For the primary time in three years, the NHL Players’ Association and licensed participant brokers gathered on Wednesday for his or her annual one-day assembly.

There was a way of normalcy – lastly, on the again finish of the pandemic – but additionally a touch of potential drama brewing within the room.

The query and reply session with NHLPA government director Donald Fehr was anticipated to be the principle occasion. Agents needed solutions to powerful questions concerning the Arizona Coyotes’ enviornment fiasco, projected revenues, the Kyle Beach investigation and, most significantly, the 73-year-old Fehr’s future on the helm.

One agent even purportedly went so far as sending a manifesto to Fehr and the NHLPA forward of the assembly to advise them of questions he’d like answered.

Yet Wednesday’s assembly was drama-free — as a result of the principle occasion by no means occurred.

According to brokers within the room, Fehr by no means fielded questions, like he has after every of the conferences throughout his 11-year tenure – as every government director did that got here earlier than him, too.

Agents had been as a substitute advised that Fehr was unavailable for questions, and the assembly was abruptly adjourned.

That was the newest in a sequence of indicators indicating the numerous stress Fehr is going through, from a number of constituencies now, to get transferring on an exit technique.

It was, in spite of everything, manner again in 2014 that Fehr first talked about publicly {that a} “succession plan” can be so as after navigating the union’s third lockout in 2012-13, which noticed the gamers’ share of income decreased from 56 p.c to 50 p.c.

It’s 2022. Fehr turns 74 in July. He guided the gamers by the pandemic with an extension to the collective bargaining settlement that features a flat wage cap for the foreseeable future and a $1 billion debt to house owners, work that may be seen alternatively as Fehr’s most sensible or most brutal.

This settlement carries by not less than the 2025-26 season, shortly after which Fehr will flip 78.

The stress Fehr is going through just isn’t ageism, however somewhat by the perceived lack of worth he offers to the union outdoors of the essential wartime labor negotiating interval. Next to no new significant income has been generated by the NHLPA throughout Fehr’s tenure.

So, Fehr was requested level clean by Daily Faceoff on Wednesday: Have you been engaged on a succession plan?

Fehr responded: “If I was, I wouldn’t tell you.”

The follow-up query: Do you are feeling growing a plan is vital?

Fehr’s response: “I’m not going to comment on an internal matter like that at all. When and if an announcement is made, or a decision is made, won’t be soon.”

Let that final clause from Fehr ruminate for a second.

Won’t. Be. Soon.

Fehr knew the query was coming. He has heard the rumblings. He learn the tales about his alleged fumbling of knowledge pertaining to Kyle Beach, the hypothesis about his job safety again in November.

The well-spoken legal professional uttered phrases of a person who’s assured he has absolute energy over the NHL Players’ Association. Some near Fehr suppose he may probably take into account a transition in 2024 after the subsequent iteration of the World Cup of Hockey is accomplished. Not earlier than then.

That timeline doesn’t look like rooted in actuality, as a result of following this week’s agent conferences, one factor is evident: The clock is ticking on Fehr’s tenure.

Patience is sporting skinny amongst brokers, some gamers and, most critically, now the NHLPA’s personal senior workers.

Perhaps as a substitute of asking Fehr about his potential succession plan, it will have been extra acceptable to ask the NHLPA why the affiliation’s government board just isn’t offering one to him?

That is the everyday company governance for almost each front-facing enterprise. The board dictates to the CEO, not the opposite manner round. On paper, that could be so with the NHLPA however not in practicality.

Constitutional Monarchy

The reply to the above query lies on Page 13 of the NHL Players’ Association’s Constitution.

Fehr formally took over as government director on Dec. 18, 2010, after overwhelmingly being accredited by a membership-wide participant vote. Fehr labored behind the scenes within the months previous to that vote to enact modifications to the structure.

“You have an organization of professional athletes who are in a period in which they can use some help, and if I can be of some assistance to them in the process, given the long experience I’ve had, I’d like to try and do it,” Fehr advised reporters on Nov. 12, 2009. “I didn’t represent professional athletes for 32 years because I thought that was not the thing I wanted to do. Hopefully, I’ll be able to give them some assistance which will make this task a little easier for them.”

On the floor, the modifications proposed by Fehr and the structure subcommittee had been designed to stabilize the union and stop what occurred earlier than. There had been three positions of energy – government director, ombudsman and normal counsel – all designed to work as a system of checks and balances, unbiased of each other.

The place of ombudsman, which helped oust predecessor Paul Kelly, was eradicated. Meeting quorums had been decreased. The affiliation’s normal counsel would now report back to the chief director, not the chief board.

In actuality, the modifications gave option to autocratic rule.

Fehr, the person who was solely purported to be a advisor within the search course of, was voted in simply over one month later.

