USSF Sues the USWNT

Discussion in 'USA Women: News and Analysis' started by BlueCrimson, Feb 3, 2016.

  1. BlueCrimson

    BlueCrimson Member+

    North Carolina Courage
    United States
    Nov 21, 2012
    Cincinnati, Ohio
    Club:
    Sydney FC
    Nat'l Team:
    United States
  2. Blaze20

    Blaze20 Moderator
    Staff Member

    Seattle Reign FC
    Sep 22, 2009
    Club:
    Philadelphia Independence
    That escalated quickly
     
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  3. BostonRed

    BostonRed Member+

    Oct 9, 2011
    Somerville, MA
    Club:
    New England Revolution
    Nat'l Team:
    United States
    USSF has issued a statement:
    [​IMG]

    Basically, they seem to be asking the court to say either there is or isn't a CBA in place today (through the executed Memorandum of Understanding).
     
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  4. cpthomas

    cpthomas BigSoccer Supporter

    Portland Thorns
    United States
    Jan 10, 2008
    Portland, Oregon
    Nat'l Team:
    United States
    And, of more immediate import as a sub-question, whether the USWNT members have the right to strike. In the CBA, they agreed to a no-strike clause. The strike question is of import to both the NWSL season and the Olympics.

    This mostly seems to me to be the USSF wanting to get that question resolved so that, if the USSF is right, it won't have to continue bargaining under threat of a strike.
     
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  5. kernel_thai

    kernel_thai Member+

    Oct 24, 2012
    Club:
    Seattle Sounders
    Well, to state the obvious, the union loses a lot of leverage after the Olympics so I can see them wanting the matter settled before.
     
  6. kernel_thai

    kernel_thai Member+

    Oct 24, 2012
    Club:
    Seattle Sounders
     
  7. kernel_thai

    kernel_thai Member+

    Oct 24, 2012
    Club:
    Seattle Sounders
    So from that it looks like all WC players got pushed to tier 1 which has been past practice for winning big tournaments
     
  8. BostonRed

    BostonRed Member+

    Oct 9, 2011
    Somerville, MA
    Club:
    New England Revolution
    Nat'l Team:
    United States
    Contract minutiae:
    [​IMG]
     
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  9. BostonRed

    BostonRed Member+

    Oct 9, 2011
    Somerville, MA
    Club:
    New England Revolution
    Nat'l Team:
    United States
  10. BostonRed

    BostonRed Member+

    Oct 9, 2011
    Somerville, MA
    Club:
    New England Revolution
    Nat'l Team:
    United States
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  11. steelers07

    steelers07 Member

    Apr 8, 2014
    Club:
    Real Madrid
    Oh boy...

    The federation sure does like to test the patience of it's players and the fans it seems.
     
  12. luvdagame

    luvdagame Member+

    Jul 6, 2000
    the roi is in all those ticket $$ and sponsorship $$ that the mnt brings in.

    rich surely knows that.
     
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  13. lil_one

    lil_one Member+

    Nov 26, 2013
    Nat'l Team:
    United States
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  14. gstommylee

    gstommylee Member+

    Oct 3, 2008
    Club:
    Seattle Sounders
    Makes me wonder if the turf/grass treatment issue will come up in the CBA dispute.
     
  15. cpthomas

    cpthomas BigSoccer Supporter

    Portland Thorns
    United States
    Jan 10, 2008
    Portland, Oregon
    Nat'l Team:
    United States
    This would be very difficult for the players to do. If they refuse to play on turf, what happens to the NWSL?
     
  16. Cliveworshipper

    Cliveworshipper Member+

    Dec 3, 2006
    #16 Cliveworshipper, Feb 4, 2016
    Last edited: Feb 4, 2016
    I think it's only for the Nats. The players can decide where they play club - sort of.

    But it does raise the issue that temporary Sod fields aren't any solution either. For the Men, The Gold cup in Seattle in 2013 and the Alamo dome vs Mexico were horrible. Mexico threatened to cancel. The men often can't find the right natural grass pitches and often make do with quickly installed sod, and the results are never good. I don't have confidence that the women could do better.

    http://fusion.net/story/119993/usa-vs-mexico-surface-temporary-grass-usa-san-antonio/

    Hawai'i was a cluster because nobody checked the field. With grass, there is no standard to check. There needs to be some standard for grass pitches as well.
     
  17. lil_one

    lil_one Member+

    Nov 26, 2013
    Nat'l Team:
    United States
    #17 lil_one, Feb 4, 2016
    Last edited: Feb 4, 2016
    From reading through the docs, I don't see that the MOU itself contains any of the language that would indicate the former CBA was still active except one or two phrases referring to the prior CBA but only seeming to affect that item (e.g. "Tickets: WNT tickets will be treated the same as under the prior CBA...".) The only line about its expiration is "Term of WNT contract: 4 years." The MOU itself also does not contain a "no strike/no lockout" clause.

    For those who don't want to read through the docs, USSF's position seems to me (someone without any law background) to rely heavily on the following:

    1) An e-mail dated March 19, 2013, from Ballard Spahr law firm to Sunil Gulati with this line: "As we have previously agreed, the general principle we are working under is that terms we have not specifically covered in the Memorandum of Understanding would remain the same as under the prior CBA, but with appropriate increases/adjustments/changes. We will address the specifics when we get to drafting the new CBA."

