Appeal Central As for next steps

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Wayne Gretzky will be repaid money he was owed by former Phoenix Coyotes owner Jerry Moyes, the NHL agreeing to cut a cheque to the Great One after reaching a
tentative deal, sources tell TSN Hockey Insider Pierre LeBrun of ESPN.
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.com. Sources would not confirm the exact figure, but its believed to be around
$7 to $8 million. The NHL for the past few years had sought to get the money
owed to Gretzky from Moyes via a lawsuit but a judge threw out most of the
leagues claims from the suit against Moyes in early October. In light of the
delays associated with the Moyes litigation, the Audit/Finance Committee from
the NHLs Board of Governors approved a plan to make Gretzky whole for deferred
compensation owed to him by Moyes, and which was never paid as a result of the
Coyotes bankruptcy back in September 2009, source told ESPN.com. "I never got
the sense from talking to Gretzky over the years that he was sour against the
league," LeBrun said. "He was sour that he didnt have his money yet from
Phoenix, but thats a separate thing. Thats Jerry Moyes that owed him and not the
NHL. This is the right thing done here by the NHL to move directly." In May
2009, Moyes put the Coyotes into bankruptcy. He intended to sell the club to
Canadian billionaire Jim Balsillie, who intended to purchase the team out of
bankruptcy and move it to Hamilton, Ontario. Hearings were held in Phoenix
bankruptcy court to determine the fate of the Coyotes and the holding company.
Two potential bidders for the team surfaced - Chicago White Sox owner Jerry
Reinsdorf and Ice Edge Holdings, Inc. - but they did not put in bids for the
team at the bankruptcy hearing. Instead, the NHL put in the only rival bid to
Balsillie for the team. Ultimately, the Phoenix court ruled that the team could
not be sold to Balsillie, as the judge held that bankruptcy could not be used to
subvert the leagues rules. The NHLs original bid was also insufficient for the
bankruptcy judge, since it did not treat Moyes and Gretzky as full creditors.
Later, the NHL settled with Moyes, with the league buying the team and assuming
all debts. The NHL operated the team in Phoenix for four seasons while seeking a
new owner. After several prospective purchases fell through, the team was
finally sold in the summer of 2013.
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. Dalton completed his only pass and led the Bengals to a touchdown in his only
drive -- one that took four minutes to finish -- and the Cincinnati Bengals
ended the preseason with a 27-10 victory over the Indianapolis Colts on Thursday
night.
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. Notes on P.K. Subban, Dale Weise, Erik Haula, Mikael Granlund, Ilya Bryzgalov
and more.
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.And although FIFAs investigators are preparing to release the findings of a
World Cup corruption probe, Hassan Al Thawadi dismissed any chance of Qatar
losing the showpiece event.Its a big week for NCAA college players. The National
Labor Relations Board (NLRB) ruled that a group of Northwestern college football
players, led by quarterback Kain Colter, are employees and have the right to
form a union and bargain collectively. The NLRB is a U.S. government agency that
deals with labor law. This matters because as a bargaining unit, players as a
group can now start to ask for more - a lot more. Think about how baseball was
changed when the players unionized and fought for their rights. So this decision
will potentially have a major impact on college sports and force the NCAA to
change how it does business. For decades, the NCAA has offered scholarships in
exchange for athletic services. However, the NLRB says that falls short, and
with this ruling, threatens to tear down the very foundation of the NCAA and its
billion dollar business model. Control Control Control In concluding that
players were entitled to employee status, NLRB director Peter Ohr focused on the
level of control that Northwestern exercised over its student athletes. That
level of control, he said, moved players from being primarily students to being
athletes that have earned the right to unionize. If they were primarily
students, they couldnt unionize. In ruling that Northwestern players were
athletes first (and students second), he relied on a bunch of factors to
demonstrate control over the players that no longer made them primarily students
(like others on campus) and effectively turned them into employees. Here are a
few of these factors: (a) The NCAA limits athletic activities to 20 hours per
week during the season and 8 hours during the offseason. Despite that,
Northwestern players dedicated 50 to 60 hours a week on football during training
camp, and another 40 to 50 hours a week during the football season. While the
workouts that would take players beyond the 20 hour cap were deemed "voluntary",
players knew if they didnt show up there would be serious consequences. Some
days players had to engage in football related activities from 5:45am to
10:30pm. Devoting so many hours a week to football was a massive consideration
for the NLRB. The players basically had a second job: football. (b) Players
allege they were steered away from certain courses because they conflicted with
football. Colter wanted to go to medical school but was discouraged from taking
a pre-med course because it conflicted with his football schedule. He ultimately
ended up transferring to psychology. (c) Players have to abide by restrictive
social media policies, and cant refuse a friend request on Facebook from a
coach. They have to let the coach know the type of car they drive. As well,
players are subject to alcohol and drug policies, as well as anti-gambling and
anti-hazing policies. A violation of these policies can result in serious
sanctions, including suspensions and revocation of scholarships. (d) If a player
wants to get a job off campus, he needs permmission.
http://www.germanynationalshop.com/Mario-Gomez-Germany-Jersey/.
Hes required to live on campus while a freshman and sophomore. He also cant do
interviews without the coachs approval. (e) The player cant profit off his own
likeness and image; thats reserved for the university and the NCAA. (f) A player
is prohibited from swearing in public, and if a player "embarrasses" the team,
he can be suspended for one game. A second offense can result in a 1 year
suspension. Players who transfer to another school to play football must sit out
a year before they can compete for the new school. (g) During the regular
season, the players must wear a suit to home games. (h) Players are required to
remain within a six-hour radius of campus prior to football games. These are
just some of the factors that Ohr relied on when he concluded that the
university was exercising a level of control that converted the students into
employees. Also important was that Northwestern was providing compensation in
the form of scholarships in return for services that had nothing to do with
academics. All The Benchmarks of an Employment Relationship So when it all
shakes out, Ohr believed that this case had all the standard benchmarks of an
employer/employee relationship, including controlling the employees schedule,
the discretion to hire, fire or suspend the employee and evidence of
compensation. What Do the Players Want They want to negotiate limits on practice
time and medical benefits. Thats their starting point. They will probably also
ask for a stipend to reflect cost of attendance. Remember that scholarships
cover a lot – living expenses, tuition, room and board and book fees – but not
everything. At some point, players may ask to be paid. The NCAA is big business.
The media deal for NCAA football is a $7.3 billion/10 year deal, while the March
Madness deal is valued at $10.8 billion over 14 years. Northwestern generated
$235 million in revenue between 2003 and 2012 off things like ticket sales,
television contracts, merchandise sales and licensing agreements. In 2012-2013
alone, the program generated $30.1 million in revenue, while spending about $5
million on scholarships. The university also says that its expenses add up to
about $22 million all in for the football program. In theory, the players as
employees could also be entitled to disability insurance, workers compensation
and maybe even a pension. They could also be taxed on non-scholarship income
they receive. Next Steps: Appeal Central As for next steps, the players will
hold a vote to form a union, while Northwestern appeals the decision to the next
level at the NLRB. If Northwestern is unsuccessful on appeal, they will probably
refuse to bargain with the students and take the matter to federal court. So we
could still be years away from a final decision. That being said, this was a
potentially historic win for the players and a step closer toward sharing in the
billion dollar pie that is the NCAA. NFL
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