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 President’s Cup winners. (At the time, the AHL 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 , Evansville Icemen, and Orlando Solar Bears.

The CHL operated with 10 Teams. The 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. CHL players encountered various disputes such as unpaid salary, unpaid travel reimbursement, unpaid medical care and treatment, unpaid workers’ compensation benefits, housing issues, equipment issues, off-ice issues, teams suing players, and dues being deducted but not remitted. PHPA filed various Unfair Labor Practice charges on March 22,2013 as well as a Global Grievance on February 14, 2013.

Negotiations towards a successor ECHL CBA took place on July 24 – 25, 2012 in Atlanta, GA and again on January 22, 2013 in Denver at the ECHL All-Star Game. On February 14, 2013, a 5-year CBA was announced which sees increases to the Salary Cap, minimum salary, per-diem, and finish money, protection of veteran jobs, the addition of a player/Assistant Coach position, inclusion of basic dental, introduction of a rookie salary structure, enhancements to travel

4 reimbursement and in-season moving, as well as enhancements to Qualifying Offer provisions. In addition, each team will contribute $750 towards the Career Enhancement Program.

Larry and the Hockey Operations staff attended the NFLPA Workers’ Compensation Panel Meeting from April 12 – 14, 2013 which took place in Las Vegas, NV. Over 50 attendees and guest speakers attended the conference which included a presentation by NFLPA Executive Director DeMaurice Smith.

Larry praised the Career Enhancement Program as the best career advancement program in all of professional sports. This past year, the program received 56 new enrollees. During the 2012-13 season, the CEP saw participation from 105 active AHL players, 58 active ECHL players, 34 active CHL players. The program has had over 1,400 total participants since it’s inception 13 years ago.

The PHPA entered into new marketing agreements over the past year with Scotiabank, Reebok- CCM Hockey, SimpliFlow as well as reaching a Development Fund and Licensing agreement with the NHLPA.

Larry then compared the PHPA to that of the other major Player Associations. Membership to staff ratios include (20:1) at the NFLPA, (37:1) at the MLBPA, (18:1) at the NBPA, (14:1) at the NHLPA, while the PHPA’s ratio is (160:1). Larry mentioned all PHPA staff and their position held within the Association as well as advisors and consultants supporting the PHPA staff. The PHPA works with 3 separate and distinct CBAs while the other Associations have just 1 in addition to a host of other items, demonstrating how dedicated the PHPA staff is to the Membership.

Larry discussed the PHPA office building in Niagara Falls, Ontario which was purchased in November of 2009, and renovated into a state of the art office building. The new building, which is owned by the PHPA’s Ontario Corporation, is an asset that the PHPA can borrow against if necessary.

On February 11, 2013 the PHPA announced Claude Julien as the recipient of the 2013 Curt Leichner Distinguished Member Award. Julien was a PHPA Player Representative from 1986 – 1992, and President of the Executive Committee for 3 years. He initiated discussion towards an education program for players, a severance trust, protection of player likeness rights, among many other things. He will be officially presented with the Award during the off-season.

Looking ahead, the PHPA will be busy with CBA negotiations with the AHL and CHL, the implications arising from the NHL-NHLPA CBA, NHLPA relations, as well as concussion and mental health awareness programs.

For the 2013-14 season, the AHL will again operate at 30 teams, the ECHL will be at 22 teams, while the CHL will again operate with 10 teams.

In closing, Larry provided a quote on the importance of team dynamics by Vince Lombardi as well as the PHPA Vision Statement.

5 CHL – PHPA History

- Larry Landon, PHPA Executive Director

Larry Landon began by telling a story how during the early 1990’s, Brad Treliving, who was an ECHL player at the time, lead the charge to have the PHPA represent players in the ECHL. After the PHPA had been elected, it was not a smooth transition as a number of issues arose with the League and team management. Over time, the relationship improved to where there is now a positive working relationship between the two entities.

When the PHPA was in the process of being elected to represent CHL players, the League spent money on propaganda encouraging players to not elect the union to represent them. It was a very close vote, but in the end, the PHPA was officially elected on April 3, 2008.

The PHPA then witnessed the League expand to 18 teams before contracting to 10 teams during the 2012-13 season.

In the late 1990’s, when the old International Hockey League (IHL) was contracting, the wherewithal of people like IHL Commissioner Doug Moss, Owner Don Levin, Owner Mark Chipman, and AHL President Dave Andrews decided that in the best interest of the game, the AHL should expand to accept IHL teams with a of stabilizing the AAA level of the sport. Larry noted that we are seeing a similar pattern with the CHL.

The League had teams in bad markets, with bad lease agreements, operating under questionable management. However, the League blames the PHPA when teams fold, despite all of these facts in addition to a lengthy list of disputes and grievances which have been filed against the League.

At the present time, the PHPA has to contend with players choosing to not join the union, CHL teams skirting obligations, and a host of other issues. Representing CHL players has also proven to be a financial burden on the PHPA’s resources. Larry closed by saying that discussion will take place through the week towards the PHPA’s involvement with the CHL moving forward.

CHL – Unfair Labor Practice Charges & Grievances

- Simon Fréchette, PHPA Director of Hockey Operations, Matt Darte, PHPA Coordinator of Hockey Operations

Simon began by explaining that the PHPA filed a Global Grievance against the CHL on February 14th which included 14 separate grievances. Since that time, several more have been filed. The PHPA was not left with many alternatives. Often, when issues arise, the PHPA receives pacification from the League who claim to be “working on it”. However, results never come. How is the PHPA supposed to settle the dispute or get money owed to players when the union doesn’t receive any correspondence or results to work with?

6 Filing grievances cost everyone a lot of money in legal fees, not to mention time and energy. It is typically the same teams causing most of the issues. Some grievances being filed are clear, black and white obligations due as per the CHL-PHPA CBA. Sometimes teams change ownership, who then skirt the previous owner’s obligations. The League should be at fault for this for not disclosing this information to prospective new owners.

Simon briefly went through all of the 14 grievances. Matt Darte then went through the grievances which have been filed since the Global Grievance was filed.

CHL – Unfair Labour Practice Charges

- Ron Jaros, PHPA General Counsel, Bob Riley, PHPA Legal Counsel

Ron said that as a lawyer, one could spend their entire career as a lawyer and never face a situation like we’ve seen with the CHL. The issues in the CHL are unlike any that the PHPA has encountered before. Ron recommended each player take time to watch the movie Net Worth which describes how the NHL was run before there was a Players Association.

Ron recounted that when the PHPA was attempting to unionize CHL players, the CHL tried to fix the vote by including staff votes. The PHPA filed the first round of Unfair Labor Practice Charges (ULPs) and the CHL was forced to bargain with the PHPA.

The CHL signs and agrees to the CBA but Ron noted the CHL acts as if the CBA does not even exist. The CHL does not honor their collectively bargained obligations and they ignore the process. The PHPA has to constantly chase them to ensure the League meets their obligations.

