Take a look at the press release the NHLPA issued regarding Sean Avery:
TORONTO (December 5, 2008): NHLPA Executive Director Paul Kelly’s statement regarding the suspension of Sean Avery for six regular season games:
“While the NHLPA does not condone Sean’s comments, which were clearly inappropriate, the discipline imposed by the Commissioner is unprecedented both in its severity, as well as the process by which it was handed down. We have also seen signals from the Dallas Stars that Sean’s contractual rights might be challenged. We are monitoring the situation as it develops, and we will evaluate all legal options as the circumstances warrant. In the meantime, our first priority is supporting Sean’s efforts to learn from his mistake and move forward in a positive manner."
They're sending a shot across the Dallas Stars bow that they better not try and waive Sean. This is going to get interesting because Dallas does not want Sean back. In fact before this incident they asked their AHL affiliate it they would accept Sean if they waived him and the AHL team said NO. Ball is in your court Mr Hicks, lets see what you got.