    2) John Langel's statement under oath on April 29, 2014, agreeing that "the memorandum of understanding...made certain financial changes, but other than matters specifically identified in the memorandum of understanding, the terms of the expired CBA the parties have agreed will continue to control."
     
  18. lil_one

    lil_one Member+

    Nov 26, 2013
    Nat'l Team:
    United States
    Additionally, the MOU stipulates that players receive:
    1. a portion of ticket revenue: $1.20/ticket of home friendlies (same terms as the agreement with the MNT)
    2. Friendly win bonus of $1350
    3. Placement bonuses: WC/Olympic gold bonus of $75,000/player, silver bonus of $32,500/player, bronze of $20,000/player, and 4th place bonus of $10,000/player
    4. WC/Olympic tournament roster bonus of $15,000
    5. WC/Olympic qualifying bonus of $15,000
    6. Gold place victory tour (10 games) bonus of 1.8 million to the player pool
    7. Per diem
    8. Sponsor appearance fee of $3000 (up to 5 appearances/yr)
    9. Also the MOU stipulates NWSL league salary (with an annual increase)

    Extras:
    1. 3 months' severance
    2. Provide childcare if needed at $25/child/day
    3. Relocation expenses of up to $625
    4. Agreement on terms for injury and pregnancy (basically the same as what we already knew from previous CBA)
     
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  19. BostonRed

    BostonRed Member+

    Oct 9, 2011
    Somerville, MA
    Club:
    New England Revolution
    Nat'l Team:
    United States
    Of course, one can argue that the MOU exists only because of the existence of the CBA. Otherwise, it would be a separate CBA.
     
  20. lil_one

    lil_one Member+

    Nov 26, 2013
    Nat'l Team:
    United States
    There is that argument plus the fact that some items are not defined in the MOU and require the prior CBA for clarification.
     
  21. lil_one

    lil_one Member+

    Nov 26, 2013
    Nat'l Team:
    United States
    #21 lil_one, Feb 4, 2016
    Last edited: Feb 4, 2016
    I'm just going to keep pulling out the interesting pieces, because this is fascinating stuff:

    From an e-mail on Nov. 24, 2014 when John Langel notified USSF that Rich Nichols was taking over as the Players' Association's counsel:

    1. Kling was made the 18th Tier 1 player after Loyden's severance ended.
    2. The players wanted to get Dunn her WC qualifying roster bonus despite her injury but USSF disagreed. At the time, they were still discussing it, but no outcome is mentioned. Dunn was moved to Tier 2 on Nov. 1, 2014.
    3. Fox wanted to make a WC documentary like ESPN did for the MNT. The players did not give consent (Caitlyn Murray reported on twitter that the reason the players refused was because they wanted money. Did the MNT receive any money for the ESPN documentary?)
    4. Barnie was seemingly terminated Dec. 31, 2014 (no reason stated in e-mail, but she would not be terminated prior to the end of 2014), but still received her NWSL salary in 2015.
    5. Shannon Boxx, like Barnhart, could not be terminated prior to Dec. 31, 2014, but obviously in her case, Boxx was given a 2015 contract.
    6. Based on Julie Johnston's case, Langel recommended adjusting the number of "floater" days.

    And then in that e-mail, there's this: "The parties need to edit, where applicable, the Collective Bargaining Agreement and Uniform Player Agreement consistent with the March, 2013 Memorandum of Understanding."

    Well, yeah, it seems like that would have been a good idea.
     
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  22. Smallchief

    Smallchief Member+

    Oct 27, 2012
    Club:
    --other--
    The court presentation of the the USSF contains a number of e-mails to the player's union, with addressees including Sauerbrunn, Lloyd, Solo, Rapinoe, and Morgan -- but no other players.

    Why were those 5 chosen? Lloyd and Sauerbrunn I can see because they are team captains. Why Rapinoe, Solo, and Morgan? Are they the union shop stewards? Do they represent the national team players?
     
  23. lil_one

    lil_one Member+

    Nov 26, 2013
    Nat'l Team:
    United States
    #23 lil_one, Feb 4, 2016
    Last edited: Feb 4, 2016
    I'd guess that the reason is that all or most of them hold some position in the WNT Players' Association and thus represent the rest of the team in negotiations. If you look at the Players' Association's constitution and by-laws, it calls for three "Players Representatives." Also in the Labor Organization Annual Report (2013; Exhibit F), Rampone is listed as President, Wambach as Vice-President, and Boxx as Treasurer.
     
  24. BostonRed

    BostonRed Member+

    Oct 9, 2011
    Somerville, MA
    Club:
    New England Revolution
    Nat'l Team:
    United States
    Seems like pretty basic lawyering to me. Whenever I have written MOUs, MOIs or amendments in the past, I always refer the original document(s). IANAL and do not play one on TV, BTW.
     
  25. lil_one

    lil_one Member+

    Nov 26, 2013
    Nat'l Team:
    United States

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