IN THE MATTER OF SALARY ARBITRATION BETWEEN:

SAM GAGNER

-AND-

THE OILERS

BRIEF IN SUPPORT OF A COMPENSATION REQUEST FOR SAM GAGNER

Ottawa Team 2 TABLE OF CONTENTS

I. INTRODUCTION AND OVERVIEW

A. An Introduction to Sam Gagner ...... Page 4

i. Gagner has extensive NHL experience despite his age ...... Page 4

ii. Gagner is a consistent and productive offensive forward ...... Page 5

iii. Gagner is consistent and reliable in the face-off circle ...... Page 5

iv. Gagner is a durable player ...... Page 5

v. Gagner’s versatility is a key asset to the Oilers ...... Page 6

B. Sam Gagner’s Platform Year Summary ...... Page 7

II. COMPARABLE PLAYERS

A. Selection of Comparable Players ...... Page 7

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

C. Sam Gagner v. Comparable Players ...... Page 8

i. Sam Gagner v. Dave Bolland ...... Page 8

ii. Sam Gagner v. Jakub Voracek ...... Page 9

iii. Sam Gagner v. Drew Stafford ...... Page 10

iv. Sam Gagner v. Alexander Steen ...... Page 11

v. Sam Gagner v. Derick Brassard ...... Page 11

III. CONCLUSION

2 SALARY ARBITRATION BETWEEN SAM GAGNER AND THE

! Pursuant to Section12.9(g)(ii)-(iii) of the 2005 Collective Bargaining Agreement between the NHLPA and the NHL, Sam Gagner is a Group 2 Restricted Free Agent who requests salary arbitration to determine his compensation for the 2012-13 .1

! Sam Gagner’s compensation should be determined by his on-ice performance as measured against comparable players. Based on his performance throughout his career and in recent seasons with the Edmonton Oilers, Sam Gagner requests compensation in the amount of at least $3,250,000. This request is based on the following factors:

• Youth and Experience: At only 23 years of age, Gagner has a rare blend of youth and

experience having played in 336 games in 5 NHL seasons.

• Offense: Gagner is one of the NHL’s top young offensive forwards. Gagner has already

scored 77 goals, 143 assists, 220 points in his career.

• Face-Offs: Gagner has proven himself to be formidable face-off man, achieving a face-

off percentage of no less than 41.8, with a career high of 47.6 coming in his platform

season. Gagner took 701 face-offs in his platform season, winning 334.

• Durability: Gagner is a durable player, playing in no fewer than 68 games per season. In

five seasons, Gagner has played in 336 of 377 games.

• Utilization: In his platform season, Gagner played a total of 1,288 minutes and 42

seconds, 184 minutes and 52 seconds coming on the power play. Gagner ranks 4th among

Edmonton Oilers forwards in total ice-time.2

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

2 The above cited facts can be found at NHL.com, http://www.nhl.com/ice/player.htm?id=8474040.

3 I. INTRODUCTION AND OVERVIEW

SAM GAGNER’S NHL STATISTICS3 Season Team GP G A Pts Pts/G +/- PIM 2007-08 EDM 79 13 36 49 1.6 -21 23 2008-09 EDM 76 16 25 41 1.9 -1 51 2009-10 EDM 68 15 26 41 1.7 -8 33 2010-11 EDM 68 15 27 42 1.6 -17 37 2011-12 EDM 75 18 29 47 1.6 5 36

A. AN INTRODUCTION TO SAM GAGNER

! Sam Gagner, a London, native, is a 5’11, 195 pounds centre for the Edmonton

Oilers. Born on August 10, 1989, Gagner is 23 years old. In 2007, at age 17, Gagner was drafted in the first round (6th overall) by the Edmonton Oilers. Gagner, having played centre for the

Oilers since 2007, is entering his 6th NHL season in 2012-13.4

i. GAGNER HAS EXTENSIVE NHL EXPERIENCE DESPITE HIS AGE

! Gagner has played for the Edmonton Oilers since his inaugural season in 2007. Gagner entered the league at age 17 and has played at least 68 games in every season. At the tender age of 23, Gagner has played in 336 NHL games. Very few NHL players who are Gagner’s age have comparable NHL experience. Given Gagner’s youth and experience, the Oilers can still develop and refine his skills and can get many years of productivity out of him. Ostensibly, Gagner’s best years are yet to come. Gagner’s youth and experience also make him relatable to the Oilers’ young players. Sixteen forwards on the Oilers’ active roster are 23 years of age or younger.5

Gagner is a leader to these young players, including Taylor Hall, Jordan Eberele, Ryan Nuggent-

Hopkins, Nail Yakupov.