Fehr advised gamers then that he didn’t want a contract, that he would serve at-will. The finish consequence was this clause within the structure, in keeping with a replica obtained by Daily Faceoff:

ARTICLE VI – EXECUTIVE DIRECTOR
Section 1. Appointment and Terms of Service

The Executive Director shall be appointed by the Executive Board to serve on such phrases and underneath such
situations because the Executive Board could take into account acceptable. The Executive Director shall be accountable to the Executive Board, and will serve for as long as she or he enjoys the belief and confidence of the Executive Board.

That has additionally created what is actually, for Fehr, a place with no finish date. Fehr has earned not less than $30 million USD over his 11-year tenure, in keeping with sources.

If Fehr looks like somebody who just isn’t in a rush to go away his publish, it’s as a result of except he decides to step down on his personal volition, he is aware of that it’s going to take a large effort to vote him out from an government board of 32 gamers, who at finest are disorganized and at worst are largely detached.

Countless generations of gamers within the affiliation’s historical past have had their indifference preyed upon by leaders, since they’re largely frightened about their subsequent sport or subsequent contract.

In order for Fehr to be eliminated, it will take 18 “yes” votes in a closed-door government session assembly (with out Fehr) with not less than 20 gamers current for quorum.

When critical allegations had been made by former participant Beach final October, barely greater than 80 gamers joined that specifically known as assembly, and all they wanted to do was activate a pc.

Kyle Beach Investigation

Fehr was under fire in that Nov. 1 assembly when known as on the carpet by gamers to reply to Beach’s allegations.

Just days prior, Beach stated in an emotional interview with TSN’s Rick Westhead that he questioned Fehr’s potential to proceed to steer the NHLPA.

“I know I reported every single detail to an individual at the NHLPA, who I was put in contact with after I believe two different people talked to Don Fehr,” Beach advised TSN. “For [Fehr] to turn his back on the players when his one job is to protect the players at all costs, I don’t know how that can be your leader.”

The physician or therapist whom Beach was reportedly put involved with, Dr. Brian Shaw – additionally the administrator of the NHLPA’s Player Assistance program – was seen at Wednesday’s agent assembly, despite the fact that the NHLPA urged again in November that he can be faraway from his publish because of the alleged negligence.

While the temperature was sizzling heading into that Nov. 1 assembly, cooler heads finally prevailed. The gamers by no means requested for a so-called “executive session,” by which Fehr can be requested to go away the assembly, so they might deliberate on his future.

Just a few gamers requested powerful questions, however Fehr advised gamers on the decision that if particulars had been offered, he certainly would have acted on Beach’s behalf – even when he was not a full-fledged union member.

Fehr beneficial that an unbiased investigation be commenced by an outdoor agency, a measure that was accredited by the chief board. The NHLPA retained Philadelphia-based agency Cozen O’Connor by its Toronto workplace to conduct the investigation.

More than 5 months later, the NHLPA says it nonetheless has not obtained the report.

“We expect it to be in the near future,” Fehr stated Wednesday. “I don’t know what it will say. I haven’t seen it.”

When requested whether or not the NHLPA plans to make the findings public, Fehr responded: “It’s not my decision, I’m not in charge of this process. It’s up to the [executive board].”

When requested whether or not Fehr had an opinion as as to whether the findings must be made public, he responded flippantly: “If I did, I would give it to [the executive board].”

It was main as much as that Nov. 1 assembly, 5 months in the past, that the principle subject of dialog was Fehr’s job standing, whether or not a succession plan must be within the works. His job safety went unmentioned once more till Wednesday – the identical day the NHLPA positioned a gag order on brokers prohibiting all future public touch upon inside union issues.

History Repeated

History usually offers the perfect indicator for clues as to what may occur subsequent.

What do Alan Eagleson, Bob Goodenow, Ted Saskin and Paul Kelly have in widespread? They are the 4 full-time government administrators of the NHLPA, and so they had been all fired.

It ended badly – and bloody – for all 4 of them. That was probably one of many considerations Fehr had when taking the publish. No one appears to get out clear.

Similarly, Fehr has been right here earlier than. Whispers from the baseball world then indicated Fehr overstayed his welcome within the MLBPA, serving on the helm from 1985 till being notified his contract wouldn’t be renewed in 2009.

Yes, Fehr had a contract then with an expiration date, and he was given 5 months to assist get the MLBPA’s home so as earlier than his substitute can be discovered. Everyone saved face, and MLB gamers praised Fehr on the best way out for his tireless work.

Is that doable now?

There continues to be an opportunity. With change now afoot, there are two methods to do it: the onerous or the straightforward manner.

With the assistance of senior workers, the NHL’s gamers and government board can drop the gloves and make it messy. They can go toe-to-toe with a sports activities labor titan.

Or, it will be seemingly useful for all if Fehr left on his personal accord and triggered the clause in his employment settlement, which is believed to incorporate a three-month buffer interval, a time by which a correct government search agency can discover the chief for hockey’s subsequent era of gamers.

That would enable for a pleasant, orderly transition of energy, as a substitute of plunging the union as soon as once more into the one chaos it appears to know.



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