Dominic Tiano: How the new NHL CBA affects the Bruins

Dominic Tiano is back with a helpful quick guide to the NHL’s recent extension of the CBA and how it impacts the Boston Bruins (specifically) and league writ large.- KL

The National Hockey League and the Players Association have agreed to a new six-year Collective Bargaining Agreement – a re-negotiation of the remaining 2 years plus 4 additional years. In the end, we have six years of labor peace moving forward.

First of all, NHL Commissioner Gary Bettman and NHLPA Head Donald Fehr deserve an endless amount of credit for this accomplishment. They’ve taken their time, and while not everyone is happy, they’ve gone about this in the right way – something we can’t say about other professional sports leagues. The NHL has experience in work stoppages – for other reasons – and the experience to come out of them. And when they do, they come out stronger than ever. And there is nothing to suggest it won’t happen again.

So, what changes affect the Boston Bruins in the immediate future? Here are some thoughts on what that’ll look like:

Minimum Salary

Beginning with the 2021-2022 season, the minimum salary rises from $700,000 to $750,000 and again in 2023-2024 to $775,000. With Connor Clifton and Jeremy Lauzon’s new contracts taking effect next season, it’ll not affect them. The only player this will have an affect on is Kyle Keyser, who will get an automatic raise from his $733,000 in his final year.

35+ Contracts

They are a thing of the past. Under the old CBA, any player that signs a contract at the age of 35 has their cap hit remain if they choose to retire for any reason. This affects Zdeno Chara right away as he is set to become an unrestricted free agent. However, you can not sign a 35+ player to a two-year deal with a lower salary in the second year to lower the cap hit as it must be ascending in year two or beyond. It also comes into play with Jaroslav Halak who’s deal is a 35+ next season. David Krejci will fall under that in 2021 and Patrice Bergeron a year later.

NTC/NMC Trades

Under the old CBA a team acquiring a player with a no trade or no movement clause had the option to extend those clauses after acquiring a player. That is now gone and the clauses will automatically follow the player to his new team, regardless if he waived his clause for the trade.

Arbitration

There have been some tweaks to the arbitration process. Teams still have the walk-away rights they held under the old CBA. But under the new agreement, if a team exercises their walk-away rights, the player can choose to sign a one-year deal with the team at the offer the team submitted under arbitration. The player has 4 days to make his decision. Bruins eligible for salary arbitration this offseason are Anders Bjork, Matt Grzelcyk, Brett Ritchie, Karson Kuhlman, Brendan Gaunce and Wiley Sherman. After the 2020-2021 season, it comes into play for Ondrej Kase, Nick Ritchie, Anton Blidh and Brandon Carlo.

Conditional Draft Picks

While teams will still be able to trade conditional draft picks based on where they finish, conditional draft picks will be a thing of the past when it comes to players re-signing. In other words, you can no longer trade a conditional draft pick for a player on the condition he re-signs.

Free Agent Interviews

Under the old CBA, teams were allowed to negotiate with pending unrestricted free agents five days prior to free agency on July 1st. Remember Matt Beleskey and David Backes? Maybe the NHL has done the Bruins a favor by eliminating that period? It will certainly make free agent frenzy more of a frenzy when there are no pre-negotiations and it’s a free for all at noon on July 1st. This year, free agency will begin 7 days after the cup is awarded.

10% Salary Deferred

Players agreed to defer 10% of their salaries and signing bonuses to the 2023 to 2026 seasons and most of the questions I receive are centered around how it affects the cap. The short and easy answer is it doesn’t. By deferring 10% a year, the contract total remains the same, and hence, the AAV or cap hit remain the same. The only thing that is affected is the player’s share of hockey related revenues. So, no, the teams do not get a 10% break on the cap.

Front Loaded Deals

Ever since the salary cap came into effect, the NHL has tried closing a loophole exploited by general managers, and that is front loading deals – paying more in the first part of the deal and adding years at the end of the deal at a lower salary to lower the cap hit. The NHL has taken steps to reduce that and in the new CBA take it a step further. Under the old CBA, salaries could not drop more then 50% from it’s highest year to it’s lowest year. That is now at 35%. The Bruins typically stay away from such deals however, Brad Marchand’s contract would not be allowed under the new CBA. Marchand’s highest salary was $8 million (in 2017-2018 and 2018-2019) and his lowest is $4 million in 2024-2025. That is allowable with the 50% drop, but under the new CBA, the lowest salary would rise to $5.2 million. No big deal right now as those contracts will be grandfathered, but you have David Pastrnak, Charlie McAvoy, Carlo, and Bergeron (among others) coming due under this CBA, so some creative bookkeeping lies ahead for Don Sweeney and Evan Gold. Not to mention it has thrown another wrinkle into possible negotiations with unrestricted defenceman Torey Krug.

One thing of interest here is that because of the uncertainty surrounding revenue and recovery because of the COVID-19 pandemic is that player agents and players may be looking towards backloading deals instead of front loading. With a cap on escrow now, it will greatly affect agents/players thinking here.

European Waivers

Under the previous agreement, players who had played in just one game in Europe would require waivers to sign and play in the NHL once the season starts. That has changed and now the player is exempt from waivers as long as a) he signs before December 15th and b) the team still owns his rights. The Bruins have several players that fall into this including Jakob Forsbacka Karlsson, Alexander Khokhlachev and more.

I must confess, I am not a lawyer but I have studied the CBA extensively over the years. The new legal document is not yet complete and may take months before all the legal language is completed and the actual CBA becomes available. All information comes from the Memorandum of Understanding signed by the NHL and NHLPA and is my interpretation.

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