3 NHL.com, http://www.nhl.com/ice/player.htm?id=8474040.

4 Ibid.

5 Ibid.

4 ii. GAGNER IS A CONSISTENT AND PRODUCTIVE OFFENSIVE FORWARD

! As Arbitartor Wittenberg wrote in the Jason Arnott and the arbitration decision, “Forwards are paid for scoring”.6 Throughout his five NHL seasons, Gagner has proved himself to be a consistent and offensively productive forward. Gagner’s offensive abilities are evidenced in his career offensive statistics. Gagner has scored 77 goals, 143 assists and 220 points. Gagner has consistently scored between 13 and 18 goals each season, with his career high of 18 goals coming in his platform season. Further, in his platform season, Gagner ranked 38th in goals, 36th in assists, 38th in points among NHL centres.7

iii. GAGNER IS CONSISTENT AND RELIABLE IN THE FACE-OFF CIRCLE

! Face-off performance is central to an analysis of an NHL center’s value to his respective team. A player’s effectiveness in the face-off circle is of crucial importance to his team’s success, as a team’s ability to win face-offs dictates the team’s ability to control the puck and the pace of play. Face-off performance is equally important in the defensive zone. Winning defensive zone face-offs minimize the opposition’s scoring chances and ability to organize breakouts. At only

23 years of age, Gagner has already established himself as a reliable face-offs man for the Oilers.

Gagner has demonstrated consistency taking draws, posting a face-off percentage above 40 in all

5 years of his NHL seasons. Gagner posted a career high face-off percentage of 47.6 in his platform season.8

iv. GAGNER IS A DURABLE PLAYER

! As Arbitrator Foisy stated in Pavel Demitra and the St. Louis Blues arbitration decision,

“Before dealing with the comparables, I would like to make the following comments in relation

6 Jason Arnott and the Dallas Stars, Wittenberg, Arb., August 4, 2002 at p. 15.

7 Ibid note 3.

8 Ibid.

5 to the player’s durability. Arbitrators have generally given credit to players who play a large percentage of games season after season”.9 Over the past five seasons, Gagner has proven his durability by playing in at least 68 games per season, including 75 in his platform season and a career high of 79. In an 82 game schedule, Gagner’s minimum participation rate is 83% (91% in the platform season and 96% in his career high season).10

v. GAGNER’S VERSATILITY IS KEY ASSET TO THE OILERS

! NHL teams rely heavily on their key players to log substantial ice-time and produce in key situations. As one of the keystone pieces of the Edmonton Oilers hockey club, Sam Gagner has traditionally shouldered a large share of the teams’ minutes as evidenced by him ranking in the top 4 of all Oiler forwards in Total Ice Time in 4 of his 5 NHL seasons, as well as a top 5 ranking in the 2010-2011 campaign. In addition to compiling a substantial amount of total ice time, Gagner is counted on to play crucial minutes on the power play where he has been in the top 4 of all Oilers players in power play ice-time every season since entering the league.11

B. SAM GAGNER: PLATFORM YEAR SUMMARY

! SAM GAGNER RANKINGS AMONG EDMONTON OILERS 12 2011-12 GP G A Pts PP S FO% Total/Average 75 18 29 47 6 149 47.6 Rank 7th 4th 3rd 4th 3th 4th 3rd

! Gagner has consistently ranked at the top of nearly every major offensive statistical category on the Edmonton Oilers. Gagner also ranks 9th in scoring on the list of all-time

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

10 NHL.com, http://www.nhl.com/ice/player.htm?id=8474040.

11 Ibid.

12 Ibid.

6 Edmonton Oilers topped by hall of fame players , Mark Messier, and Jarrui Kurri.

Gagner is an asset to the Oilers and a proven top centre. 13

II. COMPARABLE PLAYERS

a. SELECTION OF COMPARABLE PLAYERS

A critical stage in in arbitration process is determining comparable players based on objective statistical data. Throughout 336 games, Gagner has scored goals, assists, points, while recording

