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Home , 2005 NHL Entry Draft, Chris Mason (ice hockey), Corey Crawford, Goaltender, Pavol Demitra, Semyon Varlamov

IN THE MATTER OF A SALARY ARBITRATION BETWEEN:

ONDREJ PAVELEC

-AND-

THE

BRIEF IN SUPPORT OF THE WINNIPEG JETS HOCKEY CLUB

Ottawa Team 2 TABLE OF CONTENTS

I. INTRODUCTION AND OVERVIEW

A. Club’s Position ...... Page 3

B. An Introduction to Ondrej Pavelec ...... Page 3

1. Pavelec as a Top Defensive Prospect ...... Page 4

2. Pavelec Emerging As a Potential Starter ...... Page 5

II. COMPARABLE PLAYERS

A. Selection of Comparable Players ...... Page 6

B. Comparison of Comparable Players ...... Page 7

C. Ondrej Pavelec v. Comparable Players ...... Page 7

i. Ondrej Pavelec v. ...... Page 7

ii. Ondrej Pavelec v. ...... Page 8

iii. Ondrej Pavelec v. ...... Page 9

iv. Ondrej Pavelec v. ...... Page 10

III. CONCLUSION

2 I. INTRODUCTION & OVERVIEW

! This is a matter of a salary compensation arbitration involving Ondrej Pavelec and the

Winnipeg Jets pursuant to Article 12 of the 2005 Collective Bargaining Agreement (the “CBA”) between the (“NHL”) and the National Hockey League Players’

Association (the “NHLPA”).

! Under terms of the CBA, Ondrej Pavelec is a Group 2 restricted free agent. Beginning

July 1, 2012, Pavelec was able to negotiate a new contract with any of the 30 NHL clubs, including Winnipeg, which he failed to do.1 As a result, Pavelec has requested salary arbitration to determine his employment compensation for the 2012-13 season.

A. CLUB POSITION

! Based on Pavelec’s statistics from the 2011-12 season and his career performance, it is the Club’s position that the appropriate compensation for Pavelec for 2012-13 is $2,900,000 This brief will demonstrate, on several grounds, that this salary offer is just and equitable as it relates to the NHL marketplace for . Relevant review of Pavelec’s career performance and platform year, in addition to comparisons with comparable NHL players will support the Club’s salary position.

B. AN INTRODUCTION TO ONDREJ PAVELEC

! Ondrej Pavelec, 25 years old, was born in Kladno, . He is a 6’3”, 220 pound playing for the Winnipeg Jets. Pavelec was selected by the in the 2nd round, 41st overall, in the 2005 NHL Entry Draft.2 Pavelec signed his entry-level deal

1 2005 CBA, NHL and the NHLPA, Article 12.9(g)(ii)-(iii)

2 These stats can be found at NHL.com, http://www.nhl.com/ice/player.htm?id=8471715#&navid=nhl-search

3 with the Thrashers in 2007 and has played for the organization ever since3. The following characteristics provide insight into Pavelec’s performance and contributions:

• Youth and Experience: At only 25 years of age, Pavelec has played 187 games in his 6

year career. Over the next year or two, Pavelec has the potential to progress to a top

starting goaltender in the NHL but requires further development.

• Durability: In Pavalec’s young career, he has proven himself to be durable, only missing

games in 2010-11due to of freak fainting spell. However he has shown fatigue, resulting

in diminished performances towards the end of the season, including the franchise’s

2011-12 playoff run. As such, Arbitrator Foisy has distinguished that “the durability of a

player must be considered not in relation of a single season but over a larger time span.” 4

• Consistency: Pavelec’s performance has been fairly consistent over his career. Since

2009-10, in his three full seasons Pavelec had a 0.906,.914 and .906 percentage in

168 games. However, each season Pavelec’s play is inconsistent with declined

performance in the last quarter of the season and in games on back-to-back nights, the

prime times a hockey club needs its goaltender to produce.

