Per the CBA, Article 12 12., a contract signed by a player that takes effect when a player is not a "Group 2 Player" can not be used. O'Reilly's contract takes effect when he would have been a UFA.
What can be offered as evidence in the hearing, via the CBA, includes:
. (A) the overall performance, including National Hockey League official statistics (both offensive and defensive), of the Player in the previous season or seasons;
. (B) the number of games played by the Player, his injuries or illnesses during the preceding seasons;
. (C) the length of service of the Player in the League and/or with the Club;
. (D) the overall contribution of the Player to the competitive success or failure of his Club in the preceding season;
. (E) any special qualities of leadership or public appeal not inconsistent with the fulfillment of his responsibilities as a playing member of his team;
. (F) the overall performance in the previous season or seasons of any Player(s) who is alleged to be comparable to the party Player whose salary is in dispute; and
. (G) The compensation of any Player(s) who is alleged to be comparable to the party Player, provided, however, that in applying this or any of the above subparagraphs, the Salary Arbitrator shall not consider a Player(s) to be comparable to the party Player unless a party to the salary arbitration has contended that the Player(s) is comparable; nor shall the Salary Arbitrator consider the compensation or performance of a Player(s) unless a party to the salary arbitration has contended that the Player(s) is comparable.
From the CBA, "The Salary Arbitrator, on behalf of any party, or on his own behalf, may call witnesses or request documents or other evidence as he deems necessary to resolve the dispute. The Salary Arbitrator in his discretion shall be the judge of the relevancy and materiality of the evidence offered and/or the weight, if any, to attach to any evidence and shall not be bound by any formal legal rules of evidence. All evidence shall be presented in the presence of all the parties, unless a party is in default, having failed to appear for the hearing, or has waived his right to be present. Statistical evidence asserted in a party's affirmative case must be included in such party's brief in order to be admissible."
Evidence that can't be used includes:
. (A) Any SPC the term of which began when the Player party to such SPC was not a Group 2 Player;
. (B) Any SPC entered into by an Unrestricted Free Agent, including SPCs signed by Players after the Player's Club has exercised a walk-away right pursuant to Section 12.10;
. (C) The SPC of any Player who is not being offered as a comparable Player to the party Player;
. (D) Qualifying Offers made by the Club pursuant to Section 10.2(b);
. (E) Any prior offers or history of negotiations between the Player and the Club;
. (F) Testimonials, videotapes, newspaper columns, press game reports or similar materials;
. (G) Any reference to actual or potential walk-away rights;
. (H) Any award issued by a Salary Arbitrator as to which a Club exercised its walk-away rights pursuant to Section 12.10;
. (I) The financial condition of the Club or the League;
. (J) References to a Club's Upper or Lower Limit, or to the Players' Share;
. (K) Any salary arbitration award issued in 2005-2006; or 64
(L) Any reference to any salary or other compensation information in any salary arbitration opinion that took place prior to July 22, 2005. If any salary arbitration opinion issued prior to July 22, 2005 is cited as precedent, all references to any Player's Player Paragraph 1 Salary or other compensation information will be redacted.