IN THE MATTER OF SALARY ARBITRATION BETWEEN: LARS FOSGAARD ELLER. - and - THE MONTREAL CANADIENS BRIEF OF LARS FOSGAARD ELLER TEAM 19

Transcription

1 IN THE MATTER OF SALARY ARBITRATION BETWEEN: LARS FOSGAARD ELLER - and - THE MONTREAL CANADIENS BRIEF OF LARS FOSGAARD ELLER TEAM 19

2 TABLE OF CONTENTS SUMMARY:...1 I) The overall performance, including National Hockey League official statistics (both offensive and defensive), of the Player in the previous season or seasons: II) The number of games played by the Player, his injuries or illnesses during the preceding seasons:...3 III) The length of service of the Player in the League and/or with the Club:...4 IV) The overall contribution of the Player to the competitive success or failure of his Club in the preceding:...4 V) The overall performance and compensation in the previous season or seasons of any Player(s) who is alleged to be comparable to the party Player whose salary is in dispute:...5 Brandon Sutter - Pittsburgh Penguins...6 Cody Hodgson - Buffalo Sabres:...6 CONCLUSION:...7

3 Page 1 SUMMARY: 1 Agreement. This brief is being submitted pursuant to s of the NHL Collective Bargaining In his four full seasons in the NHL, primarily playing for the Canadiens, Mr. Eller has steadily progressed towards becoming an elite-level, two-way power forward. His offensive production has constantly improved, culminating last year when, even as a third-line centre, he was the best offensive forward for the Canadiens as they went deep into their playoff run. Although his regular season numbers last year were an aberration to this trend, his playoff performance proved that this was an anomaly, and that he is poised to continue to develop into a player integral to a team with the potential to become a Stanley Cup winner. Among comparable players, his statistics put him in the salary range of $3.5 to $4.25 million per annum. It is submitted that, within this range, his worth is at least $3.75 million per annum. I) The overall performance, including National Hockey League official statistics (both offensive and defensive), of the Player in the previous season or seasons: Mr. Eller has demonstrated the type of progression that should be expected from an eventual elite-level centre, and it is submitted that he should be remunerated accordingly. As Table B, infra, demonstrates, but for one aberration, he has improved from year-to-year in a manner which makes him a player who will become part of the nucleus of a team which will continue to contend far into the playoffs for the foreseeable future, and which can reasonably expect to become a championship team. For the past 4 seasons, Mr. Eller has consistently played in the range of 15 to 16 minutes per game. Despite this, his points per game average has demonstrated an upward trend. His plus/minus average has also followed a positive trend. He regularly kills penalties and is used on the power 1

4 Page 2 play. Mr. Eller has demonstrated that he is a physical, two way player; a power forward who is scoring points, shutting downs opposing teams star players and, as such, will be an indispensable part of the Canadiens future success. Mr. Eller went through an uncharacteristic dry spell during the latter part of last years regular season. When looking at the overall record of point production a strong argument exists that was an anomaly and not an indicator of Mr. Eller s ability. He proved to be a reliable scorer when faced with the high pressure of the playoffs when it actually becomes more difficult to score, as we will see when we look at his playoff performance. 2 During October and November, 2013, he accumulated 7 goals and 8 assists in 27 games. This would have put him on pace, over a full season, to score 21 goals and 24 assists, or a 0.54 point per game average. These numbers would have been relatively consistent with the upwards trend that Mr. Eller has demonstrated. This is significant as during September/October, Mr. Eller was playing on a line with the teammates with whom he had accumulated the majority of his points/statistics during the prior season. After November, he played with a rotating cast of wingers. One could theorize that this rotating line-up combined with his young age might have played a role in Mr. Eller s struggles. Mr. Eller scored 5 goals and 8 assists in 17 playoff games. He was second in team points to 3 P.K. Subban (who had 14 points) and was second in team playoff goals to Rene Bourque. This impressive playoff offensive production demonstrates that the late regular season slump was, in fact, an aberration; and that Mr. Eller is continuing to develop into an elite-level team leader. The lockout shortened season in 2012/13 showed a glimpse of the high ceiling that Mr. Eller has, as he accumulated points at a.65pts/game clip while only getting 14:49 of ice time/game and

