Ray sues players’ union for post-lockout payout
by John Vogl -- News Sports Reporter
Updated: 05/09/08 9:47 AM
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- Rob Ray sues union for the second time.
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Rob Ray has dropped the gloves once again, this time for a second legal bout with the NHL Players’ Association.
The longtime Buffalo Sabres enforcer has filed suit in New York State Supreme Court in an attempt to secure payment from the union’s lockout funds from the canceled 2004-05 season. Ray is seeking part of the NHLPA’s lump payment distributed to players, according to court documents obtained by The Buffalo News. Ray also is asking for $1 million in punitive damages, according to the Toronto Star.
The suit involves a case Ray brought against the union in December 2004. During the lockout, the NHLPA was paying its players a stipend of up to $10,000 a month. The money came from a fund the union collected in anticipation of the work stoppage. Ray did not receive payments because the union considered him retired, but he sued saying he wasn’t.
The case was settled for $70,000. After the lockout, the union delivered another payment to players, this time in the amount of $150,000, according to the Star. Again, Ray did not get a check. That is the money the Sabres’ television analyst is seeking.
In the court documents obtained by The News, Ray asserts “the NHLPA represented to Ray that no further distribution of the funds accumulated by the NHLPA would be made” even though the union knew it might make future payments.
The union has filed a motion to dismiss the suit. It maintains that in the settlement of the first case Ray agreed not to pursue any further payments from the NHLPA.
Part of the settlement reads: “It is understood that in this Agreement, Ray is waiving any claim to future payments that may be made by the NHLPA to former members and further understands that such payments, if any, may be greater than the settlement amount herein and that no representations as to such payments have been made or relied upon in this Agreement.”
The union writes in its motion of dismissal that Ray is breaking “his contractual obligation not to make a future claim” against the NHLPA. Paragraph No. 4 of the initial settlement says Ray forever releases and discharges the NHLPA from any “future dispersements made from the assets of the NHLPA to current or former members.”
The union wrote in its motion to dismiss that Ray could have sought claims had he returned to active status, but the winger never played after the lockout.
Ray did not return calls seeking comment. The union would not comment because the case is active.
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The Sabres, their alumni and the Buffalo Junior Sabres are now one big family.
The NHL team and the Buffalo Sabres Alumni Association purchased and assumed control of the junior squad Thursday. The Junior Sabres have been in existence since 1975 in one form or another.
“We are very excited to partner with the Buffalo Sabres,” said Larry Playfair, the former defenseman who is president of the alumni association. “Our involvement will help solidify the financial stability of the team and give some of the local boys in the Buffalo- Rochester corridor a viable home to enhance their careers.”
The Junior Sabres are the only U. S. team playing in the Ontario Provincial Junior “A” Hockey League. The team, which has also been known as the Niagara Scenics and Buffalo Lightning, has several NHL players among its alumni. Brian Gionta, Lee Stempniak, Aaron Miller, Kevyn Adams and Todd Marchant are among the Western New Yorkers who have played for the team.
The Sabres have committed to allowing the Junior Sabres to use HSBC Arena whenever possible for games and practices.
Playfair will be the team president. Former Sabre Grant Ledyard will remain as coach and general manager.
The Junior Sabres will hold a two-day evaluation camp next week for their 2008-09 roster. Eligible players must have have been born between 1988 and 1992. The camp will be held May 17-18 in the Amherst Pepsi Center. The cost is $50 per player and $25 for goaltenders and returnees. Participants must preregister at www.buffalojrsabres.org .