Ron believes that the National Labor Relations Board will direct the CHL to go to arbitration and if that happens, he believes the PHPA will prevail. The PHPA is not going to give up. The ULP Charges and the global grievance will force them to go to arbitration.

CHL – Global Grievance and Lawsuit

- Simon Fréchette, PHPA Director of Hockey Operations, Bob Riley, PHPA Legal Counsel

Simon began by explaining the “Global Grievance” that was filed by the PHPA against the CHL and various Member Clubs. The grievance consisted of several outstanding issues that are still ongoing. He briefly described the dispute resolution process contained within the CHL-PHPA CBA whereby a grievance can be filed within 60 days of the occurrence or non-occurrence. Once a grievance has been filed, the party served with the grievance then has 21 days to respond. If the issue has still not been resolved, the matter can be submitted to a neutral arbitrator.

Bob Riley followed by noting that CHL Commissioner Duane Lewis would not authorize arbitration. The PHPA had asked the League for detailed information on operations and

7 financials, as that information is essential for the relationship between partners. Detailed financial information was never received by the PHPA.

The CHL and PHPA negotiated a new CBA at the beginning of last season and another CBA needs to be negotiated for this coming season. There is a big picture problem.

Due to all of the outstanding issues with CHL Clubs, the PHPA filed a global grievance, which put all of the grievances into one grievance. The global grievance was ridiculed by the CHL. The League was allowing Clubs to sue players, which does not happen anywhere else. The hope is that the global grievance will start to clean up the outstanding issues. The PHPA can include that they want to clean up the outstanding issues before bargaining begins.

Bob added that Global Entertainment’s arena business has collapsed and apparently some of the owners of CHL Clubs have stepped up to buy the League. There has been a lack of integrity.

On May 8, 2013, after the global grievance was filed, the CHL filed a lawsuit against Top Shelf LLC Douglas Miller, ECHL Commissioner Brian McKenna, ECHL attorney Paul Hendrick, Rapid City’s Scott Mueller, and Larry Landon (personally), which he felt was just an attempt to intimidate the PHPA.

The CHL claims the actions of Brian McKenna, by accepting Allen and Rapid City into the ECHL could prevent the sale of the League and the eventual demise of the CHL. On May 31, 2013, an injunction was granted preventing Allen and Rapid City from moving to the ECHL. Larry was not deposed as he has no authority over which teams come or go from the ECHL.

Bob then explained what went on during the hearings and depositions. The PHPA is currently pursuing grievances against the CHL, the results of which could be detrimental to the CHL.

The CHL’s reasoning for the lawsuit against Larry claims the PHPA is making the CHL look bad to the players. However, the PHPA claims the CHL is not meeting their collectively bargained obligations. Further, teams were not paying their insurance premium when due, resulting in the potential cancelation of off-ice insurance benefits. The PHPA is demanding accountability from the CHL. The CHL is attempting to take away Larry’s ability to disclose these issues to the players, challenging his ability to be their union leader and comment to players on the terms of their employment.

A trial is set for December, 2013 regarding the injunction preventing the and ’s from moving to the ECHL.

The PHPA has since filed another lawsuit stating the CHL’s lawsuit in and of itself is an unfair labour practice. Bob noted that the legal expenses for this lawsuit and being covered by the insurance company, and that these legal fees will have no effect on the PHPA budget.

8 Lunch speaker – Taxation for the Professional Hockey Player

– Mark Paluczak, Stone Carlie

Mark Paluczak has worked with professional hockey players for years. He discussed 5 relevant topics for players to remember.

1. Travel Expenses, training camp and end of season expenses. Mark explained the rules and differences between temporary expenses and indefinite expenses and which expenses are tax deductible. Discussed recent changes due to teams being audited. Stressed the importance of keeping receipts and good records. A question was asked if travel reimbursements were taxable. Mark replied some teams withhold tax from reimbursement while others give full reimbursement and give players a 1099 form instead.

2. Department of Treasury. Mark discussed foreign bank accounts explaining the reasons a player must report them. Players are taxed on interest earned on these accounts. If you do not report foreign bank account over $10,000, there is a flat $10,000 .

3. Audits. There is a 1% rate of audit for the general public. This rate increases for people who earn over $1 million. The key is to have the proper documentation in the event a player is audited.

4. Tax Liability. Mark discussed the difference between resident and non-resident.

5. Keeping track of documentation. Handed each player a professional hockey player tax kit to store receipts. Discussed various deductions allowed such as mileage.

In conclusion, Mark stated you have up to 3 years to go back and amend your tax return. Players may contact Mark any time for a consultation and to go over individual tax situations.

Career Enhancement Program

- Rick Gorman, PHPA Career Enhancement Program Coordinator

Rick said that from Day 1, the CEP has been a huge success. Rick is now in his 13th year with the PHPA. Prior to that he spent 30 years as an educator. He encourages all Player Reps to contact him directly for any information on the program and strongly encourages all players to be prepared for life after hockey. To Larry’s credit, players can enroll in the CEP even after they are finished playing.

Players need to prepare themselves for life after hockey and should try to think ahead. The CEP partners with a variety of institutions to deliver course offerings that suit each player’s specific needs. Now in it’s 14th year, the CEP has worked with over 1,350 players.

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The CEP worked with a program called Business Basics Online which is an interactive, 15-week program from January to early May, which saw 20 players enroll, and who all just finished.

Firefighting programs are still popular. New to the CEP this coming year is a firefighting program called FESTI which trains participants at Pearson airport in Toronto, Ontario. This program will fill up fast as there is limited enrollment. Players will be fully accredited to be a firefighter after completion of this course. A huge win for the players.

Rick also assists players with the creation and updating of their resumes.

Rick is always looking for something new to further develop the CEP. He is looking into an online MBA program, as well as collaborating with Wendy McCreary at the NHL’s Alumni Break Away program. If a player has played even 1 NHL game, they are eligible to participate in their program.

Rick concluded by saying that the ECHL has now included a clause in their CBA where each team contributes $750 per year towards the CEP, which will go back to the team’s players who take courses. Dan Ringwald asked how the $750 per team will be disbursed back to the players.

Larry said that it will assist players with breaks in tuition costs and hopes to encourage more players to utilize the program.

Rick added that an agent can negotiate an Education clause into a player’s contract whereby the team pays for the player to continue his education.

Ron Jaros suggested that the PHPA provide a Education Provision clause template for agents to utilize to help negotiate additional value for players.

AHL Breakout Session - Open Discussion

- Simon Fréchette, PHPA Director of Hockey Operations, Matt Darte, PHPA Coordinator of Hockey Operations

Simon began the session by asking all players what their thoughts were on the status of the Central Hockey League.

Mike McKenna explained that the cost to represent CHL players outweigh the revenue generated unless union dues in the CHL are increased. Players from the AHL and ECHL are currently subsidizing CHL players. This coming year may be a “make or break” year. Every CHL player would need to join the Union.

