Heatley rejects trade to Oilers

[gcom007 1,465]

This situation was bound to happen. Right from the start, Heatley jumped into a hole and started digging away and it's just getting deeper and deeper. What a mess. I don't know whether to feel bad for Ottawa or wonder what they could've possibly done to make players hate playing their so much.

If you watch Lost, you'll get this analogy...it's like Ottawa is the hatch from Season 2 that brings out the worst in the people in it.

Or maybe there's some black hole in Ottawa that sucks all the positivity away...

Heaven knows.

What a mess.

[Glubki 17]

The whole point of a NTC/NMC is that teams can't trade you or assign you wherever they feel like; it gives you a say in the matter. Heatley not waiving it probably means he didn't want to go to Edmonton.

Did you not understand that?

Isn't a NTC included in a contract under the assumption that a player who signs a deal actually fulfills his end of the bargain? A NTC is just one element of a larger contract and Heatley agreed to fulfill the obligations stated within when he inked his name on the deal. The league really needs to address this come bargaining time by mandating inclusionary clause waivers for all NTC's in the event of a trade request.

[Jedi 1,865]

I don't even think they can do anything with him... he has a NMC. Does anyone know the exact rules here? I don't think they can waive him. Can they buy him out? What an *******, jesus.

The only way they can get rid of Heatley without his consent is to buy him out. Since he has a No-Movement-Clause, he can't be traded, waived or sent to the minors without his consent.

Isn't a NTC included in a contract under the assumption that a player who signs a deal actually fulfills his end of the bargain? A NTC is just one element of a larger contract and Heatley agreed to fulfill the obligations stated within when he inked his name on the deal. The league really needs to address this come bargaining time by mandating inclusionary clause waivers for all NTC's in the event of a trade request.

Agreeing to play is all that is required as "fulfilling his end of the bargain".

And there's no way, NO WAY the NHLPA would agree to the league having any kind of say in a player's NTC or NMC. If the Sens didn't want to worry about Heatley pulling this kind of a move, then it's their fault for agreeing to include the NMC in the contract.

[Glubki 17]

The Senators fault? For not closing the loopholes - yes.

But not for including the no trade clause under the assumption that Heatley is going to be playing for them. Heatley is trying to circumvent his contract not by breaking it but by forcing the Senators to transfer the contract to another team of his choosing. Mandating inclusionary waivers would give the league no power over movement as long as the player remains with his contractual club.

Hell it doesn't even need to be mandated - after this crap you will see teams including waivers in the event of a trade request. I can't understand why they don't do it already. If some prima donna doesn't want to sign a contract knowing that if he weasels out of it down the road that he will than lose his NTC - piss on him.

[Jedi 1,865]

The Senators fault? For not closing the loopholes - yes.

But not for including the no trade clause under the assumption that Heatley is going to be playing for them. Heatley is trying to circumvent his contract not by breaking it but by forcing the Senators to transfer the contract to another team of his choosing. Mandating inclusionary waivers would give the league no power over movement as long as the player remains with his contractual club.

Hell it doesn't even need to be mandated - after this crap you will see teams including waivers in the event of a trade request. I can't understand why they don't do it already. If some prima donna doesn't want to sign a contract knowing that if he weasels out of it down the road that he will than lose his NTC - piss on him.

He's attempting to circumvent his contract? How? The only way he circumvents his contract is if he refuses to play. Exercising his right to refuse to be traded or moved to another team is a clause in the contract, not a loophole. Even refusing to be traded to a specific team is a right given to the player in the clause. Did you even read the stories leading up to this fiasco? Heatley gave the Sens a list of teams that he would accept a trade to.

The whole purpose of an NTC/NMC is to give a player a little bit of say in his fate. When the Senators included the NMC into Heatley's contract (something they did not have to do, BTW), they knew that there was a risk that this problem could happen. They did not expect at the time they offered the contract that this situation would present itself. However, they have no one to blame but themselves in the end, because Heatley is simply exercising one of his rights as stated in his contract. A contract that BOTH Heatley and the Sens agreed to, keep in mind.

