Sam Gagner V
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HOCKEY ARBITRATION COMPETITION of CANADA ________________________________________________________________________ SAM GAGNER V. EDMONTON OILERS ________________________________________________________________________ ARBITRATION BRIEF FOR EDMONTON OILERS TEAM 16 1 TABLE OF CONTENTS I. Introduction .……………………………………………………………………………1 II. Career Contribution and Salary ….…………………………………………………….2 IV. Comparables….……………………………………………………………………….3 VII. Conclusion …………………………………………………………………………..7 2 I. INTRODUCTION This brief is submitted by the Edmonton Oilers (“Club”) in support of their offer to Sam Gagner (“Gagner”). The Club will examine relevant factors to Gagner, a second-line centre within the organization. Pursuant to the National Hockey League (“NHL”) Collective Bargaining Agreement (“CBA”), specifically Article 12 Salary Arbitration, the arbitration panel shall determine the appropriate salary for Gagner’s upcoming 2012- 2013 NHL season Gagner is seeking a minimum contract of $3.2 million, while the Club is offering a contract of $3 million. The Club respectfully submits this brief to demonstrate Gagner’s salary should not exceed the Club’s maximum offer. Article 12 subsection (g) paragraph (ii) of the CBA, provides an arbitration the following allowable evidence: (1) the overall performance, including official statistics of Sam Gagner in previous season or seasons, (2) The number of games played by Sam Gagner, any injuries or illness during the preceding seasons, (3) Length of service with the Club, (4) overall contribution of Sam Gagner to the competitive success or failure of the Club in preceding seasons, (5) any special qualities of leadership or public appeal not inconsistent with the fulfillment of Sam Gagner’s responsibilities as a player member of the Club, (6) The overall performance in the previous seasons of any Player(s) who is alleged to be comparable to Sam Gagner, and (7) the compensation of any Player(s) who is alleged to be comparable to Sam Gagner; provided, however, that in applying this or any of the above subparagraphs, the Salary Arbitrator shall not consider a Player(s) to be comparable to Sam Ganger unless a party to the arbitration has contended that the Player(s) is comparable; nor shall the Salary Arbitrator consider the compensation or 3 performance of a Player(s) unless a party to the arbitration contended that the Player(s) is comparable.1 However, the panel shall not consider any categories of evidence pursuant to subsection (g) paragraph (iii).2 II. CAREER CONTRIBUTION AND SALARY Table 1: Sam Gagner Career NHL Statistics3 SEASON TEAM GP G A P +/- PIM PPG SHG GWG S S% 2007-2008 OILERS 79 13 36 49 -21 23 4 0 1 135 9.6 2008-2009 OILERS 76 16 25 41 -1 51 6 0 1 156 10.3 2009-2010 OILERS 68 15 26 41 -8 33 6 0 1 170 8.8 2010-2011 OILERS 68 15 27 42 -17 37 3 1 2 138 10.9 2011-2012 OILERS 75 18 29 47 5 36 6 0 0 149 12.1 NHL TOTALS 366 77 143 220 -42 180 25 1 5 748 10.3 Sam Gagner was drafted 6th overall by the Edmonton Oilers in the 2007 NHL Entry Draft (Draft). The Club acknowledges Gagner’s talent as a true second-line centre with impressive play-making skills. However, Gagner’s maturity as a player within the organization has been stagnant. His total points have, in most respects, declined since his ‘07-‘08 rookie season.4 In addition to his stagnant performance, his ice time has increased over the majority of his career. Only in the 2010-2011 season has his ice-time decreased, while still maintaining second highest in his career.6 In his ‘07-‘08 rookie season, Gagner’s time on ice per game (“TOI/G”) was 15:40. Gagner’s ice-time reached its peak in the ’10-’11 season, amassing 1 National Hockey League, Collective Bargaining Agreement 2005. http://www.nhlpa.com/docs/about- us/nhl_nhlpa_2005_cba.pdf 2 Ibid. 3 Edmonton Oilers, “http://oilers.nhl.com/club/player.htm?id=8474040” 4 Supra, Table 1 6 ESPN player profile: Sam Gagner http://espn.go.com/nhl/player/stats/_/id/3808/sam-gagner 4 17:45 per game. As noted above, his ice time has fallen in the most recent season, but still amounted to 17:11.7 While Gagner has maintained a level of play worthy of his second line position, a salary in excess of $3 million would overcompensate a