Simon brought up the question of whether a dues increase would help. It could help to increase revenues but would it deter more players from joining?

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Mike McKenna suggested that there should be a clear plan by the end of the week. It’s a battle that needs to be fought.

Quintin Laing noted that Jeff Kyrzakos who is on the CHL Executive Committee brought up the idea of increasing the dues. However, there is also the human element that has to be considered. Some guys have families that they need to take care of.

Mike McKenna explained how the PHPA financials are the best that they have ever been, and suggested that players talk to the CHL players about these issues to get a sense of their thoughts.

Graham Mink said that his original thought was that the PHPA should get rid of the CHL, however after speaking with Jeff Kyrzakos, he changed his approach. The costs and benefits are going to have to be weighed. If the PHPA caves, does the ECHL notice that and start to get ideas.

Jason Jaffray asked why the PHPA should spend time and money on the CHL if not all of the players even join the union. He thought that the players from the other leagues would feel better helping the CHL players if 100% of them invest in the Union.

Max Fortunus noted that there are some players who encourage others not to join. Players on these teams really need to know what the Union does for them.

Dan Ringwald said that the older players have a sway on the younger players. Even if all of the outstanding problems and issues were fixed right now, what happens after that?

Graham Mink asked if we should sever ties or fight the fight?

Mark Mancari felt that the commitment from CHL players had to be 100%. If they are 100% committed, he did not have a problem investing. If the commitment is not at 100%, he didn’t think it was fair to the rest of the players.

Mike McKenna noted that everyone has to be aware of the political aspects and explained how there is an anti-union mentality in states like Texas. He suggested that perhaps a number is chosen as a minimum for how many CHL players need to join the Union to make this viable.

Simon mentioned that it might not be a number that needs to be chosen, but rather a direction decided for the PHPA to look towards. It is also important to note that there is currently no CBA in place for next season.

Graham Mink thought that the CHL won’t ever be a money-maker for the PHPA and that it will always need subsidizing. Financially it does not make sense to represent CHL players, but there are other benefits that need to be considered as well.

Jason Jaffray said that a lot of the younger players do not pay much attention to the Union.

11 Graham Mink agreed that it is mostly the veterans that are using the Union. He also added that the PHPA is in good shape financially so there are some important decisions that need to be made.

Jason Jaffray suggested that it is important to look at all of the options if the PHPA were to walk away from the CHL.

Graham Mink asked if there would be a vote at some during the week. He proposed the possibility of having a non-binding vote.

Eric Baier also suggested that the players get together to discuss the issues at hand.

Mike McKenna thought that it might be a good idea to take a vote and include the ECHL players as well. He suggested that there could be a few options which could be placed on ballots.

Simon continued the session by discussing the AHL playoff pool. Some teams were willing to pay playoff bonuses to every player and other teams were not.

Graham Mink said that there should to be a clearer outline for the playoff pool so that players who play for a team all year are protected.

Greg Rallo proposed the option of having a fixed number or set standard for playoff shares.

Zack Stortini suggested the possibility of putting playoff bonuses in your contract.

Graham Mink also mentioned the idea of having a fixed playoff share.

Dan Ringwald noted that it would be a risk to both sides.

Graham Mink said that it seems like the playoff shares keep getting lower.

Jason Jaffray thought that a lot of the players would like the idea of a fixed playoff share and suggested looking at the average amounts over the last 5 years.

Mike McKenna thought that the issue would go away if players were able to put playoff bonuses in their contract. He added that if players get a higher amount from a good team like Hershey or Chicago, it would create a good comparable for other players.

Jason Jaffray noted that he had an issue when he was signing his contract and trying to include a playoff bonus.

Simon added that the landscape is different now without the re-entry system. He concluded by outlining the agent program to the players and encouraging them to have their agents join the program.

12 Wednesday, June 19, 2013

Attendees Executive Committee, Player Representatives, PHPA Staff, PHPA Consultants, and Legal Advisors.

Communications and Business Department Update

- Darryl Dionne, Director of Communications & Business Development, PHPA

Darryl began with a brief career biography and professional background.

The PHPA communicates with the Membership, alumni, agents, League offices and teams, attorneys and advisors, business partners, media, spouses, customers as well as the general public among others on a daily basis, demonstrating the need for streamlined communication.

Darryl discussed the development of a new public, players only, agents, and alumni website which was an initiative brought forth by the Executive last year. The new PHPA website will have an updated design and feel and have similar functionality to that of NHLPASource. The site will give players access to player statistics, contract information and new content. There will be an overall improvement in efficiencies and lead to heightened interaction with the PHPA Membership.

Social media outlets currently being utilized by the PHPA include twitter, facebook, pinterest, flickr, and Storify.

Darryl stated this year’s recipient of the Curt Leichner Distinguished Member Award is Claude Julien. The PHPA received some great media coverage and recognition when Julien was announced at the Award’s recipient. The award serves as a tremendous branding opportunity for the PHPA.

Darryl gave an update on new partnerships signed throughout the year. A 2-year extension of the agreement with BioSteel Sports Supplements was recently reached. More players are using Budget Car / Truck rental. The PHPA receives a percentage of revenue from Budget. Briefly updated status of remaining existing partnerships. Overall it has been a good year for marketing partnerships. New partnerships include a 3-year deal with Reebok-CCM Hockey. Although it is a contra deal, the credit received by the PHPA will help defer costs of player gifts distributed during the Fall Enrollment Tour and Annual Meeting. A 3-year agreement with Scotiabank has been signed, but not yet formally announced. Scotiabank is now the official financial institute of the PHPA. Lastly, we have a new partnership deal with SimpliFlow Competitive Sports App where the PHPA will see a percentage of revenues.

Darryl talked about the recent signing of a 5-year Development Fund agreement with the NHLPA. The purpose of the deal is to assist the PHPA with communications initiatives,

13 marketing resources, professional development, and enhance other initiatives, getting players acclimated to a unionized environment before they reach the NHL.

In regards to community relations, the PHPA fulfills donation requests, participates in local charity events such as McHappy Day, public speaking appearances, and youth hockey safety clinics to help promote PHPA Members and their community initiatives.

Darryl spoke about the REDLINE Program which was rebranded last year. This player-specific program is available 24/7 and funded in part through the sale of solicited hockey memorabilia, grants and sponsorships. Program usage has increased significantly since the launch.

Other revenue sources where the PHPA is involved includes the sale of ECHL All-Star jerseys and Captain jerseys. Funds from jersey sales benefit the Health & Welfare Trust. Another revenue source includes the PHPA Shopzone selling PHPA merchandise and team trading card sets.

Looking ahead, initiatives include access to a mental training consultant (no cost), research studies with Professors from Brock University, a player voted awards initiative and the development of a PHPA mobile app.

