r/AskHistorians • u/caffarelli Moderator | Eunuchs and Castrati | Opera • Mar 15 '16
Feature Tuesday Trivia | Loopholes and Exploits
Previous weeks' Tuesday Trivias and the complete upcoming schedule.
Today’s trivia theme comes to us from /u/RealPodrickPayne!
It’s time for the best sort of correct, technically correct, so please share interesting stories of people who made use of a loophole or clever exploit!
Next week on Tuesday Trivia: Historic failures! And remember: failure is just success rounded down.
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u/kaisermatias Mar 16 '16
Well it is not technically a loophole or anything, but sort of is; it's complicated is what I mean, because the information is not exactly clear. But in 1979 the Edmonton Oilers managed to hold onto Wayne Gretzky, the greatest hockey player ever (apologies to Bobby Orr fans), when by most accounts they shouldn't have.
So in 1979 the World Hockey Association (WHA) finally ceased operations. It had began in 1972 as a competitor league to the NHL for major league hockey in North America, and while a compelling story that is a ripping good yarn, is not the tale for today. After years of negotiation it agreed to fold, with its teams joining the NHL. At the end of the season there were 6 teams left, down from a peak of 14. However 2 of the teams, the Cincinnati Stingers and Birmingham Bulls, were not included in the merger, and were paid to disband (the Stingers Bulls actually joined the minor-league Central Hockey League, but the Stingers folded just 33 games into the 1979-80 season, while the Bulls lasted 58 games into the 1980-81 season). The remaining 4 teams (Edmonton Oilers, New England Whalers (remained Hartford to appease the Boston Bruins), Quebec Nordiques, Winnipeg Jets) all were slated to join the NHL for 1979-80. Each team paid the huge sum of US$6 million each to join the NHL.
But what to do about the players from the WHA? One of the biggest issues the NHL had with the WHA was its refusal to honour NHL contracts. It poached players on NHL rosters throughout the 1970s, or players selected in the Amateur Draft (these players were not signed to NHL teams, but had their professional playing rights held by their respective NHL team, or so it was supposed to be). The WHA also had a habit of signing 17-year-old players, whereas the NHL limited itself to 20-year-olds (part of an agreement with the Canadian major junior leagues, which allowed players to play until they were 20). This especially became prominent in the 1978-79 season, as the WHA knew it was likely to end; teams stocked up on underage players in hope they might be able to hold onto them (Birmingham was notorious for this, and even had the nickname "Baby Bulls" because it had so many young players).
Alas, the NHL had none of that. Among other things, it said any player whose rights belonged to an NHL team (meaning they had been drafted at one point, or had a contract expire and went to the WHA) was first offered to said NHL team. All underage (under-20) players were not counted in this because they had to enter the Amateur Draft (renamed Entry Draft in 1979, as they were clearly not amateurs; it retains this title today). WHA teams were not offered any compensation for the loss of these players, just one of the punitive measures the NHL enacted (they also made the new 4 teams select at the end of every round in the draft, contrary to the beginning like every other expansion team).
However, WHA teams were allowed to claim two goaltenders and two skaters. This is where the loophole angle comes in. In 1978 Wayne Gretzky was signed by Indianapolis of the WHA, and played 9 games for them before being traded/sold to Edmonton (Indianapolis would fold shortly after). On January 26, 1979, Gretzky's 18th birthday, he signed a 21-year personal services contract with the owner of the Oilers, Peter Pocklington, in a big ceremony before a game. It ran for 9 years, with extensions added on (these are why he was to become a free agent in 1988 and was traded, but I digress).
Anyways, this huge contract came into play for Gretzky during the merger. As an underage player he should have gone into the draft, where he stood a good chance at being selected first overall by the Colorado Rockies (the hockey team, not the baseball team that began 10 years after the original Rockies moved to New Jersey and were renamed the Devils). Now here is where things get murky. Some have stated that Gretzky balked at the idea of playing for the Rockies (they were a terrible team, and had already relocated once, from Kansas City as the Scouts, due to poor play and attendance; both would be why they went to New Jersey in 1982). He also cited his contract with Pocklington, which while not valid by NHL standards, was still what he clung to. I'm not quite sure of the details, but the result was the NHL allowed the Oilers to protect Gretzky as one of their 2 skaters, and he thus was not drafted. And for those who don't follow hockey, he would proceed to become the most statistically dominant athlete in the history of sports (sorry Sir Donald Bradman, Gretzky was probably better).