! ONDREJ PAVALEC CAREER NHL STATISTICS PER SEASON (2007-2012) Season Team GP W L T MIN SO GAA SV % 2007-08 ATL 7 3 3 0 347 0 3.11 0.905 2008-09 ATL 12 3 7 0 599 3 3.60 0.880 2009-10 ATL 42 14 19 7 2317 0 3.29 0.906 2010-11 ATL 58 21 23 9 3225 4 2.73 0.914 2011-12 WPG 68 29 28 9 3932 4 2.91 0.906

3 This information can be found at capgeek.com, http://capgeek.com/players/display.php?id=365

4 Pavol Demitra and St. Louis Blues, Foisy, Arb., August 17, 2001, at p.9-10

4 1. PAVELEC AS A TOP GOALTENDING PROSPECT: THE EARLY YEARS

! Following two very successful seasons in the Major Junior Hockey League,

Ondrej Pavelec made an immediate jump to the NHL in his first year of pro hockey. Pavelec’s on-ice production has increased considerably from his rookie season. In 2007-08, he only played in 7 games for the Thrashers and then just 12 the following season. In 2009-10, Pavelec eventually made the jump to full-time NHL status and was given increased responsibility in

2009-10 when he split duties with , In 2010-11, Pavelec’s performance earned him preferred goaltender status for the Thrashers as he played 58 games.

! Pavelec’s performance and games played must be examined in context of the opportunities afforded to the player by the Club. As stated by Arbitrator McLaren in Flaherty and San Jose (1996), during the bargaining process, “one must look more to the player/club circumstances. When that is done, then negotiation dynamics are relevant; as are individual performance with the Club, value to the team and then, market comparisons.” 5

2. PAVELEC EMERGING AS A POTENTIAL STARTER: PLATFORM YEAR

! Ondrej Pavalec Career NHL Statistics per Season (2007-2012)6 Season Team GP W L T MIN SO GAA SV % 2011-12 WPG 68 29 28 9 3932 4 2.91 0.906 ! After a strong 2010-11 season, the Club was excited for Pavelec’s progression to a bona-

fide NHL starting goaltender in 2011-12, his platform year. Playing 68 games over the season, which saw him rank 7th among NHL goalies7, Pavelec certainly solidified himself as the Club’s 1 goaltender. During which time, the Club had adequate success with Pavelec in the net

5 Flaherty and San Jose, Arb, Flaherty., Sept 3,1996 at page 9

6 Ibid note 2.

7 These stats can be found at NHL.com, http://www.nhl.com/ice/playerstats.htm

5 finishing with 29 wins and 28 losses when he started.8 However, his individual performance was far less impressive.

! Among the top 30 goalies in games played of which no Club had two goalies, Pavelec ranked 26th in and 29th in .9 Although .906 is a respectable number for a goaltender in the NHL, Pavelec’s play over the season was plagued with inconsistency. While Pavelec had 4 over the season, he also had 13 starts in which he let in 5 or more goals.10 Furthermore, Pavelec’s individual performance steadily diminished throughout the year with his worst play coming in the final month of the season.

II. COMPARABLE PLAYERS

A. SELECTION OF COMPARABLE PLAYERS

! To properly conduct a salary arbitration, appropriate comparable players need to be selected to determine what the player in question is worth in the NHL marketplace. When selecting comparable players for Pavelec, the Club considered young and talented NHL goaltenders who are restricted free agents exercising their arbitration rights in either 2011 or

2012.

! The criteria used to select comparable players were date of birth, years of NHL service, career statistics and platform season statistics. The comparable players chosen were Tuuka Rask,

Steve Mason, Semyon Varlamov and Corey Crawford. Given the above-noted criteria, it is

8 Ibid note 2.

9 Ibid note 7.

10 Ibid note 2.

6 determined that Semyon Varlamov and Corey Crawford are the most comparable players to

Pavelec.

B. COMPARISON OF COMPARABLE PLAYERS

! CONTRACTUAL BACKGROUND11 Player Age Team Date Signed Platform Year New Contract AAV Ondrej Pavelec 25 Winnipeg Unknown $1,300,000 Unkown Unkown Tuukka Rask 25 Boston July 2012 $1,500,000 $3,500,000 $3,500,000 Steve Mason 24 Columbus July 2011 $905,000 $2,600,000 $2,900,000 Semyon Varlamov 24 July 2011 $821,667 $2,500,00 $2,8333,000 Corey Crawford 27 Chicago July 2011 $850,000 $3,250,000 $2,666,667

