Arbitration is not fun in NHL

Hearings, which start today, can be a bitter battle of words between a player and his team.

By DAMIAN CRISTODERO, Times Staff Writer
© St. Petersburg Times
published August 1, 2002

There are a few things a player needs before going into an arbitration hearing.

He needs impressive stats with which to make his case, players making a lot of money to whom he believes his stats compare and high-caliber representation from his agent and the players union. He also needs to check his ego at the door.

"If you're not ready to be dragged through the coals and lose a case, it's a risk you don't want to take," former goaltender John Vanbiesbrouck said. "If you think you have a thick enough skin, go for it."

Worlds collide today in Toronto, where hearings begin to settle cases in which contract talks have hit a wall.

It is a down-and-dirty process. Teams, armed with reams of data and budgets to defend, attempt to tear down their employees. Players, with reams of data and an eye on market value, attempt to build themselves back up.

"There is no question the arbitration process is not an enjoyable one for anybody," Lightning general manager Jay Feaster said. "It is clearly not enjoyable for the player because what happens is the team talks about the player's weaknesses."

Lightning right wing Andre Roy is up today. Defenseman Dan Boyle is up Aug. 9 and forward Vinny Prospal on Aug. 13.

Negotiations can continue until the hearings. If held, they will be the first for Tampa Bay.

Cases are presented to one of seven arbitrators selected by a process spelled out in the collective bargaining agreement. Each side is given 90 minutes and 30 minutes for rebuttal and closing arguments.

The arbitrator can award what the player wants, what the team wants or any amount in between. Teams can reject the decision, but the player becomes an unrestricted free agent.

It is part of the business, and players know, intellectually at least, not to take what they hear personally. But Vanbiesbrouck, who went through an emotional hearing with the Panthers in 1995, said it is difficult to take it any other way.

"Both sides are supposed to be going in the same direction," he said. "But from the moment of filing arbitration, you are separated."

Vanbiesbrouck believed the Panthers were unfair during his hearing, especially considering he was a finalist for the Vezina and Hart trophies for the 1993-94 season.

According to an Associated Press report at the time, the Panthers said Vanbiesbrouck's success was due to the defensive system devised by coach Roger Neilson.

Vanbiesbrouck recently said the team tried to score points by comparing his stats during an admittedly disappointing two-week period with those of backup Mark Fitzpatrick.

Vanbiesbrouck's agent, Lloyd Friedland, said Florida hammered at playoff failures with the Rangers and the lack of a Stanley Cup.

"They did not take into consideration he played with some pretty lousy teams in New York," Friedland said. "They skewed the stats in a way that makes the player look bad."

"They pull up every negative quality that you could possibly think of," Vanbiesbrouck said. "And in some ways, they exaggerate the truth."

But doesn't the other side exaggerate to make the player look good?

Yes, Vanbiesbrouck said, "but you don't cut the team down."

Vanbiesbrouck asked for $2.2-million and was awarded $1.9-million.

"So we clearly won that arbitration," said Friedland, noting Florida's request of $1.1-million.

Vanbiesbrouck eventually signed a three-year, $6.5-million deal with Florida but said he was so shaken by the process he never felt the same about the organization. He still was exceptional in 1995-96, carrying the Panthers to the Stanley Cup final. "Your loyalty has been cut," Vanbiesbrouck said. "But you are a professional, and you realize this is a job and how fortunate you are to be doing what you are doing."

Feaster said good communication between Lightning management and players should help soften some of the blows during the hearings.

"The one thing that I truly believe is not one of our players who goes to arbitration will not hear anything from me that they haven't already heard from me as general manager or from John Tortorella as their coach," Feaster said.

As for players feeling badly and betrayed, especially if they lose, Feaster said, "When offering the kind of money we're offering these players, if you walk out of there feeling worthless, you have a bigger problem than I'm going to solve."