In conclusion, the PHPA has recently brought on BFL CANADA Risk & Insurance Services Inc. as an official partner. Feedback and direction from players is often the driving force behind our business operations success.

PHPA 2012 Financials / 2013 Budget

- Len D’Aiuto, CPA, Larry Landon, PHPA Executive Director

Larry explained the past and present financial status of the PHPA and how the PHPA has a sound financial foundation of which is a credit to Len and Ed McGurk (PHPA accountant).

Len began with a brief professional history and reviewed the draft financials explaining the Auditor’s Report, Statement of Financial Position (balance sheet) as well as each line item. Len noted that the PHPA is solvent and can borrow money if needed. The PHPA is a non-profit organization which means that its goal is not to make money, but rather to make money work for the players, and then converting this revenue back into player programs. Len reviewed each line on the Statements of Activities-Operating Fund (income statement), Statements of Changes in Net Assets-Operating Fund, Statement of Changes in Net Assets-Hardship Funds, Statement of Cash Flow, Notes to Financial Statements, and Capital Expenses.

Len stated that the third paragraph in the Independent Auditors Report gives an opinion and that it is an “Unqualified” statement. He explained that this is what you want to see. If the accountants found something that didn’t meet accounting standards, the statement would be “not unqualified” and a list of all issues would be included.

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Len explained a way to verify the PHPA’s solvency by calculating a quick ratio of assets to liabilities. The PHPA has $1.9 Million in assets compared to $143,673 in liabilities. As well, we have investments of $250,000 in GIC’s at Scotiabank of which is earning 1% interest. This is a very good financial position.

Larry explained the importance for the PHPA to have a solid financial foundation so they can hire the appropriate lawyers needed to fight major battles. Leagues and team owners know this, which is tremendous leverage for the PHPA.

Any major changes to the budget must be approved by the Executive Committee. Larry urged all Player Reps to review and study the budget throughout the week, as they will be voting on it on Friday.

Larry explained the Player Contingency Fees to the players per Graham Mink’s request….$0.50 cents/day in the AHL, $0.25 cents/day for the ECHL.

Mike McKenna added that reason behind this was as a precautionary measure due to the legal battles that the PHPA may have encountered due to the NHL lockout and noted that it is a nice reserve to have.

Graham Mink asked that having survived the lockout, moving forward, what is the plan for the contingency fees? Will dues revert back to the old amount or is it a permanent thing? Larry said that we need to look at everything as a whole. It will be up to the Executives to decide.

Mike McKenna added that if we get to a certain amount, at some point, we may do something about it. Lenny added that with the CHL potentially not being represented this year, it may be best to wait and see.

Graham Mink asked about the TV Promotions for the AHL. Does the PHPA need to help fund this? Larry advised that we do, for the next 5 years.

Andrew Joudrey asked Larry to explain how/why the PHPA office building is a separate entity (Ontario Corporation)? Larry advised that the Corporation owns the building and acts as the landlord, while the PHPA acts as the tenant.

Dan Ringwald asked if PHPA does the maintenance and upkeep at the new building? Ed said yes.

Gord Burnett asked if we have to pay property taxes. Ed advised that yes, we do.

15 Graham Mink asked about Line # 194 – Extraordinary Expenses of $10,000. Larry advised that $2000.00 was allocated towards Sam Hill for his contract negotiations, the rest was towards CHL negotiations.

Graham Mink asked about the $180,000 loss for CHL legal fees. Larry advised that it was not all legal fees, it was also administration of staff.

Graham Mink asked why we keep the 401(k) if only 55 players are enrolled? Larry advised that it is beneficial for the players who participate but results in audit costs and other expenses for the PHPA.

Eric Baier asked about the budget amount of $61,373 for Computer Expenses, and if it includes software costs? Larry advised that it reflects the cost for software and programs that Randy designed and owns, who in turn will sell back to us.

U.S. Immigration for the Professional Hockey Player

- Joe Kirkwood – Leibl & Kirkwood

Joe Kirkwood and his partner Geoff Leibl have over 20 years experience as Immigration attorneys. They offer free consultation to all PHPA Members, have worked with many professional hockey players, and are the Association’s preferred US Immigration attorneys.

US immigration is getting tighter and more challenging than before. It is very important to stay within the rules of your visa. When it comes to immigration, there are all sorts of theories, stories, blogs out there with wrong information. Immigration is highly specific to your situation and fluid, meaning that there are constant changes to immigration laws and regulations. Joe said it is harder to solve the problem when he is called too late in the process. It really limits your options. He encourages all players to call him early when it is much easier to help and guide you. He advised that government agencies work to keep you out if your paperwork is not in order. They are not there to help you get in.

There are different levels of documentation which permit you to work in the US:

1. Visa – Temporary and specific – 3, 6, 10 year terms. When this expires you must leave the country. 2. Green Card – once you are issued one it is yours for life, as long as the US is your principal place of residence. It would be issued to you, your spouse, and any minor children. 3. Citizenship – You can apply for citizenship once you have had a green card for 5 years. This allows you to stay in the US at anytime whether it is your principal place of residence or not.

16 There are different types of Visa’s issued. “P” Visas are the most common for hockey players – which can be issued either for the season or for 12 months.

E2 visas are great for Canadians and treaty investors. If you are done playing and you or your spouse want to buy into a business, you can utilize this visa which is renewable, if you are looking to invest at least $75,000. Anything less than this may set off some red flags. This allows the spouse to work in the country.

Green Cards are something many hockey players should try to get if they are planning to stay in the US or would like to stay in the US after they finish playing hockey.

There are a few different ways to obtain a Green Card. You would need to be sponsored by someone; usually a spouse, family member, or an employer. Having an employer sponsor you is more difficult because you have to prove that you have a specialized skill, and that no one in the US can do your job. If you are in the NHL it is a bit easier because you would have a pro- contract.

In some cases it is easier to have your spouse apply if she has a job that is in high demand such as a nurse or physical therapist. Have your spouse apply and then you can get your green card through her.

It is also possible to have a family member sponsor you. Many times if you check back in your ancestry you can find a relative that is a US citizen who can sponsor you.

Joe suggested that if you fit the criteria for the Green Card, you should apply while you are still playing. It is a long process regardless of the path you take and it is easier to obtain one if you are working.

You can also obtain your Green card if you marry an American citizen. You usually would get the Green card within 6 to 12 weeks. You must stay married for at least 2.5 years for the Green Card to be valid.

In closing, Joe reiterated that players should call him early in the process, before it is too late. If it’s too late, the government will know the player’s intentions, and by that time, he may not be able to help them.

Adam Huxley asked if applying for a green card affects your P1 status? Joe stated yes, but it is manageable. If approved for a green card, you still need your P1. Best to start application in the Fall with a new P1. They can co-exist.

Adam Huxley asked if there is a cost for a green card? Joe said it depends on the country you are from and the level you are playing. It can cost $4,000 – $5,000.

