KO - A tough spot to be in

[whaler11]

@whaler11 apparently couldn't find the '50 likes' button.

I am no or Fishy. I have but one account from which to like.

 

[Deadrody]

You know, if the infraction is not a big deal, he deserves all of his contract money. The fact that he didn’t coach or recruit well the last couple seasons is not just cause.

IF...

Good lord, people, can we please, please, PLEASE stop speculating on things we DO.NOT.KNOW ???

If what you're going to post relies entirely on an assumption after the IF, you are not adding anything to the discussion, such as it is.

No kidding, IF the infraction they're relying on is minimal, he may deserve his full buyout. But UConn already knows that.

 

[IthacaMatt]

Zero?

You simply don’t know. You never want to be on the other side of a University or institution; but, Ollie - not knowing the “just cause” vague charge - has a contract with a buyout. UConn, also, doesn’t want to be the one CBB school who wipes out a coach.

This will settle. I suspect Benedict’s first conversation with Ollie wasn’t positive. Ollie will understand his stakes.

There's a possibility, now that Ollie has played his Union Employee Arbitration card, that it may be mandatory, as well as binding. That might take away the ability to settle. It comes down to the collective bargaining agreement and how the arbitration clause is written.

 

[IthacaMatt]

I actually think it was positive, they just didn't reach an agreement. I don't know that this will all that acrimonious. Right now both sides are just jockeying for position..

This sounds really naive. If the first conversations were "positive", your AD wouldn't have gone to the press and blown up the negotiations by saying he was being terminated "for cause" and would get nothing. Unless he's an idiot, that is.

 

[ctchamps]

Not really but ok I give.

Now that’s what I call mailing it in.

 

[ctchamps]

Yeah, at the end of the day it doesn’t matter what Ollie wants or “thinks he needs” that isn’t part of the contract. My guess is the AD has enough dirt on KO that he knows KO will never go as far as arbitration and let all of that become public. I’m sure they already had a conversation about it and KO probably thought UConn would never try firing for cause due to how it would be perceived by the media. Well UConn called his bluff and my guess is this will be settled soon. I’ll be shocked if he gets more than $3M. Benedict knows what he’s doing, he’s not a dumb guy.

He may not be dumb but his evaluation of coach value is idiotic. You do realize he created not only KO’s contract but BD’s contract.

 

[IthacaMatt]

KO is in deep trouble if there is any violation. Section 10.1(d) of his contract specifically states "just cause" means violation of NCAA rules by him or anyone under his supervision. It also has no requirement that the NCAA make a determination that a violation occurred.

Contract link: http://www.rep-am.com/wp-content/uploads/2018/03/Kevin-Ollie-Contract-1-18-2018.pdf

His contract incorporates the arbitration procedures of Article 13 of the Collective Bargaining Agreement which calls for binding arbitration. The arbitration provision is very particular that the arbiter may not add or remove terms and must stay within the bounds of the contract terms. Unfortunately, there is a internal reference defect when incorporating Article 13 into the KO contract. Article 13 references itself "this agreement" - which creates a legal opening whether the arbiter is bound to stay with the the terms of the KO contract. KO will argue the arbiter isn't bound and consider general equities, while the university will argue "no" follow the structures of the contract. Overall, though KO is on very thin ice.

Ollie's lawyer did him no favors negotiating that "for cause" language - there are no lawyerly weasle words anywhere to be found - e.g., "material" violation, and of the University's own rules and procedures, not just the conference or the NCAA. That gives the university huge leeway.

BlueDog, I imagine you are familiar with the union CBA. Is arbitration mandatory or optional, and once it has commenced, does the union see it through to conclusion?

 

[ctchamps]

The contract does not appear to distinguish between major and minor violations. If Ollie did it, any violation will do; if it was a player, coach or staffer, they have to show that he knew it was a violation and didn't do anything about it in a timely manner.

Is there a interval of time that the university must act to claim just cause?

 

[Paesano]

He may not be dumb but his evaluation of coach value is idiotic. You do realize he created not only KO’s contract but BD’s contract.

I thought Warde basically created Ollie's contract and DB signed off on it with little choice? What is wrong with you lately? Where is the positive and up-beat guy? And don't tell me you are scared of the future. I know damn well that you know that the healthiest course of action is to embrace the present and look to the future with excitement. Let go of the anger you feel about KO's tenure and exit. It didn't turn out the way you wanted. It didn't turn out how any of us wanted. But as much as you wish this didn't happen, it did. Time to move on.

 

[huskymedic]

BlueDog, I imagine you are familiar with the union CBA. Is arbitration mandatory or optional, and once it has commenced, does the union see it through to conclusion?

Arbitration - bottom of page 6 (10.7, 10.8, 10.9)

 

[gtcam]

Do you have those confirmations from those "in the know" with names of those folks
If you don't have them you are blowing smoke
THIS THREAD SUCKS - Chief00 take it out yourself or Tom please do so
I don't care if the financials are public opinion all this does is offer another way for everyone who wants to - kick KO down the street more with speculation
The guy will never coach on a UConn sideline again - he's done
Next chapter, next coach - lets get on with it

 

[BlueDogs]

Ollie's lawyer did him no favors negotiating that "for cause" language - there are no lawyerly weasle words anywhere to be found - e.g., "material" violation, and of the University's own rules and procedures, not just the conference or the NCAA. That gives the university huge leeway.

