MLS and Players’ Union in CBA Negotiations

Discussion in 'MLS: News & Analysis' started by Yoshou, Sep 28, 2018.

  1. ToMhIlL

    ToMhIlL Member+

    Feb 18, 1999
    Boxborough, MA
    Club:
    New England Revolution
    Nat'l Team:
    United States
    The only thing that's "holding back" the Revolution from being a big-spending superclub is a certain Mr. Robert Kraft. Hell, I would be happy if they were the equivalent of the "most favored nation" status, where they do things to the same average level as the rest of the league.

    If you want to go the "moneyball" route and spend wisely, you have to work smarter, which means having resources to scout and sign "value" players, being about to effectively do due diligence, and a host of other things. Pretty hard to do when the "brains" of the operation is Mike Burns.
     
  2. EvanJ

    EvanJ Member+

    Manchester United
    United States
    Mar 30, 2004
    Club:
    Manchester United FC
    Nat'l Team:
    United States
    That's not true. It's not like the owners not pushing forward equally means some of them hate the status quo. How the owners feel has to be expressed along a scale, not just with two possibilities.
     
  3. scoachd1

    scoachd1 Member+

    Jun 2, 2004
    Southern California
    Well team ownership isn't like team fandom. If two fans want to spend differently the fan spending less in't holding back the fan spending more. Both are helping the league - just in different proportions.

    On the other hand if one half of the ownership wants to invest more and the other half doesn't, then the latter a clearly holding back the former. And if you can't realize an owner like Vergara was huge drag on the league yourself (as say compared to his replacements running LAFC), I'm not sure this explanation will help you.

    Now perhaps you were arguing your scale is both positive and negative. If so I would agree position would be reflective of reality. Even so, it wouldn't disprove my original statement.
     
  4. deejay

    deejay Member+

    Feb 14, 2000
    Tarpon Springs, FL
    Club:
    Jorge Wilstermann
    Nat'l Team:
    Bolivia
    I want to highlight this in a brilliant post. One of the knocks on Single Entity is that this allows a coordinated control of player salaries. However, it also allows the players to have an effective union. Maybe the best players don't get the millions they might get in another league but (now) all players at least get a minimum level of health insurance and a guaranteed salary. Who knows what they will get later?
     
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  5. 10 Donovans

    10 Donovans Member

    LAFC
    United States
    Aug 11, 2018
    Los Angeles
    https://deadspin.com/nba-developmental-league-to-offer-125-000-contracts-to-1829842591

    If the NBA can get legally do this granted it only applies to players over 18, there shouldn't be an issue with MLS getting solidarity payments for player development.

    Most players can't go to Europe until after they turn 18, it's not a big jump to have MLS teams get solidarity payments for players that were in their development academy through the age of 18.
     
  6. newtex

    newtex Member+

    May 25, 2005
    Houston
    Club:
    Houston Dynamo
    What does this have to do with solidarity payments? MLS and USL teams can offer contracts to 18 year-olds now. This is just a way for potential NBA players to get around the one-and-done rule. Right now players can't sign contracts with NBA teams until a year after they finish high school. That's an NBA rule, not a question of legality.

    The G League wouldn't be paying any money to these players' AAU clubs or anything. And the NBA wouldn't be paying any money to the G League once these players get drafted. These are 1 year contracts. Accepting these contracts means that the players are ineligible for college sports participation.
     
  7. jaykoz3

    jaykoz3 Member+

    Dec 25, 2010
    Conshohocken, PA
    Club:
    Philadelphia Union
    Nat'l Team:
    United States
    Isn't the G-League owned and operated by the NBA?
     
  8. ThreeApples

    ThreeApples Member+

    Jul 28, 1999
    Smurf Village
    Club:
    San Jose Earthquakes
    Nat'l Team:
    United States
    Most of the teams are owned by their NBA parent, but there are also some that are independently owned. The point here was that there won't be any transfer fee or solidarity payment for a player who goes through this system. Also the parent clubs won't have any rights to the players who play for their affiliates on these one-year deals, as the players will go into the draft.
     
  9. 10 Donovans

    10 Donovans Member

    LAFC
    United States
    Aug 11, 2018
    Los Angeles
    Since you asked, below is some reading.