PIMs and averaged minutes of ice-time. At only 23 years of age, Gagner has 5 years of NHL experience. Comparable forwards to Gagner are not only similar in age and NHL experience during their respective platform seasons but have also achieved comparable offensive statistics.14

b. COMPARISON OF COMPARABLE PLAYERS

! CONTRACTUAL BACKGROUND15 Player Age Team Date Signed Platform Year New Contract AAV Sam Gagner 23 EDM Unknown $1,300,000 Unknown Unknown Derick Brassard 24 CLB July 2011 $1,246,667 $2,800,000 $3,200,000 Alexander Steen 24 COL July 2010 $1,700,000 $2,750,000 $3,362,500 David Bolland 27 CHI July 2009 $887,500 $3,375,000 $3,375,000 Jakub Voracek 23 PHI July 2012 $2,250,000 $3,500,000 $4,250,000 Drew Stafford 26 BUF July 2011 $2,300,000 $4,000,000 $4,000,000

! PLATFORM YEAR STATISTICS16 Player Team GP G A Pts +/- AAV Sam Gagner EDM 75 18 29 47 +5 Unknown Derick Brassard COL 79 9 27 36 -17 $3,200,000/4 years Alexander Steen STL 68 24 23 47 +6 $3,362,500/4 years David Bolland CHI 81 19 28 47 +19 $3,375,000/5 years Jakub Voracek PHI 78 18 31 49 +11 $4,250,000/ 4 years Drew Stafford BUF 62 31 21 52 +13 $4,000,000/4 years

13 NHL.com, http://oilers.nhl.com/club/teamstatsleaders.htm.

14 NHL.com, http://www.nhl.com/ice/player.htm?id=8474040.

15 Ibid.

16 Ibid.

7 c. SAM GAGNER v. COMPARABLE PLAYERS

i. SAM GAGNER v. DAVE BOLLAND

! Dave Bolland is a 26 year old, 6’0, 184 pound centre for the .

Bolland signed a 5 year contract for $ 3,375,000 per year at age 23.17

! PLATFORM YEAR18 Player GP G A P +/- PIM PP SH GW OT TOI/G FO% Sam Gagner 75 18 29 47 +5 36 6 0 0 0 17:10 47.6 Dave Bolland 81 19 28 47 +19 52 2 2 4 1 16:27 44.4

• NHL Experience: Gagner has considerably more NHL experience than Bolland (366 v.

121). In the past five seasons, Gagner has played in at least 68 games in each season.

Bolland has played in 68+ games in only one season.

• Durability: Bolland has played in less than one-third (1/3) of the number of NHL games

as Gagner (121/336).

• Offence: Gagner has a higher offensive productivity rate compared to Bolland, earning

the same amount of points in 6 less games.

• Face-offs: Gagner has a higher face-off percentage than Bolland, at 47.6% compared to

Bolland’s 44.4%. 19

ii. SAM GAGNER v. JAKUB VORACEK

! Jakub Voracek is a 23 year old, 6’2, 214 pound centre for the .

Voracek signed at 4 year contract for an average of $4,250, 000 at age 23. 20

17 NHL.com, http://www.nhl.com/ice/player.htm?id=8471245.

18 Ibid note 14.

19 The above cited facts can be found at NHL.com, http://www.nhl.com/ice/player.htm?id=8471245.

20 Ibid.

8 ! PLATFORM YEAR21 Player GP G A P +/- PIM PP SH GW OT TOI/G FO% Sam Gagner 75 18 29 47 +5 36 6 0 0 0 17:10 47.6 Jakub Voracek 78 18 31 49 +11 32 0 0 2 0 16:17 30.4

• NHL Experience: Gagner and Voracek are the most comparable players in term of NHL

experience for their age. Both born in August 1989, Gagner and Voracek were both 17

years old when they were drafted into the NHL. Gagner was drafted 6th in the first round

by the Edmonton Oilers while Voracek was drafted 7th in the first round by the Columbu

Blue Jackets. To date, Gagner has played 17 more games than Voracek since their

inaugural season (336 v. 319). 22

• Offence: Gagner and Voracek have very comparable offensive statistics. In three less

games, Gagner scored the same number of goals as Voracek and only two fewer assists.

However, Gagner registered 6 powerplay goals to Voracek’s 0. For a comparable and in

some ways inferior output, Voracek garnered an average annual salary of 4.25 million. 23

• Face-offs: Gagner has a higher face-off percentage than Voracek, at 47.6% as compared

to Voracek’s 30.4%.24

iii. SAM GAGNER v. DREW STAFFORD

! Drew Stafford is a 26 year old, 6’2, 214 pound right winger for the .

