Chili said:
In the last cba players did have to 'opt-in' to the draft. (
opt in form).
We'll see if there is anything similiar in a new cba.
As far as restricting employment, it only alots your rights to one team. And has happened numerous times, rights are traded for players not wanting to play for that team. There were also some re-entry provisions in the old cba while some others don't sign and end up becoming free agents. Teams have only had so long to sign draftees (excluding Europeans) under the old cba.
That Opt-In form is only for 18 year olds. 19 and up are always draft-eligible, no choice.
From the last CBA:
8.4. Eligibility for Claim.
1. All players age 19 or older are eligible for claim in the Entry Draft, except:
1. a player on the Reserve List of a Club, other than as a Try-Out;
2. a player who has been claimed in two prior Entry Drafts;
3. a player who previously played in the League and became a free agent pursuant to this Agreement;
4. a player age 21 or older who played hockey for at least one season in North America when he was age 18, 19 or 20.
2. In addition to the players referred to in sub-paragraph (a), any player who (i) will be age 18 on or before September 15 in the year in which such Entry Draft is held, or (ii) reaches his 19th birthday between September 16 and December 31, both dates included, next following the Entry Draft and who in either case wishes to become eligible for selection in the Entry Draft, can attain eligibility by delivering to the League a written notice in the form of Exhibit 3 hereto prior to the later of (A) May 1, or (B) seven days following the date such player finishes competing on his team in the year in which such draft is to be held.
The NHL and the draft is not like working for companies X, Y, and Z. Yes, the draft is a restriction on employment and a restraint of trade that would in most situations be blatantly illegal. But it's not, because those restrictions were negotiated as part of a CBA, and as such have exemptions from anti trust restrictions.
Now, you say the potential draftee is not a member of the NHL and never agreed to those terms. True, he wasn't a NHLPA member when he was drafted, but as soon as he signs with any team he must sign the Standard Players Contract which makes him retroactively agree to all the terms of the CBA, including the draft.
A player cannot opt out of the draft and treat himself as a UFA - if he's drafted, he's drafted.
If a player doesn't want to play for the team who holds his draft rights, he has few options:
- If he's a high profile enough prospect, he may be able to force a trade. See Lindros, Eric.
- If he's a CHL player, he can just refuse to sign, wait 2 yrs and either go back into the draft or become a UFA then (depends upon age).
- For US HS or College players, the team owns the rights for at least 6 mos after graduation.
- For other (non-North American) players, the team owns the draft rights indefinitely, as long as they are playing overseas.
8.6. Reserve List-Exclusive Rights.
1. A player selected shall be registered on the Reserve List of the selecting Club as an "unsigned draft choice."
1. Subject to the provisions of subsection (ii) of this Section and of subsections (b), (c) and (d) hereof, such registration by the selecting Club shall establish for such Club the exclusive right of negotiation for the services of each player selected and registered as against all other professional clubs up to and including June 1 of the calendar year next following the date of his selection.
2. If such player continues to play hockey as an overage player for a Major Junior Club, in the season following his selection, such registration by the selecting Club shall establish for such Club the exclusive right of negotiation for the services of each such player selected and registered as against all other professional clubs up to and including the next June 1 following the date of his selection.
2.
1. A player selected who is a bona fide college student at the time of such selection or who becomes a bona fide college student prior to June 1 of the calendar year next following the date of his selection may be retained on the Reserve List of the claiming Club as an "unsigned draft choice" so long as he remains a bona fide college student and thereafter for 180 days plus the period between the end of said 180 days and the next June 1; provided always that such a player may at any time by notice in writing delivered to the claiming Club, with copy to the Central Registry, declare his desire to be tendered a Player Contract with that Club.
2. Upon receipt of such notice, the claiming Club may tender to the player a Player Contract for a term corresponding to his age as required under Section 9.1(b) commencing at the start of the next regular playing season.
3. If the claiming Club fails to tender to the claimed player a contract within thirty days of filing of the notice by the claimed player in the Central Registry, the player shall be eligible for selection in the next Entry Draft if he is otherwise eligible in accordance with Section 8.4(a).
4. For purposes of application of this section, a player playing for his Olympic or National Team shall be deemed to be at college.
3. A player who, having been selected by a Club and having been placed on its Reserve List as an "unsigned draft choice," enters into an agreement with any person or organization, other than a Club of the League or a member club of an affiliated professional league, which agreement includes the obligation by the player to provide his services as a hockey player, may be retained on the Reserve List of the claiming club as a "defected" player for so long as said agreement to provide his services as a hockey player or any renewal or extension thereof remains in effect. Such player shall be subject to the provisions of Section 10.2(b).
4. If, on or before June 1 of the calendar year next succeeding the draft, the claiming Club makes a Bona Fide Offer (as defined below) to its claimed player of a contract, the Club shall retain the exclusive right of negotiation for the services of such player up to and including the second June 1 following the date of his selection.
A "Bona Fide Offer" is one which is for a period corresponding to the player's age as required under Section 9.1(b) commencing at the start of the next League Year, offers at least the NHL Minimum Compensation for each year covered by such offer and remains open to the player for at least thirty days after receipt of the offer by the player. A Bona Fide Offer may be conditioned upon acceptance by the player within thirty days and carries no right to salary arbitration.
5. Except as otherwise provided in this Section, a claimed player unsigned on June 2 next succeeding his draft shall be removed from the Reserve List of the Club that claimed him.