Jeff Kyrzakos asked if your P1 could be extended if you are receiving Workers Compensation?

17 Joe answered if the P1 ends in May and you need treatment, you can leave and return as a visitor. It is not a good idea good to overstay your visa.

Jeff Kyrzakos then asked about receiving payment while on Workers Compensation. Joe answered you can receive the pay, you just can’t be here (if visa ended).

Joe stated that the cost of obtaining a green card through your spouse is $1,800.

Max Fortunas asked if Customs is obligated to issue the spouse a visa at the border. Joe answered they are not obligated however it shouldn’t be a problem if you are married.

Rick Gorman asked if a player plays in the deep south of the US but lives in northern Canada for example, it is a long distance to go out of country and come back (if player is required to leave country and come back). Joe noted that a player can go to Mexico. They don’t have to go to Canada. Doesn’t have to be his home country.

Reebok-CCM Hockey Presentation

- JC Bergeron, Gary Linquist, Jon Nasseura, Hugo Hamelin

JC Bergeron introduced himself and presented the new technologies in the development of skates and blades. He then introduced a new line of hockey sticks and explained the degrees of torque, flex, and other research and development results for each stick

JC added that players should try the new sticks. Some players have claimed that their game really improved once they switched even from a Rib to RBZ.

Graham Mink said that the team’s Equipment Managers are the go-between guys. The Equipment Manager often blames Reebok when product hasn’t arrived, which may or may not be true. Last year, we discussed an online portal to view order tracking. What is the status on that?

JC said that as a company they have been so busy that they haven’t worked on this yet. Gary does hold monthly calls with Reebok Reps and Equipment Managers, eliminated suppliers where change was needed. The sticks players are receiving now will be much more consistent. It’s a touchy subject when dealing with the relationship between players and Equipment Managers. Perhaps the Executive Committee can set up a couple of calls with the Reebok Reps towards discussion to initiate this tracking mechanism and to monitor any issues or problems from a player’s perspective throughout the year.

Gary Linquist suggested that Player Reps take time at the beginning of the year to introduce themselves to their Reebok Rep, and to be in communication with each other throughout the year to discuss any issues or problems.

18 Graham Mink noted that during this past year, some of his teammates had to go to local hockey equipment stores to purchase Reebok equipment because the team said they couldn’t get the product.

Gary said that each player should know who their Reebok Rep is and to have all of their contact information in the event that this happens. They need to know if this is happening.

Adam Huxley added that he knows of players in ECHL who have not even seen their Reebok Rep.

Gary explained that Reebok had to rearrange some of their Reps this year and will make a concerted effort to improve this process for next year.

JC concluded by saying that the number of teams that Reebok must supply throughout the year is huge. They are in the process of hiring new Reps who are eager to get going in the industry which should lead to elevated service to the players.

ECHL Breakout Session - Open Discussion

- Simon Fréchette, PHPA Director of Hockey Operations, Matt Darte, PHPA Coordinator of Hockey Operations

Simon Frechette began the session by asking all players what their thoughts were on the status of the Central Hockey League.

Cody Lampl felt that more CHL players have to join the union.

Adam Huxley said that you can’t consider it turning your back if not all CHL players are paying dues. If the PHPA continues to represent CHL players, the issues will only continue to mount.

Simon explained the impact that right to work states have on some players joining the Union.

Adam Huxley added that we can’t have a situation where players are half in and half out.

Jean Bourbeau asked what the owners’ vision is for the League? Simon said that this question may be better answered by Larry, but it appears the League is set to operate next season as a 10- team League.

Cody Lampl noted that a decision does not need to be made until September.

Simon mentioned that increasing dues in the CHL was an idea that has been brought forth. He asked if this would have the opposite effect and push more payers away from joining the Union?

Riley Nelson felt that there are too many unknowns right now as to what the League will even look like moving forward.

19

Simon continued the session by discussing the new ECHL-PHPA Collective Bargaining Agreement. He explained some of the main changes from the previous CBA.

Adam Huxley pointed out that the salary cap went down from the previous CBA but noted that most teams don’t spend to the cap anyways.

Simon mentioned that the ECHL was looking for rollbacks in the CBA right from the start of negotiations.

Riley Nelson felt that the rookie salary cap should be based on a combination of number of games played or number of days on roster.

Jody O’Neill asked how the rule then would apply for goalies, as some goalies may only play a few games each year.

Adam Huxley suggested that for goalies it should be the number of games dressed.

Cody Lampl felt that for the rookie salary cap, it should be based on number of days on roster for rookies and goalies.

Jody O’Neill brought up that it can be tough for goalies to get new equipment.

Adam Huxley said that Player Reps have to be able to deal with the team trainers.

Mike Embach asked if there was a way to provide trainers with the insurance information, as players on ECHL or AHL contracts have different benefits.

Simon said that the trainers should be getting that information from the League and their team, or they can call the PHPA Benefits department if they have any questions.

Cody Lampl suggested that players come up with some questions that they can ask Brian McKenna during Friday’s breakout room.

Adam Huxley said that he wanted to know how the League values fines.

Matt Clune suggested that teams should wait at least 24 hours after a game to do an exit physical. He explained how he had seen situations where the team did the exit physical right after the game.

TJ Reynolds concluded by telling all the players that if they know and understand the CBA, they should be able to answer most questions from their teammates.

20 Thursday, June 20, 2013

Attendees: Executive Committee, Player Representatives, PHPA Staff, PHPA Consultants and Legal Advisors

New PHPA Website

- Stephen Elliot, Kodiak I.T. Consulting

Darryl introduced Stephen as an outside consultant who was contracted by the PHPA to develop a PHPA website similar in design and functionality to that of NHLPASource.com. Stephen was the developer of NHLPASource, and still works at the NHLPA on a part-time basis.

Stephen began by describing the NHLPA’s website. They have NHLPA.com as a public facing website towards the hockey community. Their Players Only website is NHLPASOurce which is a useful communication tool, and one that allows the NHLPA to capture player attitudes by way of surveys and feedback. The site also encompasses an “E-File” system which allows players to search comparables with regards to statistics, salaries, and contract information. The site also gives players the ability to update their information online.

On the current PHPA public website, his goal is to simplify navigation. On the new site, bells and whistles will be added such as a player card appearing when the curser hovers over a player’s name. Corporate partner banners will change on the public site and appear when the user reads a story. The administration of the site will also be easier.

Stephen demonstrated the new Workers’ Compensation section where it provides a bio on each panel attorney. He also went through the Agent page which is the most viewed page on nhlpa.com.

He then went to the Players’ Only website and started with a Recent Signings page. It’s not a search, but rather an information source as updated in the PHPA database.

Next was the Team Summary which provides an overview of the team’s total payroll, contracts, number of veterans per team. And which players have been signed and who are on contract.

Stephen then went through the Contracts search page, allowing players to view the contract information of other players.

