PHPA Annual Meeting of Player Representatives 2013 Meeting Minutes Tuesday, June 18, 2013 Attendees Executive Committee, Player Representatives, PHPA Staff, PHPA Consultants, and Legal Advisors. Meeting called to order 8:45am. Introductions & Opening Remarks – Larry Landon, PHPA Executive Director Larry welcomed all Player Representatives to Orlando and said that this week’s meetings will be an educational experience as 50% in attendance are first-time attendees. He encouraged Reps to ask questions throughout the week. Hopefully players will leave with a greater understanding of the Association allowing them to educate and assist their teammates. Larry then congratulated the ECHL Kelly Cup and Central Hockey League President’s Cup winners. (At the time, the AHL Calder Cup Playoffs were still in progress) Larry mentioned the special guests who will be in attendance this week and noted the importance of raising concerns to each League’s Commissioner / President during their breakout session, ensuring they are aware of any issues which impact players. Robert’s Rules of Order were briefly reviewed. As required by the Department of Labor and Association’s Auditors, minutes will be taken throughout the meetings. As such, Players were asked to speak one at a time and to state their name when asking questions. Larry explained the role of the Executive Committee where members receive Association financials every 90 days and are actively involved in the decision making process. Executive Committee Meeting Report - Maxime Fortunus, Executive Committee Member Larry introduced Max Fortunus from the Executive Committee to review items discussed during yesterday’s Executive Committee meeting. Max explained that much of the meeting had to do with the uncertainty surrounding the Central Hockey League. It’s difficult to know how to prepare for the upcoming season when teams aren’t paying union dues, some players are not joining the union, while teams are ceasing 1 operations or trying to migrate elsewhere. It is vitally important that Player Reps inform their teammates and other players around the Leagues about the PHPA and what they do for the players. Max then gave a rundown of the events from this past year. The PHPA worked hard towards the completion of a new website which will be unveiled in the coming weeks and ultimately elevate communications and the way information is distributed to the Membership - a huge improvement over the current site. Larry did a good job of navigating the PHPA through the NHL lockout, educating the NHLPA and NHL about issues which impact the development leagues which were included in the previous NHL-NHLPA CBA. The PHPA signed some major sponsorship deals this past year with Reebok-CCM Hockey and Scotiabank among others. Financially, as a union the PHPA is in good shape. The PHPA invested money which will be used to the player’s advantage as a war chest towards future CBA negotiations with the AHL. The League has the option of extending the current agreement by one year. On the CHL front, there are lots of rumors circulating with regards to who will own the League next season, what the League will look like, etc. Overall it was a very hectic year, however, the union is in good shape financially, with some good things on the horizon. Max encouraged all attendees to have fun and stay informed. This is his third Annual Meeting. In his first year, he wasn’t sure what to expect. Players will receive a lot of information throughout the week, and all players are encouraged to ask questions. Year in Review - Larry Landon, PHPA Executive Director Larry began by reading the PHPA’s Mission and Vision Statements and noted that the PHPA had a busy year. The Year in Review presentation reflects various aspects of the Association’s operations from May 1, 2012 to April 30, 2013. At the 2012 PHPA Annual Meeting of Player Representatives, PHPA General Counsel, Ronald Jaros, was presented with the 2012 Curt Leichner Distinguished Member Award. Jaros has served as the PHPA General Counsel since 1993, has assisted the PHPA with the successful completion of 19 CBAs and countless arbitration cases, and was the legal strategist in the successful organizing drives leading to player-union representation in the ECHL in 1995 and CHL in 2008. He was well deserving of this Award. From June 24 – 28, 2012, Larry took part in the AHL Board of Governors meeting in Hilton Head, SC, accompanied by players Andrew Joudrey, Eric Neilson, and Kirk MacDonald. He noted that this is a fantastic forum for AHL owners and executives to listen to a variety of issues brought forth by the players. As the PHPA experienced much dismay with claims processing coupled with player dissatisfaction with FMH CoreSource as the AHL Insurance Administrator, the PHPA decided to terminate its agreement with FMH, and returned to Meritain Health, as of October 1, 2012. 