Stafford signed a 4 year contract for an average of $4,000,000 at 25. 25

21 Ibid note 14.

22 Ibid note 15.

23 Ibid.

24 Ibid.

25 NHL.com, http://www.nhl.com/ice/player.htm?id=8471226.

9 ! PLATFORM YEAR26 Player GP G A P +/- PIM PP SH GW OT TOI/G FO% Sam Gagner 75 18 29 47 +5 36 6 0 0 0 17:10 47.6 Drew Stafford 62 31 21 52 +13 34 11 0 4 2 16:32 30.4

• Face-offs: Gagner is considerably better than Stafford in the face-off circle. In his

platform season, Gagner took 701 face-offs, winning 334. Comparatively, Stafford took

only 56 total face-offs, winning only 17. Prowess in the faceoff circle is an added

dimension to Gagner’s skillset. 27

• Offense: Although Gagner and Stafford have a comparable total in their platform

seasons (47 to 52), Stafford has admittedly scored more goals than Gagner. Having

earned those points in fewer games, Stafford was slightly more offensively proficient than

Gagner is his platform season. Stafford earns $4 million per year. Gagner’s salary request

of no less than $3.25 million more than accounts for the minor disparities between

Stafford and Gagner’s offensive productivity. 28

iv. SAM GAGNER v. ALEXANDER STEEN

! Alexander Steen is a 28 year old, 6’1, 206 pound left winger for the St. Louis Blues.

Steen signed at 4 year contract for an average of $3,362,500 at age 26. 29

! PLATFORM SEASON30 Player GP G A P +/- PIM PP SH GW OT TOI/G FO% Sam Gagner 75 18 29 47 +5 36 6 0 0 0 17:10 47.6 Alexander Steen 68 24 23 47 +6 30 7 2 4 0 16:16 41.1

26 Ibid note 15.

27 NHL.com, http://www.nhl.com/ice/player.htm?id=8474040.

28 Ibid.

29 NHL.com, http://www.nhl.com/ice/player.htm?id=8470257.

30 Ibid note 15.

10 • NHL Experience: Despite their age difference, Gagner and Steen have comparable NHL

experience; both players having 5 years of NHL experience. Steen has played in 382

games as compared to Gagner’s 336.

• Offense: Gagner and Steen have comparable offensive statistics. In his career to the

platform year, Steen scored 80 goals, 117 assists, and 197 points. Gagner has scored 77

goals, 143 assists and 220 points. Gagner is more offensively productive, having earned

more points in 46 fewer games. Steen earns $3,362,500 per year, comparable to Gagner’s

request for no less than $3.25 million.

• Face-offs: Gagner is far superior to Stoll in the face-off circle. In his platform season,

Steen took 73 face-offs, winning 30. Comparatively, in his platform season, Gagner took

701 face-offs, winning 334. 31

v. SAM GAGNER v. DERICK BRASSARD

! Derick Brassard is a 24 year old, 6’1, 202 pound centre for the .

Brassard signed a 4 year contract with an average annual value of $3,200,000 million at age 23.32

! PLATFORM SEASON33 Player GP G A P +/- PIM PP SH GW OT TOI/G FO% Sam Gagner 75 18 29 47 +5 36 6 0 0 0 17:10 47.6 Derick Brassard 79 9 27 36 -17 48 4 0 0 0 14:56 41.8%

• NHL Experience: Gagner has more NHL experience than Brassard (5 years v. 3 years).

In their respective careers to the platform seasons, Brassard played only 127 games

compared to Gagner’s 336.

31 Ibid.

32 NHL.com, http://www.nhl.com/ice/player.htm?id=8473544.

33 Ibid note 15.

11 • Offense: Gagner is a far superior offensive player to Brassard, scoring double the

amount of goals and earning 11 more points in their respective platform years.

• Face-offs: Gagner is far superior to Brassard in the face-off circle. In his platform season,

Brassard took 503 face-offs, winning 210. Comparatively, in his platform season, Gagner

took 701 face-offs, winning 334.

• Utilization: Gagner was used more than Brassard. On average, Gagner plays 2:14 more

minutes per game. In his platform season, Brassard had total ice time of 1,180:25 as

compared to Gagner’s 1,288:42 in 4 less games.34

III. CONCLUSION

! Gagner has consistently proven himself to be an offensive talent and an asset to the

Oilers. Gagner’s statistics are comparable to Stoll, Steen, Bolland, Weiss, Voracek and Stafford and establish his worth as at least $3.25 million. Brassard is the only comparable making less at

$3.2 million. Based on the statistical comparisons, it is clear that Gagner should be compensated well ahead of Brassard. Based on the comparables, Gagner’s compensation request of no less than $3.25 million for the 2012-13 season is extremely fair and reasonable.

34 Ibid.

12