5 Page 3 only 0:42 of power play time/game, all as a young pro. His value as a big strong centre in the playoffs shone through in the 2013/14 playoffs where he scored at a 0.76pts/game clip while logging only 0:28 of power play time/game. Also notable was his increase in ice time to 16:27 per game as the coach had confidence in him in playoff time. II) The number of games played by the Player, his injuries or illnesses during the preceding seasons: In his first season in the NHL, his start was delayed by a bout of mononucleosis. He missed the pre-season and was assigned his team s AHL affiliate. The St. Louis Blues called him up on November 5, He has had no further problems in this regard. He has had the following injuries/illnesses: 1. On October 5, 2011, he had surgery on his right shoulder. He missed two games as a result; 2. During the 2012/13 playoffs, Mr. Eller suffered a concussion (as well as facial and dental fractures) in Game 1 of the Canadiens= series against the Ottawa Senators. He did not return 4 for the remaining 4 games of that series. He did not miss any further time due to these injuries (nor has he demonstrated any further concussion symptoms). Obviously, the concussion has successfully resolved; 3. On March 24, 2014, he suffered a new injury which caused him to miss one game; and He missed 3 the last three regular season games of 2013/14 due to a flu virus. Obviously, mononucleosis is a condition that is randomly acquired as the result of being in proximity to a carrier, and it is not indicative of any predisposition a player may have to illness. While a concussion can be a recurring condition in the event that the proper time is not allowed for recovery, Mr. Eller had the off-season to recover, and he has subsequently demonstrated no

6 Page 4 continuing symptoms from this injury. On the contrary, he has, at various points since this injury, 7 led the Canadiens in hits and penalty minutes. Mr. Eller s 6'2", 215 pounds reflects his efficacy as a power forward, who plays a physical game. If either: the lingering effects of his concussion, or a pre-disposition to suffer from such an injury, were a problem for him that certainly would have made itself evident by now. It has not. While every NHL player will suffer the occasional symptoms of flu or other contagious sickness, Mr. Eller has not demonstrated any predisposition towards suffering more than average from such conditions. III) The length of service of the Player in the League and/or with the Club: Mr. Eller has played 4 full seasons with the Canadiens. He has been a third line centre for the majority of that time. He previously played 7 regular season games with the St. Louis Blues IV) The overall contribution of the Player to the competitive success or failure of his Club in the preceding: To some extent, this section mirrors Section I, supra. As Table B, infra, demonstrates, Mr. Eller came into his own in the 2012/13 season. While he suffered a scoring slump during the past season, he was entrusted with important responsibilities like killing penalties, which he did for th 1:24/game on a team with the 4 best penalty kill in the league. As we have alluded to earlier, his playoff performance last season demonstrated that when it mattered, he was the type of player who could lead his team to playoff success as both a point producer and physical centre looking after his defensive responsibilities. During the 2012/13 season, while playing as a third line centre, Mr. Eller had only 3 points 8 fewer than Thomas Plekanec, the Canadiens first-line centre. This despite the fact that Mr. 7 Ibid. 8

7 Page 5 Plekanec played and average of 19:12 minutes per games, as compared to Mr. Eller s 14:49 minutes. 9 As well, in last year s playoffs, Mr. Eller had more points than any other forward, and was second only to P.K. Subban in overall points. While all offensive production is relevant, producing under pressure in the payoffs, deep into a successful playoff run, is particularly telling of a player s talent and character, and is a testament to his contribution to the team s success. V) The overall performance and compensation in the previous season or seasons of any Player(s) who is alleged to be comparable to the party Player whose salary is in dispute: Mr. Eller was drafted in the first round in He is currently 25 years old and signed his first contract in Table A, infra, lists two players who are in a similarly situate: 1. Brandon Sutter; and 2. Cody Hodgson. st Both were 1 round draft picks, drafted as centres, one in the same year as Mr. Eller, one the year after. One is the same age, one a year younger. Mr. Sutter has played significantly more games than Mr. Eller, Mr. Hodgson is within the same range as Mr. Eller. Mr. Eller is at the lower end of the range of equal strength ice time and power play ice time of this group, and is the mid-range of penalty killing ice time. But for his late-season slump last season, Mr. Eller s offensive production would put him in the upper end of this salary range of these players. Brandon Sutter - Pittsburgh Penguins: Mr. Sutter has played in a similar third line centre roll to Mr. Eller. He was drafted the same year, at the same age, as Mr. Eller. Both have comparable ice time and time on the power play, and 9