The NHL CBA allows NTCs and NMCs, and even has sections describing the rules and restrictions therein. This proves that a player using his clause to deny a trade is not using a loophole, it's using the power that the team and the league has given him by accepting the contract. NHLSCAP.com has a great page showing all (or at least most) players in the NHL with an NTC or NMC. It also has the section in the CBA that explains NTC/NMC's.

From Article 11.8 in the CBA:

(a) The SPC of any Player who is a Group 3 Unrestricted Free Agent under Article 10.1(a) may contain a no-Trade or a no-move clause. SPCs containing a no-Trade or a no-move clause may be entered into prior to the time that the Player is a Group 3 Unrestricted Free Agent so long as the SPC containing the no-Trade or no-move clause extends through and does not become effective until the time that the Player qualifies for Group 3 Unrestricted Free Agency. If the Player is Traded or claimed on Waivers prior to the no-Trade or no-move clause taking effect, the clause does not bind the acquiring Club. An acquiring Club may agree to continue to be bound by the no-Trade or no-move clause, which agreement shall be evidenced in writing to the Player, Central Registry and the NHLPA, in accordance with Exhibit 3 hereof.

(b) A no-move clause may prevent the involuntary relocation of a Player, whether by Trade, Loan or Waiver claim. A no-move clause, however, may not restrict the Club's buy-out and termination rights as set forth in this Agreement. Prior to exercising its Ordinary Course Buy-Out rights pursuant to Paragraph 13 of the SPC hereof, the Club shall, in writing in accordance with the notice provisions in Exhibit 3 hereof, provide the Player with the option of electing to be placed on Waivers. The Player will have twenty-four (24) hours from the time he receives such notice to accept or reject that option at his sole discretion, and shall so inform the Club in writing, in accordance with the notice provisions in Exhibit 3 hereof, within such twenty-four (24) hour period. If the Player does not timely accept or reject that option, it will be deemed rejected.

Section B there pretty much puts it in black & white. The Senators gave Heatley the power to reject any trade or movement when they included the NMC in his contract. Heatley's exercising that clause in no way can be seen as exploiting a "loophole". Or if you're referring to Heatley stating he would only accept a trade to certain teams, that's not a loophole either. Look at the list of players with NTC's. Some of them have to submit a list like that every year to their team, or submit a list of teams they would NOT accept a trade to. The Senators had every right to try to include a clause like that in Heatley's contract, but for whatever reason they agreed to a full No Movement Clause. That clause, like it or not, rightfully gives Heatley all the power he wants over where he goes, and when he goes there.

[Glubki 17]

He signed a contract to play for the Senators for a certain period of time and receive compensation accordingly. He than asks to be traded which directly attempts to circumvent the terms of the contract by transferring it to another team.

He asked to be traded. That is the point of contention. The loophole isn't the NTC itself - that is black and white. The team had no intention of moving him until he asked to be moved. The NTC is there to prevent teams from trading a player or moving him to an undesirable location while he is under contract. Heatley is leveraging the clause to go to a location of his choosing not because the team wanted to trade him but because HE is dissatisfied with the Senators. That is a loophole in my opinion...

The difference is black and white and I agreed above that the Senators should have included stipulations for waiving the clause if he requested a trade. My opinion is that everything you listed above should be voided if the player is the one requesting the trade while under contract and should be written as such in the bylaws to avoid this in the future - The NHLPA can authorize a strike if they don't like it.

[Superman54 91]

he best represents what you call a "Dick". The headaches this kid has caused is ridiculous

[Jedi 1,865]

He signed a contract to play for the Senators for a certain period of time and receive compensation accordingly. He than asks to be traded which directly attempts to circumvent the terms of the contract by transferring it to another team.