player who has not progressed in his career during his five years in the NHL. The Club submits that Gagner’s salary should not exceed $3 million. III. COMPARABLES In selecting players comparable to Gagner, the Club first tried to identify all players of similar age and experience. Pursuant to the HACC guidelines, comparable players must have been arbitration eligible either during the 2011 or 2012 off-season.8 Three players with similar statistics are compared below. Table 2: Comparable Players and Salaries9 Blake Wheeler (YOB 1986): Arbitration: 2010-2011 Salary: $5.1 million over 2 years SEASON TEAM GP G A P +/- PIM PPG SHG GWG S S% 2008-2009 BRUINS 81 21 24 45 36 46 3 2 3 150 14.0 2009-2010 BRUINS 82 18 20 38 -4 53 3 1 2 159 11.3 2010-2011 BRUINS 58 11 16 27 8 32 0 0 2 101 10.9 2010-2011 THRASHERS 23 7 10 17 2 14 0 0 0 78 9.0 2011-2012 JETS 80 17 47 64 3 55 6 0 3 208 8.2 NHL TOTALS 324 74 117 191 45 200 12 3 10 696 10.6 Teddy Purcell (YOB 1985) : Arbitration: 2010-2011 Salary: $4.725 million over 2 years SEASON TEAM GP G A P +/- PIM PPG SHG GWG S S% 2007-2008 KINGS 10 1 2 3 2 0 0 0 0 10 10.0 7 espn.com 8 2012 HACC: http://www.law.utoronto.ca/sites/default/files/users/rossi/Cases- Players%20and%20Assignments%20%282%29.pdf 9 Nhl.com player statistics 5 SEASON TEAM GP G A P +/- PIM PPG SHG GWG S S% 2008-2009 KINGS 40 4 12 16 -4 4 2 0 1 68 5.9 2009-2010 KINGS 41 3 3 6 -1 4 1 0 1 55 5.5 2009-2010 LIGHTNING 19 3 6 9 -8 6 1 0 0 46 6.5 2010-2011 LIGHTNING 81 17 34 51 5 10 3 0 1 196 8.7 2011-2012 LIGHTNING 81 24 41 65 9 16 8 0 3 152 15.8 NHL TOTALS 272 52 98 150 3 40 15 0 6 527 9.9 Sergei Kostitsyn (YOB 1987): Arbitration: 2011-2012 Salary: $3 million over 2 years SEASON TEAM GP G A P +/- PIM PPG SHG GWG S S% 2007-2008 CANADIENS 52 9 18 27 9 51 3 1 0 49 18.4 2008-2009 CANADIENS 56 8 15 23 -3 64 5 0 1 74 10.8 2009-2010 CANADIENS 47 7 11 18 4 8 0 0 2 59 11.9 2010-2011 PREDATORS 77 23 27 50 10 20 4 1 2 93 24.7 2011-2012 PREDATORS 75 17 26 43 8 34 1 1 3 97 17.5 NHL TOTALS 307 64 97 161 28 177 13 3 8 372 17.2 Exhibit A: Blake Wheeler Firstly, the Club wishes to consider Blake Wheeler (Wheeler). Throughout Wheeler’s NHL career, he has amassed a comparable points total to Gagner. Wheeler signed a two-year deal worth an average $2.55 million per season.10 1. Career Comparison11 Player GP G A P PPG PIM MPG Wheeler 324 74 117 191 12 200 16.19* Gagner 366 77 143 220 25 180 16.52 * Wheeler was traded from Winnipeg to Boston. The minutes per game (MPG), for that season (’10-’11) represent the average with the two teams. 10 http://www.mynhltraderumors.com/2011/07/06/2011-nhl-salary-arbitration-list/ (NHL Trade Rumors) 11 Supra, Table 2 6 Gagner has played one more season, and 42 more games, than wheeler.12 The qualitative statistics between the two players are similar, with only noticeable differences in assists and power-play goals. 2. Platform Year Comparison13 Player GP G A P PPG PIM MPG Wheeler 81 18 26 44 0 46 17.22* Gagner 75 18 29 47 6 36 17:11 Wheeler was eligible for arbitration during his ’10-’11 season14, while Gagner is eligible during the ’11-’12 season.15 As with the Career Comparison, both Wheeler and Gagner are significantly comparable, with only a marginal advantage to Gagner on assists and power-play goals. 3. Summary Wheeler is almost precisely comparable Gagner. Although Wheeler has played fewer games, the differences between the qualitative statistics are insignificant. Wheeler’s contract of $5.1 million over two years (average $2.55 a year)16 is well below the Clubs maximum offer. Exhibit B: Teddy Purcell In the 2010-2011 season Purcell, a forward with the Tampa Bay Lightning, generated a total of 51 points (17 goals, 34 assists)17, compared to Gagner’s 47 points.18 12 Ibid. 13 Ibid. 14 http://www.mynhltraderumors.com/2011/07/06/2011-nhl-salary-arbitration-list/ 15 http://www.tsn.ca/nhl/feature/?id=46931 16 Supra, NHL Trade Rumors 17 Supra, Table 2 18 Ibid. 7 In his arbitration eligibility year (’10-’11), Purcell avoided arbitration and signed a 2-year contract worth on average $2.36 million a season. 19 1. Platform Year Comparison20 Player GP G A P PPG PIM MPG Gagner 75 18 29 47 6 36 17:11 Purcell 81 17 37 51 3 10 14:06 In their Platform seasons, Purcell holds a modest advantage is assist, points and games played.