Mike McKenna asked if this information can be accessible on mobile devices? Stephen said yes, players can view this on their iphone, ipads, and will be tweaked so it views as a fluid design. It will work the exact same way in a mobile environment.

Graham Mink asked about the speed in which information will be updated?

21 Simon said that because the information is being imported from the PHPA database, it depends on how fast teams send the paperwork to the League office, who then must submit to the PHPA. It is then be entered into the PHPA database, and then uploaded to the site.

Mike McKenna said that this initiative is money well spent, and asked if there is a mobile app in the pipeline? Darryl said yes, the costs and timeframe will be brought up during Saturday’s Executive Committee meeting. Stephen added that a mobile app would be extremely beneficial, and that the NHLPA mobile app receives more usage by players than the website.

Max Fortunus asked when the new website will be ready for launch. Stephen said he needed a couple of weeks to clean things up.

Stephen then spoke about security measures with player information. Passwords cannot be accessed at any time, and that mechanisms are in place that will not allow any anyone to encrypt passwords.

Mike McKenna said that the site looks incredible and should lead to huge utilization of the PHPA Players’ Only website. Player Reps should make a point to tell their teammates to use the new website.

Stephen said that the site will be great for agents to use as well.

Graham Mink said that the site is exactly what we wanted. The site will give players access and comparative analysis, but will be important to get the stats and data from the Leagues.

Larry said the PHPA will work with the League offices to get the transfer of real-time data transfer.

Mike McKenna added that the Workers’ Compensation section is perfect. Will the Benefits and health and wellness section be online as well? Larry said that Stephen can sit with Paulette to present this information.

Adam Huxley asked if there would be a section on the new site for players to blog and share information as a discussion forum? Stephen noted that a popular section on NHLPASource refers to players recommending housing options such as renting out houses or referring players where to live. However, he cautioned that we must be specific in what type of blogs are set up as it could lead to issues.

Andrew Martens asked if players would be able to see their own workers’ compensation history? Stephen said that this can be added. It’s just a matter of setting it up if that’s what the players want. If the data is available, it will be easy to show.

Larry asked that given the upcoming AHL CBA negotiations, what would be the timeline towards the development of a mobile app?

22 Stephen said it take approximately 3 months to get this operational.

Larry added that Don Fehr speaks so highly of the feedback he receives from the players via their website and mobile app.

Stephen added that this website was built to be easily transitioned towards a mobile app.

Zack Fitzgerald asked if agents would be charged a fee to use the mobile app? Larry said that agents already pay a yearly subscription to the PHPA and that this access would be included, and may lead to more agents subscribing to the program.

Stephen added that if traffic to the agent section is high as it is on nhlpa.com, the union could potentially earn ancillary revenue from the agent page from Google ads.

Quintin Laing asked if there would be European League statistics included on the site. Simon noted that we probably wouldn’t include these.

Zach Stortini asked if a Classified ads section could be included on the players only site? Stephen said that is a good idea, and that anything can be added. Similar to the housing section.

Max Fortunus asked if a player’s medical records could be stored on the site as well? Stephen said that privacy laws would probably prevent this from happening.

Darryl concluded by saying that as the NHLPA named their players only website “Source”, the PHPA poled the Executive Committee, and the PHPA players only site will be called “Connect”.

PHPA Workers’ Compensation Panel

-Jim Aven, Esq., Ben Boscolo, Esq., John Collins, Esq., Gerry Herz, Esq., Rich Wagenheim, Esq., Richard Berthelsen, Advisor, NFLPA, Tom DePaso, General Councel, NFLPA

Larry introduced Richard Berthelsen as the retired General Counsel for the NFLPA after serving in that position for over 20 years. He is now a Senior Advisor to the NFLPA, a friend to the PHPA, and one of the smartest executives in sport. Richard will moderate the panel discussion.

Richard introduced each panel member and noted that Ned Ehrlich would often give each player a package of M & M’s to help remind them of “Money” and “Medical” benefits players could be giving up if they don’t file the proper workers’ compensation paperwork. He then introduced Gerry Herz.

Gerry said that players have a long life ahead of them after their playing careers. If you have protection for your medical care (by filing a workers’ comp claim), you do not give up your medical rights. Canadians do have universal health care, but even so, there are doctors and specialists in the US and around the world that you will be covered to see if your paperwork is in

23 order. You should file to protect yourself, your family, and your future – you always want to keep the door open. Some injuries such as arthritis get progressively worse over time. You may need care years from now. Call the PHPA if you have any questions.

Richard introduced Jim Aven, the Panel attorney from Massachusetts.

Jim asked the players how long do you have to file a claim, and when should you file? The 4- word answer is: as soon as possible. Workers’ Compensation claims eventually get time-barred. This varies from state to state. The burden of proof is on the injured worker. You must prove an injury to receive benefits. Players should call the PHPA if they have any questions. This Panel of Attorneys exists for a reason and there is a process in place to help players. Players should keep their agent in the process as well as teams and management do not like surprises. Your medical records can be tough to get from the Club at times, but the CBA within each League provides players with the right to their medical records. It is a collectively bargained right you have. Players don’t plan on getting hurt, and many don’t look ahead to what might happen in the future. Players can always file a claim now to document the injury, and come back to it in 5-10 years. Your rights can be preserved. Filing ASAP is the safest thing to do.

Richard added that the attorneys offer free consultation to all players. If you have any questions, call the panel member. This doesn’t mean you are filing, but rather you are simply seeking advice. That way, you can plan when and if you are going to file. Nobody has to know you called.

Zack Fitzgerald said that he had surgery on his wrist. His concern is that teams will see this, and doesn’t want to hurt his chances of landing with another team in the future. Richard said that we will get to that very concern momentarily.

Ben Boscolo spoke about additional benefits available when you get hurt on the job, and it all depends on the nature (temporary or permanent) and extent (of disability – total or partial) of the injury. That sums up workers’ compensation benefits. For example, if you typically have a summer job, and because of your injury you can’t do that job. If you filed a workers’ comp claim, you can get wage replacement benefits if you recorded the injury, up to the maximum benefit your state allows, depending on your situation.

There are also 2 kinds of permanent and partial disability benefits – scheduled and unscheduled benefits. Unscheduled apply only if you experience a decrease in your ability to earn money.

Richard noted that these benefits vary from state to state. For example, Florida and Texas state laws are not as union or workers’ compensation friendly.

Rich Wagenheim, the attorney from Florida, said that the key to filing in Florida is jurisdiction – ties to the state must be met. This may depend on where you were injured, where you signed your contract, where you live, etc.

Attorneys can help determine the best state to file. An issue that has come up with some professional Clubs is a form selection clause in the player’s contract. The form selection clause

24 is an agreement to only file a claim in a particular state. If you see this clause in your contract, ask why. The key is reporting the injury, then you can keep the claim open.