! CAREER TO PLATFORM YEAR STATISTICS12 Player GP W L T MIN SO GAA SA SV% AAV Ondrej Pavelec 187 70 79 25 10420 10 2.99 5585 0.907 undetermined Tuuka Rask 102 47 35 11 5689 11 2.20 2831 0.926 $3,500,000/1 year Steve Mason 219 93 93 26 12426 1 2.89 6207 0.903 $2,900,000/2 years Semyon Varlamov 112 56 37 15 6567 8 2.49 3200 0.915 $2,833,333/3 years Corey Crawford 122 64 38 14 6924 5 2.51 3240 0.910 $2,666,667/3 years ! ! PLATFORM YEAR STATISTICS13 Player GP W L T MIN SO GAA SA SV% AAV Ondrej Pavelec 68 29 28 9 3932 4 2.91 2036 0.906 undetermined Tuukka Rask 23 11 8 3 1289 3 2.05 0.929 0.929 $3,500,000/1 year Steve Mason 46 16 26 0 2534 1 3.39 1355 0.894 $2,900,000/2 years Semyon Varlamov 53 26 24 0 3151 4 2.59 1564 0.913 $2,833,333/3 years Corey Crawford 57 30 17 0 3218 0 2.72 1507 0.903 $2,666,667/3 years

11 These figures can be found at capgeek.com.

12 Ibid note 7.

13 Ibid.

7 C. ONDREJ PAVELEC v. COMPARABLE PLAYERS

i. ONDREJ PAVELEC V TUUKA RASK ! Tuukka Rask is a 25 year old, 6’2, 165 pound goaltender for the . At the time of his platform season, Rask had 5 years of NHL experience and signed a 1 year contract for

$3.5 million in 2012.14

! Despite Rask and Pavelec both being born in 1987 and entering the NHL in 2007-08,

Rask has only played 102 games over his career as compared to Pavelec’s 187 games. However during such time, Rask has performed far better than Pavelec. Rask’s save percentage of .926 of his career is significantly better than Pavelec’s .907 which speaks to Rask’s current talent and future upside.15

! PLATFORM SEASON Player GP W L T MIN SO GAA SA SV% AAV Ondrej Pavelec 68 29 28 9 3932 4 2.91 2036 0.906 undetermined Tuuka Rask 23 11 8 3 1289 3 2.05 621 0.929 $3,500,000/1 year

! Given that Rask was a number 2 goaltender for the Boston Bruins in 2011-12, he is somewhat difficult to compare to Pavelec who is the Club’s top goalie for the 2011-12 season.

However, a comparison of their performance in the games each played reveals a dramatic qualitative difference between the players. In 2011-12, Rask bettered his career averages

finishing with an impressive 0.929 save percentage and 2.05 goals against average. These numbers reflect the production expected of a number 1 goaltender, which is likely why the

Boston Bruins secured Rask as their starter for 2012-13.16

14 This information can be found at capgeek.com, http://capgeek.com/players/display.php?id=237

15 These stats can be found at NHL.com, http://www.nhl.com/ice/player.htm?id=8471695#&navid=nhl-search; Ibid note 2

16 Ibid note 14

8 ii. ONDREJ PAVELEC V STEVE MASON ! Steve Mason is a 24 year old, 6’4, 217 pound goaltender for the .

At the time of his platform season, Mason had 4 years of NHL experience and signed a 2 year contract for $2,900,000 per year in 2011.17

! Steve Mason is another one of the NHL’s top young goaltenders. Entering the league in

2008-09, Mason won the Calder Trophy during his rookie season. Mason’s career save percentage of .903 and goals against average of 2.89 are quality numbers.18 Similar to Pavelec,

Mason’s statistics are adequate for a starting goaltender, ranking 30th among the NHL’s top goalies.19

! PLATFORM SEASON Player GP W L T MIN SO GAA SA SV% AAV Ondrej Pavelec 68 29 28 9 3932 4 2.91 2036 0.906 undetermined Steve Mason 54 24 21 7 3027 3 3.39 1541 0.894 $2,900,000/2 years

! Mason’s platform season was 2010-11. Much like 2009-10, Mason performed well, but was not extraordinary. Mason finished the season with a .901 save percentage and goals against average of 3.03 while appearing in 54 games. Comparatively, Pavelec had slightly better numbers than Mason and played in more games but that does not differentiate the two players’ performances. Pavelec and Mason are both young and talented, goaltenders who have had glimpses of brilliance but continue to be plagued by inconsistency and immaturity. Both players require continued growth and development.