He asked to be traded. That is the point of contention. The loophole isn't the NTC itself - that is black and white. The team had no intention of moving him until he asked to be moved. The NTC is there to prevent teams from trading a player or moving him to an undesirable location while he is under contract. Heatley is leveraging the clause to go to a location of his choosing not because the team wanted to trade him but because HE is dissatisfied with the Senators. That is a loophole in my opinion...

The difference is black and white and I agreed above that the Senators should have included stipulations for waiving the clause if he requested a trade. My opinion is that everything you listed above should be voided if the player is the one requesting the trade while under contract and should be written as such in the bylaws to avoid this in the future - The NHLPA can authorize a strike if they don't like it.

Again, The Senators were the one who gave Heatley that power when they agreed to the contract. If they wanted to include a stipulation that requesting a trade nullifies the NMC, then that's their fault for not including it before they signed him.

Heatley's request for a trade still falls within his rights, because he still has the right to determine which team(s) he would agree to a trade to.

Think of it this way. You go to a nice restaurant, one that you've never been to before. In your conversation with the waiter, you give him a list of things that you like to eat and ask him to find something along those lines. If he brings back something that's not on your list (ie, a salad when you don't like salads, or a steak but you're a vegetarian), are you just going to accept what he gives you? Perhaps that's an over-simplification of the scenario, but the concept is the same. How often do you accept being given something when it's not in line with what you're requesting?

Yes, Heatley requested the trade, that's black and white. But what is also black and white is that his contract has no provision stating that he forfeits the NMC if he requests a trade. Res ipsa loquitur, Heatley's request for a trade isn't exploiting a loophole in the contract.

The headaches this kid has caused is ridiculous

Agreed. I for one am glad that we were too cap-strapped to be able to entertain any real offers for him.

[cusimano_brothers 1,655]

From TSN:

Murray was blunt when asked where that leaves Heatley now.

"Nowhere, he's an Ottawa Senator," he said.

Looks good on Heatley.

[Detroit # 1 Fan 2,204]

I feel bad for Murray, goes to the Cup Final, re-signs King of the Puck Shooting, then locks up his 50 goal scorer, two horrible seasons later, one of them still sucks, and the good one wants out, but when he finally gets out, says "Nah" and doesnt leave. I'd be an alcoholic as we speak if I was in Murrays shoes

[Guest Shoreline]

Just hope the dust from this settles soon so the Senators can go through camp/preseason without this looming over their heads. You know the media will be all over them about it until then, keeping it fresh in their heads. Add onto that him spouting off to the media about it through his agents and I just see a person who made his own trade value go down by being a poison to the team framework of hockey. I had compassion for him, as I'm sure most did, when he moved from Atlanta, given the circumstances, but I can see he carried along with him the same irresponsibility. Too bad.

[evilmrt 636]

Put him in the minors or make him play backup goalie. Nobody wants an idiot like Heatley on their team, least of all the Senators.

[cusimano_brothers 1,655]

From TSN :

As the Senators paraded new signing Alex Kovalev before fans and the media Tuesday, Ottawa GM manager Bryan Murray offered up an interesting proposition -- the idea that disgruntled star Dany Heatley could still return and play alongside the highly skilled Kovalev.

"We can fit both of those guys on our team very nicely, maybe one on left and one on right wing," Murray said after presenting Kovalev with the No. 27 shirt during an introductory news conference at Scotiabank Place.

[CenterIce 83]

The Oilers are still trying to get him. They had some one hand deliver videos of their players to his agent.

http://www.edmontonjournal.com/sports/hock...9478/story.html

[Hockeytown0001 7,652]

Again, The Senators were the one who gave Heatley that power when they agreed to the contract. If they wanted to include a stipulation that requesting a trade nullifies the NMC, then that's their fault for not including it before they signed him.

Heatley's request for a trade still falls within his rights, because he still has the right to determine which team(s) he would agree to a trade to.