    TL;DR Legal precedent matters, Fraser v. MLS had an agreement that was set when MLS salaries were low (2002) where teams would not be receiving solidarity payments. Child labor laws in the U.S. already made solidarity payments seem unethical. Years later solidarity payments make sense, now that revenue streams have changed for MLS, the players, and soccer leagues all over the world use them.

    Legal precedent is used during negotiations to resolve disputes or change prior agreements. If it is legal for the NBA to do this then MLS could use what the NBA is doing as anecdotal evidence. END TL;DR

    http://www.espn.com/soccer/major-le...-to-benefit-from-foreign-transfers-don-garber
    But while Canada Soccer allows the payments of spelled out in RSTP for international transfers such as Davies', the U.S. Soccer Federation -- citing child labor laws and antitrust laws, as well as other United States legal decisions -- does not enforce the regulations under any circumstance.

    https://sports.vice.com/en_us/artic...er-us-soccers-bizarre-policy-on-training-fees
    But in reality, a court didn't order U.S. Soccer to ignore FIFA-recommended training fee policies. U.S. Soccer entered into this situation voluntarily. Further, U.S. Soccer's failure to come up with an alternative solution for U.S. youth club teams to recoup some expenses during the player development process may have allowed a loophole in which those teams may pursue these fees in the future.


    https://www.nytimes.com/2018/08/01/sports/soccer/major-league-soccer-alphonso-davies.html


    ~For the Redditor in you~
    https://www.reddit.com/r/MLS/comments/939eae/don_garber_on_solidarity_payments_id_like_to_see/
    I'm not a lawyer, but I know that the USSF entered into a side agreement with the union during Fraser v. MLS in which the USSF agreed to not enforce TC/solidarity payments.
    > https://en.wikipedia.org/wiki/Fraser_v._Major_League_Soccer
    > https://www.si.com/planet-futbol/2016/01/25/training-compensation-solidarity-us-soccer-mls

    https://medium.com/@terryblaw/notes...and-solidarity-the-impact-on-mls-f892995da8a6

    ~Reading for A+ Students~
    http://www.topdrawersoccer.com/the9...-openly-advocating-for-training-compensation/

    http://www.topdrawersoccer.com/the9...rong-side-of-the-training-compensation-fight/

    http://www.nydailynews.com/sports/college/ncaa-pay-student-athletes-article-1.3840545

    https://www.aspeninstitute.org/blog-posts/history-behind-debate-paying-ncaa-athletes/
     
  10. Gamecock14

    Gamecock14 Member+

    May 27, 2010
    Club:
    Chicago Fire
    #85 Gamecock14, Oct 19, 2018
    Last edited: Oct 19, 2018
    1) Child Labor Laws don't exist for 18 year old and the laws for 16-17 year olds are not a problem for sports teams in regards to hours.

    2) Canada doesn't follow US Law.

    3) The structure of Canadian Youth Clubs is a lot different than American ones. It's beyond pay to play. Dallas Texans does not have a senior adult team, North Mississauga Soccer Club does. You have to leave most American Youth Clubs to play as an adult.

    4) Unlike clubs around the world, almost none* of the teams that are seeking training compensation in the US are doing it to "recoup costs in training". In a lot of the cases, the kids parents or parents of other players at the club are the ones who paid for training. (There are a handful of teams outside MLS that are free or greatly reduced)

    5) The NCAA is not paying training compensation to youth clubs, they are "paying" players with a stipend for currently playing for them.

    6)The NBA does not use solidarity payments. The G-League (similar to the USL) is a separate league and is agreeing to hire players to a 5 month contract in order to fulfill the one year requirement to join the NBA.

    7) Why post something from someone who says they are "not a lawyer" when trying to prove/discuss a legal ruling. I don't ask my barber to explain what ST segment elevation in leads I and AVL mean and then tell everyone my barber isn't a doctor, but this is what he believes.

    8) If you actually bothered reading your own Reading for A+ students you would realize that MLS is in support for training compensation, but the players union is not. Plus, if you dived in a little deeper within the larger MLS forum, you would see threads discussing training compensation, how other leagues deal with it, and why players oppose it.

    9) I really don't think you understand what the G-League or NCAA do and this post really didn't do anything to explain why you made those comments or responded to the post.
     