BlueDog, I imagine you are familiar with the union CBA. Is arbitration mandatory or optional, and once it has commenced, does the union see it through to conclusion?

Arbitration is mandatory because that is the dispute resolution method in KO's contract.

 

[huskymedic]

Arbitration is mandatory because that is the dispute resolution method in KO's contract.

In theory - the Union can choose to not go to arbitration after Step 1 & 2 of the grievance procedure and choose to go another route (take it to Appellate court?)

 

[BlueDogs]

In theory - the Union can choose to not go to arbitration after Step 1 & 2 of the grievance procedure and choose to go another route (take it to Appellate court?)

It's not technically a union matter because the KO contract stipulates only that the dispute resolution provision in collective bargaining agreement applies. Since it is a personal contract between UConn and KO and the union is not a party to KO's contract, KO will have standing to require arbitration and the university likewise must use arbitration. It's a terribly constructed contract. He will bear the cost of arbitration.

 

[CL82]

It's not technically a union matter because the KO contract stipulates only that the dispute resolution provision in collective bargaining agreement applies. Since it is a personal contract between UConn and KO and the union is not a party to KO's contract, KO will have standing to require arbitration and the university likewise must use arbitration. It's a terribly constructed contract. He will bear the cost of arbitration.

I thought it was shared equally.

 

[huskymedic]

It's not technically a union matter because the KO contract stipulates only that the dispute resolution provision in collective bargaining agreement applies. Since it is a personal contract between UConn and KO and the union is not a party to KO's contract, KO will have standing to require arbitration and the university likewise must use arbitration. It's a terribly constructed contract. He will bear the cost of arbitration.

Read 10.6 in link above? Don't have time to screenshot it.

 

[pj]

I actually think it was positive, they just didn't reach an agreement. I don't know that this will all that acrimonious. Right now both sides are just jockeying for position.

If we are handicapping based on nothing, which all we really know right now, I'm going with a longer deal that when discounted back will equal $3 to $4M. UConn gives dollar amount to get a longer payout and Ollie concedes timing to get a bigger amount. Just a WAG though.

If they do a deal like that, it might have clauses changing the payout depending on NCAA sanctions stemming from his tenure.

 

[Chief00]

Do you have those confirmations from those "in the know" with names of those folks
If you don't have them you are blowing smoke
THIS THREAD SUCKS - Chief00 take it out yourself or Tom please do so
I don't care if the financials are public opinion all this does is offer another way for everyone who wants to - kick KO down the street more with speculation
The guy will never coach on a UConn sideline again - he's done
Next chapter, next coach - lets get on with it

It was in a “news” story in the Hartford Courant in August 2015. I assume they obtained from public court documents. My only point is this will make it harder to settle. My intent isn’t to offend anyone.

 

[Madmannsucks]

Sad. One day Kevin Ollie will become a member of the Husky of Honor group. I know, let's make it as hard as possible for him to ever come back with all the mud slinging and name calling.

 

[huskymedic]

It's not technically a union matter because the KO contract stipulates only that the dispute resolution provision in collective bargaining agreement applies. Since it is a personal contract between UConn and KO and the union is not a party to KO's contract, KO will have standing to require arbitration and the university likewise must use arbitration. It's a terribly constructed contract. He will bear the cost of arbitration.

Read 10.6 in link above? Don't have time to screenshot it.

AAUP Grievance Process referred to in Ollie's contract:

 

[CTMike]

Ultimatum? Could that be any more poorly written?

I have delivered Kate Upton an ultimatum whereby she must agree to make passionate love with me on the roof of Gampel by 4/1. Or else.

 

[whaler11]

I have delivered Kate Upton an ultimatum whereby she must agree to make passionate love with me on the roof of Gampel by 4/1. Or else.

Jeebus Mike we just got it fixed.

Can’t you use the hood of Ollie’s car or something.

 

[CTMike]

Jeebus Mike we just got it fixed.

Can’t you use the hood of Ollie’s car or something.

 

[Stray_Dog]

Do you have those confirmations from those "in the know" with names of those folks
If you don't have them you are blowing smoke
THIS THREAD SUCKS - Chief00 take it out yourself or Tom please do so
I don't care if the financials are public opinion all this does is offer another way for everyone who wants to - kick KO down the street more with speculation
The guy will never coach on a UConn sideline again - he's done
Next chapter, next coach - lets get on with it

I admit off the top, I am Not going to offer anything to the speculation of who wins what monies. I am going to offer my fan perspective. I went to the UConn games that Kevin Ollie played in. I watched coach Calhoun. I supported my team with passion. Fast forward, I watched the last years of coach Calhoun and the tutoring of Kevin Ollie as a coach. I then watched him win a UConn championship. I watched as our talent dwindled over the years. I watched as interest in our team waned and not just because of our record but losing to opponents we have no interest in. Heck, in truth how many of us are excited by who is lining up across our bench. More importantly, if we were winning we wouldn’t care so much about our opponent - but losing and losing to who? That has become our identity. Now for the true sad news, I’ll miss rooting for Kevin Ollie, he will always be a Huskie and like his personal life, this is a divorce and I didn’t watch him and his wife divorce, I certainly won’t watch this as I invested my emotions on both sides. This just makes me sad. So speculation aside, I feel like no matter what happens a part of me has lost and no part of me has won!

 

[Da_Aisijimo_Gou]

Nice consonance.

@8893 almost alliterative