Is this suit going to drag on so long in the courts that by the time it's settled, she actually will be 18?
I kinda doubt it; my guess is that the new CBA makes the issue moot and the suit is dropped and/or settled quickly because of it.
Let's just say that this case won't last as long as the NASL v USSF antitrust lawsuit. The new CBA will probably address the age restriction before the case drags on to trial. It's a waste of money and resources for both sides.
Well the CBA probably won't directly affect either of those, because the CBA dictates how the league interacts with its players rather than creates its own roster rules. That said, they're not fully separate issues either. Also, by the nature of what a Homegrown rule would be, it will almost certainly lower the age limit if/when the league does finally create that rule.
I’m worried that they may not resolved the age restrictions in the CBA because NWSL looks like they will defend that 18 or older rule in response to the lawsuit unless they are keeping it quietly behind the scenes and change it.
The league may be defending against the suit itself, but a league spokseperson has directly deflected the issue toward the CBA negotiations. Per EQZ they said: "The league is engaged in collective bargaining with the NWSL Players Association, which is the appropriate place according to Federal labor law for issues regarding terms and conditions of employment to play out." And also from EQZ: "Moultrie’s counsel argues that the NWSL is in violation of the Sherman Act because it does not currently have — and never has had — a collective bargaining agreement, which is the legal way for an age limit to be negotiated." https://equalizersoccer.com/2021/05/06/olivia-moultrie-sues-nwsl-15-years-old-age-limit/ So yeah, I think the CBA negotiations will likely make the suit moot.
Another thing to be concerned about... The other major sports in the US have age restrictions as well. The NBA requires at least a year in college or D-League, the NFL requires three years, NHL requires a kid to be 18, and MLB requires a kid to be 16 before they tryout for a farm team. If NWSL were to fight this, the other leagues are likely to help bankroll NWSL’s defense so that they can keep their age restrictions. It’s also worth noting that the NFL was sued by a kid that wanted to be draft eligible prior to the three years and the NFL won on appeal. https://www.forbes.com/sites/marced...y-sacked-ten-years-ago-today/?sh=64f99bd164ab
If you feel like a good snooze... https://caselaw.findlaw.com/us-2nd-circuit/1111241.html My very cursory read says it was because the age restriction was negotiated by the NFLPA and Clarrett cannot negotiate outside the player’s union.
Its no coincidence they are pushing this suit in hopes of including the discussion of the age limit topic into the CBA negotiations currently ongoing before its too late think before the first game in May 15?. Because once its done, its pretty much done.
I'm not too familiar with how CBAs are made and enacted, but my guess re: the timing would be it simply depends on what the two parties were aiming for when negotiations started? IDK if both parties went into the negotiations intended to have something complete before the regular season started or not. It's worth mentioning that players have been playing competitive games for nearly a month now, too; even though the regular season hasn't started yet, the overall 2021 season has been underway for a while with no sign anywhere of a potential player strike. I wouldn't be surprised if the goal was "this CBA will go into effect upon signing, whenever that is" or even "this CBA will go into effect for next season".
Eh, maybe not. The fact remains that there is no CBA with the NWSL and its players. None. The questions in the suit remain unanswered as to whether the NWSL is one entity or a group of individual teams for purposes of the Sherman Anti-Trust Act. Whether or not the NWSL and the NWSLPA negotiate and ratify a CBA that contains an minimum age clause while the litigation is still pending, that doesn't change that the NWSL might be exposed for denying her ability to sign with a team prior to the ratification of said age clause. Frankly, I don't think the teams, nor the league, are overly concerned about an age limit in as much as what additional expenses would be involved in having a legal minor on the team. They're already dealing with under-21 year-olds and how that affects team socializing involving alcohol, but a 16 year-old might entail other considerations such as legal guardianship issues, education issues, and such. It's the players union that would be most likely to be in favor of an age restriction to keep younger, possibly cheaper, labor from taking paying jobs from mid-career bench warmers - especially as wages are starting to go up, and being an ex-professional player with a good length career is nothing but a positive in getting future soccer industry jobs, whether it is coaching, administration, or on the broadcast side. I could see the league desperately trying to reach a handshake agreement with the union on an age minimum moving forward while grandfathering in Moultrie. Basically reaching a pre-CBA agreement to have an age clause in the CBA when it is finalized, but not have the union fight the league on signing Moultrie now to make the issue go away - but prevent the next Moultrie from being able to sue the league with a chance of success.