Larry added that during the recent ECHL CBA negotiations, the owners wanted their choice of workers’ compensation jurisdiction. Larry just walked out of the room and said no. But don’t be surprised if the AHL tries this as well.

John Collins, the attorney from Texas, advised players to not file in Texas if possible. However, Texas has lifetime medical benefits that can’t be given away. The statute of limitations in Texas can be extended if the Club hasn’t filed the employer’s first report of injury.

Richard introduced the next topic –the costs of workers’ compensation.

Jim Aven explained how legal fees vary from state to state. Legal fees could actually be a part of the rights package. Some states however are on a contingency basis. When income stops, most players wouldn’t be able to pay a lawyer.

Gerry Herz expanded on the contingency basis for legal fees. When attorney fees are contingent, you don’t have to worry about out of pocket expenses. In other words, the claim has to be successful.

Rich Wagenheim added that there are times when the attorneys work with the PHPA without being the player’s lawyer.

Richard noted that a concern arose over who would being paying the cost of benefits and what would management think if you filed a claim. Players are not going to worry about what the team thinks of them when they are 50 and in need of medical care. Owners have a lot of influence in state legislature. Unions are trying to fight changes in state laws. California has cumulative trauma and a lot of players are filing there because of the minimum requirements. There are so many more reasons to file a claim than not to file.

Tom DePaso added that strength in numbers is key. As a Player Representative, you should be encouraging your teammates to file a claim if they are injured. If everyone is filing a claim, management can’t cut every player. Workers’ Compensation is a negotiated, state right and a team’s cost of doing business. In a contact sport such as hockey, injuries are going to occur and are expected. But who will take care of you down the line after you have retired?

Ben Boscolo said that he has never represented a player who was released because they made a claim, whether you are a superstar or the last guy on the roster. Management may not like it if you were to file a claim after having been injured and subsequently cut from the team. Simon added that if players are unsure of what to do, they can call the PHPA confidentially.

Zack Fitzgerald asked if players should file if they suffer a concussion?

25 John Collins said that when in doubt, file. Players should keep records of everything as there could be cumulative effects of concussions later on. If there are no records from your playing days, you will have a difficult time filing a claim.

Richard added that you do still want your team medical records to reflect concussions. The NFLPA advises their players to get their medical records at the end of each year and be sure that what you tell trainers is recorded.

Larry said that every player should ask for their records. He once encountered a situation where a team trainer was fired, and coincidentally all of the team’s medical records disappeared.

Jean Bourbeau asked if players can go back to trainers from past seasons to get their medical records?

Larry responded by saying yes, players should do this.

Mark Mancari added that he once had to go to the team Doctor to get his records.

Simon mentioned that you have to ask for your records. Often, they are not just given out.

Ethan Cox asked if a trainer had to stitch you and it left a scar, what can players do if their medical records are lost?

Gerry advised to take a photograph when it’s at it’s worst.

Jason Jaffray asked how to file a workers’ comp claim if injured in the US while playing for a Canadian team?

Gerry said that the player would likely be covered in a number of different states.

Larry said that the panel members are working to change workers’ compensation laws from state to state.

Ben said that some state jurisdictions won’t accept claims from visiting players. Sometimes the attorney has to get creative.

Eric Baier asked what happens if a team folds. Does the player still have coverage?

Gerry said that states have an uninsured employer’s fund. Structures and payment schedules are in place to protect players in the event of this very situation. It’s happened in the past.

Graham Mink said that teams make players fill out an injury history form. How should a player best fill out this form?

Rich said to honestly and truthfully fill out the form. Failure to disclose this kind of information could lead to a denial of benefits.

26

Ben added that players should list all surgeries they have had as well as concussions. Although it is hard to recall all of the little things, if you had asked for your medical records, filling out this form would be easy.

Larry added that he worked on a case where a player documented his injuries well, and can now be defended easily.

Tom DePaso advised to be as detailed as possible. There is no way you can remember everything, but use your medical records. Another reason to get them.

Dan Ringwald said that he suffered a wrist injury, but that during the summer months he would still be employable for an office job.

Jim Aven explained that it really depends on the state and the situation.

Larry said that California and are great states for filing.

Richard concluded that the PHPA, NFLPA, NHLPA, NBPA, MLBPA, and MLSPA have formed a coalition to lobby for protection of workers’ compensation benefits in the state of California and that they have a lot of support in the Senate. They are working hard on that issue and will keep players informed.

27 Friday, June 21, 2013 Attendees: Executive Committee, Player Representatives, PHPA Staff, Consultants and Legal Advisors

Final Approval of Financials & Motion for acceptance

Prior to the motion for acceptance of the draft financials and 2014 budget, the floor was open for any questions or discussion. No questions were asked.

Larry advised that extra expenses this year were for two (2) laptops one for Simon and one for Paulette as both had to be replaced.

Larry also advised that there would be a new PHPA vehicle coming, with a low interest rate.

Larry also noted the expenses for having the 401(k). He explained that is an expense that is a drain on the PHPA, however the players have to be given the option of finding alternatives (IRA, etc.). The PHPA will seek advice from 401(k) experts.

Draft Financials – Motion for acceptance

“Accept Draft Financial Statements as presented” Motion made by Jeff Kyrzakos Seconded by Graham Mink All in favor – unanimous

2014 Budget – Motion for acceptance

“Accept 2014 Fiscal Operating Budget and Capital Expenditures as presented”. Motion made by Mike McKenna Seconded by TJ Reynolds All in favor – unanimous

. CHL –Motion on the Floor

Larry advised that the Central Hockey League must take care of the existing issues if we are to keep them on board. He will be meeting with Duane Lewis and the in the next few weeks. We are not at point of withdrawal as Duane indicated that he is confident the new ownership will resolve any existing issues.

Sutton Special Risk has indicated that they will not insure the off-ice benefits program next year. Thus off-ice insurance for CHL players remain a mystery.

28 Larry requested a Motion to reflect the following, as it pertains to the CHL:

PHPA Player Representatives hereby authorize the Association’s Executive Director and the Association’s Executive Committee to take any and all steps necessary as it pertains to the future CHL / PHPA relations.

Such authorization shall include, but not be limited to, complete analysis / review of League structure, analysis of Player dues increase, analysis of expected Player participation in PHPA representation. It shall also include necessary steps being taken for the PHPA to cease acting as Collective Bargaining Representative for CHL Players under the National Labor Relations Act.

CHL – Motion for acceptance

“Accept CHL Statements as presented” Motion made by Gord Burnett Seconded by Graham Mink All in favor – unanimous

Scotiabank Presentation

– Bob Beckerson, Director, Scotia Private Client Group

Bob began by giving some background information on Scotiabank and highlighting how it is one of North America’s premier financial institutions. Scotiabank has a Private Client Group who can work with clients such as professional hockey players to effectively build, preserve, and transfer their wealth while assisting with the typical banking needs of the professional hockey player.

