The Ilya Kovalchuk saga continued when the NHLPA filed a grievance on behalf of the reluctant free agent. After the deal was rejected by the NHL five days ago, the NHLPA had until 5 p.m. ET on Monday to file the grievance. They did and still had a couple of hours to spare for a late lunch. Now an independent arbitrator will be given the task of deciding whether or not the NHL’s decision was justified.

This was a no-brainer move on behalf of the NHLPA. They had to file this grievance against the NHL. To not do so would be like saying they did not care to support one of the league’s best players, and certainly the best player available as a free agent this offseason. If the NHLPA does not back Kovalchuk’s signing a 17-year, $102 million offer from the Devils, what kind of contract exactly would they support?

The real question is whether or not the NHL has a case. The NHL’s argument is that the deal is front-loaded enough to the point that while the cap hit against the Devils will only be $6 million, he’ll make $11.5 million or five consecutive seasons. At the end of the deal he’ll make just $550,000 a year for five more years; starting when he’s 39 years old. Everything about the deal fits within the Collective Bargaining Agreement. The only way the NHL can prove that this contract is trying to play through a loophole is if they have evidence that Kovalchuk and the Devils have a silent agreement that Kovy does not need to play for the full 17 years.

Once an arbitrator is assigned to the case, things will really get interesting. Will he see things the NHL’s way, or will he decide that the NHL is just a victim of their own poor planning? The Collective Bargaining Agreement that was reached after the work stoppage is littered with holes. Clearly the Devils and Kovalchuk believe they’ve found one, or else this contract issue would never have happened. Without some sort of proof from the NHL, this decision should be easily overturned in favor of Kovalchuk.