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  11. 10 Donovans

    10 Donovans Member

    LAFC
    United States
    Aug 11, 2018
    Los Angeles
    1) Child Labor Laws don't exist for 18 year old and the laws for 16-17 year olds are not a problem for sports teams in regards to hours.

    However it's regularly cited as an issue for Non-Canadian MLS teams with accepting solidarity payments.

    2) Canada doesn't follow US Law.

    They also try to ignore US patents on pharmaceuticals. I don't know where you're going with this.

    3) The structure of Canadian Youth Clubs is a lot different than American ones. It's beyond pay to play. Dallas Texans does not have a senior adult team, North Mississauga Soccer Club does. You have to leave most American Youth Clubs to play as an adult.

    Cool.

    4) Unlike clubs around the world, almost none* of the teams that are seeking training compensation in the US are doing it to "recoup costs in training". In a lot of the cases, the kids parents or parents of other players at the club are the ones who paid for training. (There are a handful of teams outside MLS that are free or greatly reduced)

    I though it was Santa Claus paying instead of the kids' parents, darn it.

    5) The NCAA is not paying training compensation to youth clubs, they are "paying" players with a stipend for currently playing for them.

    I never implied that the NCAA was paying for training compensation.

    6)The NBA does not use solidarity payments. The G-League (similar to the USL) is a separate league and is agreeing to hire players to a 5 month contract in order to fulfill the one year requirement to join the NBA.

    I never implied this, but what the NBA and G-League are doing can be used as groundwork to get some form of solidarity payments for Non-Canadian MLS teams.

    7) Why post something from someone who says they are "not a lawyer" when trying to prove/discuss a legal ruling. I don't ask my barber to explain what ST segment elevation in leads I and AVL mean and then tell everyone my barber isn't a doctor, but this is what he believes.

    You've got to have fun on this board sometimes. There's enough sources involved in my post to have fun. It was labeled for Redditors.

    8) If you actually bothered reading your own Reading for A+ students you would realize that MLS is in support for training compensation, but the players union is not. Plus, if you dived in a little deeper within the larger MLS forum, you would see threads discussing training compensation, how other leagues deal with it, and why players oppose it.

    You're funny, I never said that MLS is against solidarity payments. I would really appreciate it if you did not make baseless assumptions.

    9) I really don't think you understand what the G-League or NCAA do and this post really didn't do anything to explain why you made those comments or responded to the post.

    Thank you, you clearly like to make baseless assumptions. I made those comments because that is how contracts are constructed. If you write/negotiate contracts without reading into what similar businesses have done you're not going to accomplish all that you want to.

    Please enjoy life more and don't make baseless assumptions, BTW here's your A+ for finishing the reading material.
     
  12. newtex

    newtex Member+

    May 25, 2005
    Houston
    Club:
    Houston Dynamo
    #87 newtex, Oct 19, 2018
    Last edited: Oct 19, 2018
    How is the G League proposal relevant to solidarity payments? I looked through the links that you provided. I don't see anything that connects this to that.

    A few 18 year-olds would be signing these "Select Contracts" with the G League. They are not signing with any particular NBA team. They are one year contracts. At the end of that year the players would then be eligible to enter the NBA draft. The NBA team that picks them would not be under any obligation to the G League team that they played for.

    Players that sign these G League contracts would lose their college eligibility.

    I'm just not seeing any connection.
     
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  13. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    I'm not sure child labor laws are an impediment to solidarity payments. What may be an issue is the fact that the buying teams have to pay teams that the players are no longer under contract with. Depending on how you want to look at it, this drives up the cost of buying a player, or it reduces the amount of money that the selling teams gets.
     
  14. ThreeApples

    ThreeApples Member+

    Jul 28, 1999
    Smurf Village
    Club:
    San Jose Earthquakes
    Nat'l Team:
    United States
    7
    When it comes to payments to the youth clubs, it would be paying teams that the player never had a contract with.
     
  15. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    While true, solidarity payments as a whole includes the teams players were with up until they turned 23. But, you're right, I should have also included the youth clubs and not being under contract with them.
     
