The fate of Lubomir Visnovsky is now in the hands of a man named George Nicolau.
That is the arbitrator in the case Visnovsky and the Players Association has made against the league to block his trade from the Ducks to the Islanders. The hearing was held on Tuesday, and there is an expected ruling by Nicolau before Sept. 15, the date the current Collective Bargaining Agreement expires.
“The argument from both sides is the same,” Visnovsky’s agent, Neil Sheehy, told The Post on Wednesday. “The argument from the league was that the CBA is very clear, and the case for the NHLPA is that the CBA is very clear.”
The confusion arises in the interpretation of how a player’s no-trade clause can change under certain circumstances. According to the CBA Sec. 11.8:
“If the Player is Traded or claimed on Waivers prior to the no-Trade or no-move clause taking effect, the clause does not bind the acquiring Club. An acquiring Club may agree to continue to be bound by the no-Trade or no-move clause, which agreement shall be evidenced in writing to the Player, Central Registry and the NHLPA, in accordance with Exhibit 3 hereof.”
Sheehy says that Visnovsky was never approached by Ducks general manager Bob Murray before Murray traded him to the Islanders on draft day for second-round pick in 2013. What is in question is if his no-trade clause was still in effect after he was traded from the Oilers to the Ducks in 2010. If he waived the clause, it would be up to the Ducks to pick it up. Whether the Ducks did or didn’t adopt the clause, it seems the player sould have been notified, either way.
“To me, it’s really 50/50,” said Sheehy, who was a witness at the hearing. “It’s something that has to be interpreted.”
Visnovsky is said to be taking this process step-by-step and is fully prepared – in fact, embracing – the Islanders if that’s where he ends up. If the PA and Visnovsky win the case and he goes back to Anaheim, where he feels he was betrayed, odds are he would end up forcing a trade to a team he approved – which could, in theory, again be the Islanders.
Visnovsky, 36, and his $5.6 million salary cap hit (with a $3 million salary) is key in getting the Islanders to the current salary cap floor.