17 This information can be found at capgeek.com, http://capgeek.com/players/display.php?id=622

18 These stats can be found at NHL.com, http://www.nhl.com/ice/player.htm?id=8473461#&navid=nhl-search

19 Ibid note 7.

9 iii. ONDREJ PAVELEC V SEMYON VARLAMOV

! Semyon Varlamov is a 24 year old, 6’2, 209 pound goaltender for the Colorado

Avalanche. At the time of his platform season, Varlamov had 4 years of NHL experience and signed a 3 year contract for $2,833,333 per year in 2011.20

! Another top young goaltender in the NHL, Varlamov’s path to becoming an NHL starting goalie was similar Pavelec’s journey. Entering the NHL as a 20 year old, Varlamov only played 6 games in 2008-09, then 26 in each of the next two seasons.21

! PLATFORM SEASON Player GP W L T MIN SO GAA SA SV% AAV Ondrej Pavelec 68 29 28 9 3932 4 2.91 2036 0.906 undetermined Semyon Varlamov 27 11 9 5 1560 2 2.23 759 0.924 $2,833,333/3 years

! Splitting the goaltending duties for the in 2010-11, Varlamov began to establish himself as the number 1 goalie for the hockey club. During his 27 starts, Varlamov performed well by achieving a .924 save percentage and 2.23 goals against average.22 Despite playing 41 fewer games, Varlamov’s performance in his platform year is demonstrably better than that of Pavelec.23 These statistics placed Varlamov 8th in both save percentage and goals against average among regular NHL goaltenders in 2010-11, significantly better than Pavelec’s rankings during his platform season.24

20 This information can be found at capgeek.com, http://capgeek.com/players/display.php?id=873

21 These stats can be found at NHL.com, http://www.nhl.com/ice/player.htm?id=8473575#&navid=nhl-search

22 Ibid note 20.

23 Ibid

24 Ibid note 7.

10 iv. ONDREJ PAVELEC V COREY CRAWFORD

! Corey Crawford is a 27 year old, 6’2, 208 pound goaltender for the .

At the time of his platform season, Crawford had 5 years of NHL experience and signed a 3 year contract for $2,666,667 per year in 2011.25

! Although Crawford is a few years older than Pavelec, Crawford and Pavelec have comparable NHL experience. Starting in 2005-06, Crawford only saw minimal action in his first few NHL seasons. Nonetheless, Crawford performed well with a .914 save percentage.26

! PLATFORM SEASON Player GP W L T MIN SO GAA SA SV% AAV Ondrej Pavelec 68 29 28 9 3932 4 2.91 2036 0.906 undetermined Corey Crawford 57 33 18 6 3337 4 2.30 1545 0.917 $2,666,667/3 years

! Relatively unproven before his platform season, Crawford emerged as the Chicago

Blackhawks’ number 1 goaltender when he started 57 games during 2010-11.27 During that time,

Crawford performed very well individually with a .917 save percentage and 2.30 goals against average, ranking 12th and 6th respectively among NHL starting goaltenders.28 Ranking 16th in games played among all NHL goaltenders,29 Crawford demonstrated that he could handle the demands of being a starting goalie while maintaining impressive and consistent performance.

Based upon these factors, Chicago identified Crawford to be their franchise goalie of the future and was compensated appropriately.

25 This information can be found at capgeek.com, http://capgeek.com/players/display.php?id=273

26 These stats can be found at NHL.com, http://www.nhl.com/ice/player.htm?id=8470645#&navid=nhl-search.

27 Ibid.

28 Ibid note 7.

29 Ibid.

11 III. CONCLUSION

! Upon examining the player overview, career statistics, and comparison of comparable players herein, it is evident that Ondrej Pavelec is a strong NHL goaltenders. Although Pavelec has more playing experience than most NHL goalies his age, he ranks below the majority of players with similar contracts and equal performance in most statistical categories. Except for

Steve Mason, all other comparable players have better save percentage and goals against average than Pavelec. Comparatively, Pavelec’s performance has failed to solidify himself as a bona-fide

NHL starting goalie.

! The mean AAV of such comparable players equals $2,975,000 and the age of each player averaged 24.75 years old in their platform seasons. Given the factors outlined herein, the

Winnipeg Jets Hockey Club contend that the proposed salary of $2,900,000 during the 2012-13 season is fair and equitable compensation for a player of Pavelec’s age and calibre.

!

12