Think of it this way. You go to a nice restaurant, one that you've never been to before. In your conversation with the waiter, you give him a list of things that you like to eat and ask him to find something along those lines. If he brings back something that's not on your list (ie, a salad when you don't like salads, or a steak but you're a vegetarian), are you just going to accept what he gives you? Perhaps that's an over-simplification of the scenario, but the concept is the same. How often do you accept being given something when it's not in line with what you're requesting?

Yes, Heatley requested the trade, that's black and white. But what is also black and white is that his contract has no provision stating that he forfeits the NMC if he requests a trade. Res ipsa loquitur, Heatley's request for a trade isn't exploiting a loophole in the contract.

Agreed. I for one am glad that we were too cap-strapped to be able to entertain any real offers for him.

Part of me wants to agree with you, but the other part wants to scream "You're in the NHL making millions to play a game that one in every million gets to do. Shut your damn mouth and play."

[cusimano_brothers 1,655]

From TSN :

The Dany Heatley situation took another strange twist Friday with Edmonton Oilers GM Steve Tambellini publicly announcing he's no longer interested in the disgruntled Ottawa Senators sniper.

[rage 24]

From TSN :

Good for them. Although, not sure why it took them this long to decide this.

[cusimano_brothers 1,655]

From Ottawa Sun :

Dany Heatley’s quest to get out of Ottawa isn’t dead yet.

Senators GM Bryan Murray confirmed in an e-mail to Sun Media that he could have “an option†to move the disgruntled left winger, but with the clock ticking toward the opening of training camp Sept. 12 at Scotiabank Place, the club will have to move quickly.

Sources say the San Jose Sharks have more than a passing interest in the two-time 50-goal scorer, but if they’re going to make the deal, they might have to get a third team involved — possibly the Montreal Canadiens — because the Senators won’t accept what the Sharks have on the table.

[PROBIE4PREZ 58]

San Jose: Marleau/Cheechoo + 1st rounder (my guess)

Ottawa: Heatley

MTL: ?

[cusimano_brothers 1,655]

From TSN :

Dany Heatley will break his silence on Friday and will participate in both a media conference call and a follow-up press conference in Kelowna, B.C to address his ongoing stalemate with the Ottawa Senators.

[NeverForgetMac25 483]

Dany Heatley will break his silence on Friday and will participate in both a media conference call and a follow-up press conference in Kelowna, B.C to address his ongoing stalemate with the Ottawa Senators.

Whew! I've been on pins and needles all summer long waiting for him to break his silence. /sarcasm

Not a shot at you Cusimano....thanks for the update.

[cusimano_brothers 1,655]

Who knows; it could be the best press conference this off-season since Patrick Kane's script reading effort.

This was from a short while ago, but even his teammates are trying to figure out what's going on; from Ottawa Citizen :

His teammates, however, would welcome him back, as long as he showed himself to be sympatico with their goals. They'd embrace him as the good teammate he was before he demanded to be traded in June. They would, however, expect a full explanation.

"I think the big thing is that guys don't know why," Chris Neil said Wednesday as he took a break from serving as a guest instructor at an Ottawa Senators Summer Hockey Camp. "Everyone's in the dark here. I think guys would want an explanation.

"But, if Dany shows up at camp and he's ready to go, we'd welcome him back.

[Detroit # 1 Fan 2,204]

Not wanting to sound naive, but what is it with some players not wanting to be in Edmonton?...The cold weather?...Smaller town, and not much going on there?

Bad winters, dangerous place downtown/at night. I dont know why players avoid it like the plague though, it really isnt that bad.

[Hockeytown0001 7,652]

Who knows; it could be the best press conference this off-season since Patrick Kane's script reading effort.

This was from a short while ago, but even his teammates are trying to figure out what's going on; from Ottawa Citizen :

For whatever reason, I'm thinking that not every Sen would welcome him back so quickly.

[Aussie_Wing 354]

I know the Oilers were once an absolute powerhouse, and have a great history, but as far as I'm concerned they're one of the biggest 'meh' teams in the league these days. Good on Heatley.