8 Page 6 10 both are penalty killers. Mr. Sutter has a career point production average of 0.37pts/game compared to Mr. Eller at 0.36pts/game. Playoff point production sees Mr. Sutter s career production at 0.36, which mirrors his regular season output. Mr. Eller on the other hand excels in the playoffs where his production has shot up to 0.60pts/game including his fantastic break out performance in last seasons deep run into the third round of the playoffs where he scored 0.76pts/game over 17 games. While Mr. Sutter is listed at 6'3" he is only 195 lbs. while Mr. Eller is 1 inch shorter, but a full 20 lbs. heavier. Mr. Eller uses his impressive size as he body checks at a rate of 1.69/game compared to the slighter Brandon Sutter who hits at a rate half that at 0.85 hits/game. Mr. Sutter s salary is $3.3 million per annum. Mr. Eller has exhibited superior physical play and has significantly outperformed Mr. Sutter in the playoffs. Mr. Sutter s $3.3 million dollar average salary supports the $3.75 million salary for Mr. Eller. Cody Hodgson - Buffalo Sabres: Mr. Hodgson was drafted the year after Mr. Eller, and is a year younger. He has scored at a superior rate than Mr. Eller averaging 0.57 pts/game. It is important to point out however that he has played primarily on a very weak Buffalo Sabres team that affords him a greater amount of ice time, 18:08 vs. 15:57 for Eller, with almost three times the power play time of 3:08 vs. 1:06 for Eller. Mr. Hodgson is listed at 6'0" and 192lbs and he is primarily an offensive centre. He plays th only 0:28/game on the penalty kill of the 20 ranked team on the PK in the NHL compared to the 6'2" Eller who averages three times the amount of penalty kill time at 1:24/game on the leagues 4 th best penalty kill. Mr. Hodgson only had 47 body checks the entire season for an average of 10 Table A, infra.

9 Page /game compared to 1.69 for Mr. Eller. 11 Unlike Mr. Eller, Cody Hodgson has played primarily on non-playoff teams. He did play in one playoff run with Vancouver in 2010/11 and was ineffective scoring only a single point in 12 games and was a minus 4. In his defence, he was a young player back then, but it is a fact that he is at best an unproven playoff performer, while Mr. Eller is a valuable proven playoff performer who has helped his team greatly in the playoffs. 12 Cody Hodgson is earning an annual salary of $4.25 million per season. As an offensive player his point production at this stage of his career is higher than Mr. Eller, but he is a one dimensional player afforded three times the amount of power play time and 2:11/game extra time playing a larger offensive role on a very weak last place Buffalo team while Mr. Eller plays a tougher, defensively responsible roll, including killing penalties on the team that went to the Eastern Conference final last year. This comparison justifies Mr. Eller at a $3.75 million salary. CONCLUSION: Mr. Eller is a rugged, physically imposing and well-rounded two-way centre anchoring the third line on an Eastern Conference finalist. He has shown a high ceiling as a point producer in the regular season, and has proven he has the ability to raise his game during the rigors and pressure of the Stanley Cup playoffs. Second on the team in scoring while maintaining his important defensive responsibilities during the Canadiens impressive playoff run in the 2013/14 season cemented him as an important fixture for the team moving forward. When stacked up against comparable players, the overall strength of his game justifies the suggested salary of $3.75 million per annum Ibid.

10 Table A: Comparable Players Draft Age st 1 K G/P G A P PP/ G TOI/ G TOI/ pp Ice /sh Sal. Sutter, Brandon /415 13/77 13/75 26/ :46 1:05 2:18 $3.3 million 2 years, signed 2014/15 Eller, Lars /286 12/45 14/58 26/ :57 1:06 1:24 Hodgson, Cody /211 20/55 24/66 44/ :08 3:08 0:28 $4.25 million 6 years, signed 2013/14 Table B: Selected Statistic for Lars Eller: 2012/ /14 Year GP Goals Assists Points PP/G +/- PIM PPG SH TOI/G TOI/pp TOI/sh 2010/ :08 0:17 0: / : / :49 0:42 1: / :57 1:06 1: /14 p/o :27 0:28 1:15