On December 18, 2010, the National Hockey League Players’
Association (NHLPA) announced that "the
full membership of the NHLPA has voted overwhelmingly to appoint Don Fehr as
the new NHLPA Executive Director".
Given the pervasive and seemingly endless struggles of the NHLPA,
this was a wise choice. To say that the NHLPA has historically had some issues
would be an understatement. A gross understatement and one that would put every
euphemism to shame.
Eagleson, Goodenow,
Saskin & Kelly
The first NHLPA head was Alan Eagleson. After 25 years as head of the Union, Eagleson
stepped down from the position in 1991. Eagleson went on to face criminal
charges relating to his conduct during the time he worked at the NHLPA, and
ultimately, on January 6, 1998, pled guilty in a Boston court to three
counts of fraud, agreeing also to pay a fine of $1,000,000. The following day
in Toronto, Eagleson pled guilty to another three counts of fraud and was
sentenced to 18 months in jail.
By way of example, Eagleson was accused of taking large payments from insurance
claims before the players filing them received their share, telling the players
that he earned the "fee" while fighting against the insurance
companies to get the claims paid. In fact, many players later learned that the
insurance companies had already agreed to pay the claims and there had been no
"fight".
The NHLPA also paid for some of his clothes, theatre tickets and an
apartment in London, England.
After Eagleson, Bob Goodenow took over before he was fired by the
players after 13 relatively strong years of leadership. Next up was Ted Saskin, whose appointment was so controversial that it
led to the highly respected Steve Larmer resigning from the Union. Saskin was
later fired for alleged misconduct, including reading player emails.
Paul Kelly was next to take over the Union. The selection was lauded
as a good one since Kelly was highly respected and smart (I’ve
interviewed him and completely agree). That being said, Kelly was fired in
the middle of the night. He waited in a hallway while 30 players decided his
fate. When he took over, Kelly ordered forensic audit of the Union's activities
over the previous three years, which allegedly revealed some had been spending
millions of the Union's money.
Clearly, since its inception, the NHLPA has struggled mightily. Through the
years, the NHLPA has been fraught with corruption, scandal, controversy and
mismanagement.
That is until now.
Donald Fehr Is
Appointed
So that brings us to Donald Fehr. When he was asked to take over the
NHLPA, and
as reported here on Offside first, he
issued a memo to players indicating that before he would step in as head of the
NHLPA, the players would need to "overwhelmingly vote" to accept his
appointment. Before a vote, Fehr said he would meet with the players of each
team.
He wanted his appointment to be unanimous and have everyone on board. He knew that he could not operate effectively if the NHLPA did what it has done in the past - splintered off into rogue groups. Fehr appreciated the importance of solidarity from his days as the boss of the baseball union.
Fehr ran the MLB player union for 27 years before he stepped down in
2009. He was instrumental in making the union the most powerful in sports, and
masterfully guided the players through the collusion grievances in the 80s
(which resulted in an award of $280M to players) and the 1994-1995 strike. He
also guided the players through CBA negotiations in 2002 and 2006, the first
negotiations since 1970 that were achieved without a work stoppage.
As a young lawyer, Fehr assisted the MLBPA in the landmark Andy Messersmith
and Dave McNally arbitration case. In 1977, Marvin Miller, head of the union,
hired Fehr as general counsel to the MLBA.
In December 1985, Fehr was voted executive director of the MLBPA
after having served as acting director since December 9, 1983. Fehr
successfully challenged the owners' collusion, leading to the owners paying
$280 million in damages to the players. He was instrumental in implementing the
rejection of future admissions into the MLBPA by replacement players who
planned to fill in during the strike of 1995. He is known for his fierce
negotiating skills, and by many accounts, is smartest guy in the room.
On June 22, 2009, Fehr stepped down from the MLBPA executive
director position. Shortly after leaving his position as Executive Director of
the MLBPA, Fehr took up a position as an advisor to the NHLPA.
Fehr: Changed the NHLPA
Culture
Fehr has dramatically changed the NHLPA culture. Gone are the days
of midnight votes and misconduct.
We now have a Union that is
thoughtful, considered and patient in its approach.
When the NHL made its dramatic proposal, the reaction from Fehr was
not emotional. He indicated that they would carefully review the proposal and
empirically assess its fiscal impact on the players - today and years
from now. His membership echoed his position. Manny Malhotra
cautioned people not to react emotionally.
“It’s a long process,” said Vancouver Canucks center Malhotra.
“So instead of getting wrapped up emotionally and going off the handle, it
makes far more sense to be educated in what they’re trying to propose and
understanding in great detail, to make sure we know what to counter with.”
This is a direct result of Fehr’s leadership and stewardship.
From the start, Fehr’s approach has been inclusive and transparent. There are a
record number of players participating in NHLPA meetings. Everything is
discussed; everything is considered; everyone has a voice. The players not only respect Fehr, but also trust him. And we all know a hockey player's trust can be tough to shake.
Fehr's legacy is unequalled in the field of sports labor law except for
his first boss and the godfather of sports unions, Marvin Miller.
Fehr hasn’t rushed back to the NHL with a counter proposal. He won’t.
He will take his time to ensure that the matter is properly and fully canvassed. This deliberate and meticulous approach is now an integral part of the NHLPA.
Indeed, to date, Fehr's greatest accomplishment as Union head is that he has changed the NHLPA's culture.
3 comments:
Eric, what do you think about the owners providing 70,000+ pages of financial documentation in boxes rather than electronic copies? Is that typical? It seems a bit passive-aggressive to me.
Not too unusual; lawyers used to it; GB conceded that it was a bit long but they asked for all this stuff - will likely want more later too
Law is nothing other than a certain ordinance of reason for the common good, promulgated by the person who has the care of the community.
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