I didn't realize there wasn't a CBA between NWSL and the players.. But yeah, that definitely changes everything in this regard.
As part of the management agreement with USSF, the NWSL was operated under constraints placed upon it by the CBA between the USSF and the USWNTPA. The operating agreement with USSF took "Federation Player" salaries off the books of the NWSL - but also made their club their respective federations. It also put a cap on what NWSL teams could pay the players under league contract - namely no more than the lowest paid USWNT "Federation Player". (The infamous more equal than others clause). I think the NWSL is claiming that that operating agreement between the USSF and NWSL included the minimum age clause. But that's an operating agreement between two organizations, not a collectively bargained restraint. If the clause is in the older WNT CBA (I haven't checked), then it was a collectively bargained clause to which neither the NWSL, nor the larger NWSL player pool was party to. Either of which option is problematic if you're trying to use it as a defense. Frankly the only defense the league has is that it is a monolithic organization, and not a collection of independent teams. Anti-Trust doesn't come into play with a single organization. But I'm not sure the NWSL will really want to fight this. It doesn't serve them well if they lose and there is precedent defining their legal organization. I think they're trying to delay until they can get their ducks in a row. If the league just unilaterally let Moultrie in right now, they'd set a terrible precedent should any other young phenoms be paying attention and sensing which way the winds are shifting. In that case there could suddenly be a mini rush to "go pro" early before the NWSLPA and NWSL can codify their CBA. And to make things worse, if the players union really wants an age clause, the sudden influx of young players while negotiations are going on will almost certainly give the players bargaining power demand something in return for this sudden wave of young players. (And by wave, it could be only a few, I'm not expecting the floodgates to open or anything). I think Moultrie is getting in. The key is how does the league make that happen in such a way that it's only her and that the league doesn't hurt its bargaining leverage with the players' union.
Can’t teams decide who they want in their team anyways no different than drafting and those who goes undrafted? Unless there is a very exceptional player that a team wants, they can choose to sign or don’t sign a girl who wants to play. Moultrie is the only one allowed to train with the senior club I don’t see that in other clubs doing that for the other girls in the academies. Did those other girls asked as well? Or they just not worth bringing them in?
thise are two separate issues, and you have no evidence for the first or that they are linked. The Portland Thorns Academy website shows three players training with the senior team. Moultrie is NOT one of the players listed Source : http://www.portlandthornsacademy.org/ I don’t follow other NWSL academy teams, but I’m sure part of their attraction is training with the first team. Since you didn’t catch that 3 players ( four if you include Moultrie) are training with the Thorns on the site’s home page, I’m guessing you haven’t been thorough in your search.
Perhaps she is not playing on an academy team, but only with the Thorns. There might not be any more for her to gain by playing with youth players, which could be the whole point of trying to latch on in the pros. The point is, youth players do train with the first team. This is so on the Timber’s academy men’s side also. I’m sure Paulson didn’t invent the concept.
In 2017 I went to one Courage training session a week to get the players accustomed to my presence. Every single week there were any number of college players and/or academy youth players participating in training sessions. Partly to make up the numbers - NWSL rosters aren't terribly large and it can be hard to field 11v11 scrimmages. Partly as a way to expose the next generation of players to the gap between where they currently are and where they need to get if they want to progress. I'm guessing every team does that to some extent or another.
Players train and/or trial, with clubs all of the time without ever being publicized. I mean nobody has mentioned the fact that I moved photos of Kendall Fletcher and Brittany Ratcliffe in NC Courage training tops last week. I wouldn't try too hard to parse the available information with Moultrie and the Thorns.
Based on comments above, Moultrie isn't with the Thorn academy.. I'm not sure why, but if that is accurate, she would not be listed on the list of Academy players practicing with the senior squad because she is not an Academy player.
This is definitely a conundrum. Not in a academy, not in college, not in a pro team, can't play in Europe or anywhere in the world, not anywhere yet training with senior team and nothing else.