2 Premiums and stop/loss policies were negotiated, while policies were renewed for the PHPA/AHL Health & Welfare Trust The ECHL insurance program was renewed in August, 2012. Claims experience, rate guarantees, and policies were analyzed for the PHPA/ECHL Health and Welfare Trust. The Third Party Administrator for the ECHL insurance program, Sutton Special Risk, also handles the Insurance for the NHL as well as the Central Hockey League. Larry discussed the “Minor League Issues – Major League Impact” document he presented to the NHLPA. It contained issues from the now previous NHL-NHLPA CBA which had negatively impacted PHPA Members. Player grievances, dispute language revisions, and other means to protect players within the development leagues were outlined within this document. When the NHL-NHLPA CBA expired September 15th, the NHL imposed a lockout. Players on entry level contracts were permissibly assigned to the AHL. The NHL lockout ended January 7, 2013 and a 48 game schedule began January 19, 2013. With the assistance of anti-trust lawyers Jeffrey Kessler and David Feher, the resulting NHL-NHLPA CBA contained some key elements brought forth by the PHPA’s involvement, most notably the elimination of re-entry waivers which was previously at a $105,000 threshold. To protect players, any salary amount over ($550,000 + $375,000 for the 2013-14 season) counts towards the NHL team’s salary cap. Larry discussed the CBA negotiations with the Central Hockey League. Bargaining sessions occurred August 20-21, 2012 in Buffalo, NY and again on October 5, 2012 via conference call. On October 19, 2012, a tentative agreement for ratification by CHL players was reached. On November 12, 2012, the PHPA and CHL announced a 1-year deal. Adjustments were made to the Injured Reserve System, All-Star and Christmas breaks, pre and post-season travel reimbursement. In addition, CHL Owners were required to pay the entire premiums for players’ off-ice insurance. The PHPA hosted a Workers’ Compensation Panel of Attorneys Meetings in Niagara Falls, ON, from September 28-29, 2012. Over 30 attorneys and guest speakers from other Player Associations attended the conference including Richard Berthelsen, Special Advisor to the NFLPA, as well as Beverly Burns who presented on Workers’ Compensation in Canada. The 2012-13 season experienced some affiliation changes. The AHL again operated with 30 teams. Tampa Bay moved their AHL affiliate from Norfolk to Syracuse, while Anaheim flipped from Syracuse to Norfolk. The ECHL grew to 23 teams. Although they lost the Chicago Express, they gained the Fort Wayne Komets, Evansville Icemen, San Francisco Bulls and Orlando Solar Bears. The CHL operated with 10 Teams. The Denver Cutthroats joined the League, however Evansville and Fort Wayne joined the ECHL, while Laredo, Dayton, and Rio Grande ceased operations. Larry reviewed the 2012-13 Enrollment meetings with all AHL, ECHL and CHL teams where players become updated on all aspects of the Association including disputes, workers’ 3 compensation, insurance benefits, marketing programs, and future initiatives. Each player was provided with a CD for easy electronic access as well as digital access to PHPA information and forms. During the AHL and ECHL team meetings, players were updated on their respective CBAs, educated on their respective insurance programs, workers compensation rights, and the impact of the NHL/NHLPA CBA and the possible implications that a new CBA and/or a work stoppage could have on the landscape of minor league hockey. During the CHL team meetings, players were educated on the history of the PHPA, PHPA membership benefits, workers’ compensation rights, comparison of the key elements within the new CBA, as well as culture change since the League became unionized by the PHPA. Larry spoke to some of the challenges encountered with teams in right to work states, however, the PHPA is working with these clubs. Larry provided data on player development from the 2012-13 season where: • 346 players played in both the AHL & NHL • 87% of NHL players previously played in AHL • 348 players played in both the ECHL and AHL • 6 players played in both the ECHL and NHL • 30 players played in both CHL and AHL Approximately 10,500 player transactions and over 4000 contracts were recorded in the PHPA database throughout the season. The 401(k) program experienced 18 new players enrolled bringing the total to 55 players who contributed during 2012-13. The total contribution of $382,841 is a 43% increase from the previous season. This enrollment is up from 12 new enrollees and 47 active participants last season. Larry reviewed the typical disputes and grievances brought forth by players during the past season. Playoff bonuses and PTO salary during the Playoffs were common issues experienced by AHL players. Issues with Trenton (travel, equipment, housing, salary) as well as 2nd & 3rd medical opinions were common issues experienced by ECHL players.