after obtaining Waivers from all other Clubs) if the Player shall at any time:
(a) fail, refuse, or neglect to obey the Club's rules governing training and conduct of Players, if such failure, refusal or neglect should constitute a material breach of this SPC.
(b) fail, refuse or neglect to render his services hereunder or in any other manner materially breach this SPC.
In the event of termination under Paragraph 14(a) or (b) the Player shall only be entitled to compensation due to him to the earlier of the date such notice is personally delivered to him or the date such notice is e-mailed to him.
In the event this SPC is terminated by the Club while the Player is "away" with the Club for the purpose of playing games the installment then falling due shall be paid on the first weekday after the return "home" of the Club.
Let’s say he’s trying to scam them or whatever, and I use that word loosely.
Is the potential blowback worth it? Pick your battles. Assuming they even win whatever dispute this will be with the union - why even gamble more negative perception toward the team when it comes to future players they might covet?
Warranted or not, they went after Hayes, and Gauthier pretty hard. Tortorella already seen as a likely the toughest coach in the NHL. Benching Couturier after riding him like a mule. These are just things we know that are recent.
This team has a really remarkable way of loading a gun, and looking down the inside of the barrel.
Embarrassing at this point.