Bob stressed the importance of planning. In hockey, teams have a plan for the next game, the next 10 games, and the rest of the year. A plan is important so that you know where you are headed in the future financially, so why not create a financial plan.

Bob provided the players with several tips that can be useful in their financial planning. These tips included: not letting your signing bonus change your life, manage your spending, planning for retirement, careful tax planning, protecting assets from lawsuits, and protecting your family’s future through insurance strategies and estate planning. There are also several reasons why professional athletes “go broke” such as bad investments, frivolous spending, misplaced trust, divorce, children, and unnecessarily having an entourage.

The Scotia Private Client Group helps the client to plan by looking at their entire financial situation. This includes current considerations such as a cash flow analysis or taxation as well as future considerations such pension analysis, insurance strategies and will and estate planning. All of theses aspects culminate into a strategic action plan.

29 State of League Address

– Dave Andrews, President/CEO,

Larry introduced Dave, who thanked the PHPA staff for all they do, and commented on the great relationship that exists between the PHPA and the AHL.

Dave began his presentation by recounting some of the history of the relationship between the PHPA and the AHL and pointing out that the first couple of years were rough; the PHPA brought in the National Labour Relations Board to deal with some AHL issues. Since that time, a great relationship has blossomed.

The IHL merger with the AHL that occurred over 10 years ago was the best thing to happen for minor pro hockey in 50 years.

Dave pointed out that the only bad aspect of his job is that due to the number of players and the volume of work, he feels he is sometimes out of touch with the players which is why he looks forward to these meetings each year.

Dave discussed the Team Business Services department the League initiated a few years prior. The AHL has three staff members whose sole responsibility is to work with teams in an effort to generate revenue. Ticket sales are reported in real time. There has been an increase in ticket sales revenues in the past few years of 5-8% due, in part, to changes in ownership and senior executive positions, and sharing of best practices among teams.

Dave then updated on Ownership and Market Development. It is an ongoing task to seek out potential new owners because owners go out of business and markets get tired. It is important for the AHL to expand to the west coast, if for no other reason, than to keep another league from starting up and depleting the player supply and stability for existing AHL teams.

The NHL lockout helped generate good revenue for AHL.

The AHL set a record for over $10,000 in online merchandise sales after Grand Rapids won the Calder Cup.

Dave discussed affiliation changes that will take place for the 2013-14 season. Vancouver bought Peoria, but will be going to Utica because it is the only place where Vancouver could have a team and not have to operate it themselves, yet still maintain control. The team didn’t stay in Peoria due to the financial situation there. Robert Esche and Frank DuRoss wanted to resurrect a team in Utica. The building is undergoing renovations and is expected to be a very good market.

The relationship between the St. Louis Blues and Chicago Wolves will result in a great partnership.

30 Houston’s move to Iowa will not be good for the Texas rivalry, but the Houston NBA group did not want the hockey team any longer.

During the NHL lockout, 15-20 AHL games were televised on Sportsnet. Going forward, there is a deal in place for more games to be televised, specifically, 1 game per week from January through to the Calder Cup playoffs.

The 2014 AHL Winter Classic will see the Lake Erie Monsters play the in Rochester. In addition, the will play the in an outdoor game that will run in conjunction with the NHL Winter Classic. Shortly after the AHL Winter Classic, the Rochester Americans will be going to Switzerland to play in the Spengler Cup.

The AHL is looking at an international opportunity to bring a team from Europe to play in the All-Star game. Also looking at bringing European teams to play during the Olympic break in 2014.

With respect to officiating, consideration is being given to expanding the number of games with the two-referee system. This will be discussed in the breakout room.

The 2014 Calder Cup Playoff shares are as follows:

First Round $796 Second Round $2,274 Third Round $4,549 Finals $8,643 Champions $12,282

Dave thanked the PHPA and the players for inviting him to these meetings, and looks forward to the breakout room later in the day.

State of League Address

– Brian McKenna, Commissioner, ECHL

Larry introduced Brian and provided a brief career history.

Brian congratulated the for their Kelly Cup win. Also congratulated the as the runner up.

The ECHL operated at 23 teams during the 2012-13 season, and will contract to 22 teams for the 13-14 season with the loss of the . Attendance, on average, was 4,692 per game, a modest increase over the 2011-12 season. Full season tickets are difficult to sell. This was made up by an increase in group sales.

31 The ECHL puts an emphasis on sustainability by looking for long-term markets. The ECHL appreciates charity work by players noting millions of dollars are raised for community/charitable causes.

Special mention was made for Ralph Backstrom, founder and retired President / GM of Eagles where the All-Star Game took place. The year in review stats revealed that 512 former ECHL players have gone to play in the NHL, 22 during the 2012-13 season. 148 out of 165 players on NHL contracts were recalled to AHL, adding that non-affiliated recalls are currently an issue. Cincinnati and Trenton each had 26 players recalled. A review was given on goals per game, penalty minutes, and concussions. The ECHL tries to use video of all concussion injuries to determine how they are happening. Concussion research is ongoing.

Brian discussed the Collective Bargaining Agreement giving thanks to players involved in the process. Players have been very helpful in putting forth issues. Brian spoke of player concerns such as wanting the number of veterans to remain at 4, free agency for goaltenders, basic dental, playing issues such as a break before playoffs, travel, enhancements towards the Career Enhancement Program, and streamlining workers’ compensation and medical treatments.

Brian spoke of plans for the future which includes looking at adding good markets and operators.

AHL Executive Committee Elections - Results

AHL Elections – 30 teams; 2 Executive positions to be filled

AHL Executive Committee Mike McKenna – not required to stand (elected in 2011) Andrew Joudrey – not required to stand (elected in 2012) Max Fortunus – not required to stand (elected in 2012) Boyd Kane – not required to stand (elected in 2012)

Elected: Graham Mink Brandon Segal

AHL Alternate results: 1st Jason Jaffray, 2nd Quintin Laing, 3rd Greg Rallo, 4th Mark Mancari, 5th Chris Summers, 6th Brett Gallant, 7th Barry Goers

32 ECHL Executive Committee Elections - Results

ECHL Elections – 22 teams; One Executive position to be filled

ECHL Executive Committee TJ Reynolds – not required to stand (elected in 2011) Ryan Cruthers – not required to stand (elected in 2012) Cody Lampl – not required to stand (elected in 2012) Mike Little – not required to stand (elected in 2012)

Elected: Adam Huxley (re-elected)

ECHL Alternate results: 1st Riley Nelson, 2nd Brett Robinson, 3rd Ethan Cox

CHL Executive Committee Elections – Results

CHL Elections – 10 teams; No Executive positions to be filled

CHL Executive Committee Jeff Kyrzakos - not required to stand (elected in 2010) Scott Wray - not required to stand (elected in 2011)

CHL Alternate results: 1st Gord Burnett, 2nd Cal Wild

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