Transcript
UPFRONT
MLS and union start on path toward
F
or MLS, the cost of doing business — both financially and philosophically — is about to go up. For professional soccer players in this country, the value of an MLS career is about to go up as well.
The players have unionized and will be backed by the Washington, D.C. legal firm Sherman, Dunn, Cohen, Leifer & Yellig, PC, which was formed in 1947 and specializes in labor law. They thus have the right to bargain collectively as well as to strike.
Formation of the Major League Soccer Players Union (MLSPU) formally severs ties to the NFL Players Association, which was chosen by the players to represent them in the league's inaugural season and in February 1997 filed a classaction lawsuit that took more than five years to resolve (see timeline).
"You can go back and say this was right and this was wrong, but I do believe this is the right thing to do not only for the players but for the league and for soccer," says Galaxy defender Alexi Lalas, who is one of five players who serve on the union's executive board. "I believe we still have a long way to go in terms of negotiation, and I'm not saying there aren't going to be disagreements and even heated arguments, but through it all there will be a level of respect that was missing."
Union timeline Feb. 13, 1997. The NFL Players' Association files a classaction lawsuit (Fraser, et al vs. Major League Soccer, et al.) in Boston challenging the MLS single-entity system and alleging MLS and U.S. Soccer had entered into a monopolistic conspiracy when the federation designated
6 / Soccer America / May 19 & 26, 2003
POINTS OF DISPUTE. The minimum salary has been frozen at $24,000 since the inaugural season. There is no pension plan or retirement plan for the players. There is no grievance process. The maximum salary has risen to $280,000, but dozens of players have earned more than that. "The players have never really gotten together to help the sport grow and have a voice," says Wizards midfielder Chris Klein, another member of the executive board. "We're the only sport without a collective bargaining agreement in this country. We finally took it upon ourselves to get this done." Players would like a greater share of merchandising and licensing revenues, although those currently are negligible. "You can't ask for money that isn't there," says Lalas. "But when the league grows and matures and those revenues are significant, of course, we'll want our share." The MLSPU has requested documentation of the league's accounting procedures for salaries and adherence to the salary cap, which is approximately $1.73 million per team. Player salaries are paid by the league. Since its inception, the league has revealed little of its financial dealings with players. Under the league's single-entity structure, only by moving abroad can a player be a free agent as that term is commonly interpreted. MLS rights are retained even if a player plays out his contract. He can only move to another MLS team by a trade or other process.
MLS as the country's sole Division I professional soccer league. April 19, 2000. Federal Count Judge George A. O'Toole issues a summary judgment that removes the single-entity claim from the lawsuit. Dec. 11, 2000. Jury submits unanimous verdict that MLS and U.S. Soccer did not engage in conspiratorial or monopolistic practices.
"If my original team offered me $30,000 and another MLS team offers me $60,000, I should be free to take it," says defender/ midfielder David Vaudreuil, who has retired after playing seven seasons in MLS. "But the league doesn't let you do that." Under one league proposal submitted several years ago, a player could not be a free agent within MLS until he reached the age of 28 and had played in the league five consecutive years. "That wasn't a serious proposal," said Vaudreuil. "If a guy like DaMarcus Beasley came into the league at age 17, he has to wait 11 years for free agency? But we thought it was just the first step, so we
March 20, 2002. U.S. Court of Appeals for the First Circuit denies NFLPA's appeals of the summary judgment and jury verdict. Oct. 7, 2002. U.S. Supreme Court refuses to hear players' appeal. April 17, 2003. Formation of the Major League Soccer Players Union is announced.
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collective bargaining the players. It's their union, and they run it." The independence of the union may come into question as it moves forward. All of the five executive board members and most of the team representatives (one per team) are represented by SportsNet, Inc., which is run by player agents Richard Motzkin and Dan Segal. Many national team players, including Landon Donovan, Josh Wolff and Beasley are SportsNet clients. So is Lalas, who serves on the executive board with Donovan, as does Metros keeper Tim Howard, D.C. United midfielder Ben Olsen and Klein. A former SportsNet
Alexi Lalas, Chris Klein (left) and the other three executive board members of the new Major League Soccer Players Union are all represented by the same agency. MILTON CROSSEN
sent them a counterproposal, and never heard back from them."
SPORTSNET. Said Jon Newman of Sherman, Dunn, et al, whom the MLSPU has retained as chief counsel, "It is an independent union run and governed by www.socceramerica.com
employee, Bob Foose, has been retained as MLSPU assistant chief counsel. Foose was required to divest all connection to SportsNet. The rivalry among agents for clients can be fierce, and several have privately claimed players represented by SportsNet receive larger salary offers from the league as encouragement for them to stay in MLS rather than aggressively seek opportunities abroad. Yet agents see the formation of any union and implementation of talks toward collective bargaining as a critical step. "This has been a long time coming," says Ron Waxman, who represents several dozen players. "I'm supportive of anything that will help the players. What we need is collective bargaining, and now are in a position to do that." The two sides are exchanging documents in preparation for the first formal discussions, which will take place this month. Quakes defender Jeff Agoos, who was one of the spokesmen when the players were affiliated with NFLPA, says, "We need to put that behind us. For the benefit of the sport, we've got to have a dialogue with management. That's really been lost for the last number of years. Both groups have to be willing to compromise." — Ridge Mahoney May 19 & 26, 2003 / Soccer America / 7