  16. carnifex2005

    carnifex2005 Member+

    Jul 1, 2008
    Club:
    Vancouver Whitecaps
    #91 carnifex2005, Oct 19, 2018
    Last edited by a moderator: Oct 19, 2018
    FIFA panel to consider solidarity payment claim from DeAndre Yedlin's youth club

     
  17. AndyMead

    AndyMead Homo Sapien

    Nov 2, 1999
    Seat 12A
    Club:
    Sporting Kansas City
    It also reduces the amount of money available to the player - who, as you point out, is not under contract to the youth club. Hence the reason that the MLSPA is against such payments.

    Thank goodness I or my employers don't owe the University of Kansas or the NC School of S&M every time I change jobs.
     
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  18. EvanJ

    EvanJ Member+

    Manchester United
    United States
    Mar 30, 2004
    Club:
    Manchester United FC
    Nat'l Team:
    United States
    My point is that owners should be put into more than two groups. There could be owners who don't want to increase the salary cap, owners who want to increase it 10%, and owners who want to increase it 50%. There could be owners who never want to increase the salary cap and others who don't want to increase it now but might want to increase it later.
     
  19. tomásbernal

    tomásbernal Member+

    Sep 4, 2007
    Club:
    Portland Timbers
    Nat'l Team:
    United States
    #94 tomásbernal, Jan 2, 2020
    Last edited: Jan 2, 2020
    Any updates on the CBA negotiations? It's been completely silent on this thread for well over a year. Isn't the contract up at the beginning of this season?

    EDIT: Answer to question 1: not really much information coming out. For a refresher, the Players' Union wants to address full free agency, removing charter flight restrictions (currently at 4 per season, I believe, which is an absurdity), and removal of TAM.

    Answer to question 2: Contract is up Jan. 31.
     
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  20. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    No updates. The league and union took a break early in December until after the new year. Progress was allegedly slow on all fronts.
     
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  21. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    #96 Yoshou, Jan 7, 2020
    Last edited: Jan 7, 2020
    MLSPA posted their priorities:

    http://mlsplayers.org/progress#Free-Agency

    http://mlsplayers.org/progress#compensation

    http://mlsplayers.org/progress#budget-rules

    http://mlsplayers.org/progress#conditions-and-benefits


    Each section has a short video that I haven’t watched so, no idea if there is more details in the video over the generics they have in each section, but the big things seem to be lowering age and time in league required for a player to be eligible for free agency, eliminating TAM, increasing player compensation, removing/limiting the league’s oversight on player compensation and acquisition, and allowing more charter flights.

    Edit: Embedded the videos.. I've watched a could at this point and they are fluff so far.
     
  22. Yoshou

    Yoshou Fan of the CCL Champ

    May 12, 2009
    Seattle
    Club:
    Seattle Sounders
    Nat'l Team:
    United States
    The Twitter machine has posts saying the union and league met today, that things are more amicable this year than in the past, and that while the players have been preparing for a work stoppage for the last two years, neither side wants a work stoppage.
     
  23. GunnerJacket

    GunnerJacket Moderator
    Staff Member

    Sep 18, 2003
    Gainesville, GA
    Club:
    Arsenal FC
    Can't imagine either side wanting to stifle the momentum the league has right now, and heaven knows that's exactly what a stoppage would do. Fingers crossed we stay on schedule.
     
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  24. AeroNaught

    AeroNaught Member+

    Atlanta United
    Feb 14, 2007
    Birmingham, AL
    Nat'l Team:
    United States
    I dunno, reading over their site it seems to me they're basically saying yeah things are getting better every year but we want them even better faster! I mean isn't that every employee at every job ever? I definitely get them on the quality of life things like moving expenses and good/cheap health insurance for the family, so if they don't have those already then I would definitely fight for that. If I was them I'd be aiming high but hoping for a 25 age/5 year experience threshold for free agency, charter flights and simplifying of the cap rules but keep the same incremental step up in total cap + minimum salary.
     
  25. mbar

    mbar Member+

    Apr 30, 1999
    Los Angeles, CA
    Club:
    Los Angeles Galaxy
    Nat'l Team:
    United States
    How long was the last CBA in effect? I can imagine that the length of this one will be an issue with the players wanting it to be as short as possible so they can negotiate again and the owners probably wanting to extend it beyond the 2026 World Cup. I’m sure they want to seize on the momentum that the World Cup will create And the players will know that they’ll have a lot of leverage threatening to strike in 2025-2026 if the cba is up again then.

    I’m guessing the CBA will be for a 3 to 4 year term.
     

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