Part 1: NWSL CBA sports law breakdown
On Jan. 31st, 2022 at approximately 8.30pm ET the National Women’s Soccer League’s Players’ Association announced they had ratified the first ever collective bargaining agreement (CBA) in North American women’s soccer history. On April 29, 2022 the CBA was fully executed and it runs from February 1, 2022 to December 31, 2026.
The document outlines the relationship between the league, the teams, and the players. It dictates everything from grievances and arbitration to benefits and player salaries. The Players’ Association made the entire CBA available for the public on their website. This level of transparency allows everyone from the media to players to hold the league accountable. When accountability is in place the entire league is elevated and players are able to focus on their sport.
What does the CBA entail? This is a the first part of a series of articles not only providing an overview of the CBA, but will also contain my commentary both as a sports attorney and sports business professional.
ARTICLE 1 - RECOGNITION
The NWSL recognizes the Players’ Association as the exclusive bargaining representative of NWSL players. The league must bargain in good faith with the Players’ Association. There are two ways a Players’ Association can be the exclusive bargaining representative for players.
If a majority of workers wants to form a union, they can select a union in one of two ways:
1. If at least 30% of workers sign cards or a petition saying they want a union, the NLRB will conduct an election. If a majority of those who vote choose the union, the NLRB will certify the union as your representative for collective bargaining.
2. Your employer may voluntarily recognize a union based on evidence - typically signed union-authorization cards - that a majority of employees want it to represent them.
“NWSL recognizes the NWSLPA as the exclusive collective bargaining representative with regard to the terms and conditions of employment…”
The CBA applies to a select group of professional soccer players.
All persons employed by NWSL as professional soccer players who have a current Standard Player Agreement (“Players”); AND
Those who may become employed during the term of this Agreement or any extension who fall within one of the following categories:
(a) persons who have been previously employed by NWSL who are seeking employment with NWSL and are invited to train with a Team
(b) persons selected in each year’s NWSL Draft
(c) persons who registered for the Entry Draft, but were not drafted who are seeking employment with NWSL and who are invited to train with a Team
This CBA applies to current players and additionally to the select group of players outlined above.
ARTICLE 2 – DURATION
The CBA remains active and in full force and effect until December 31, 2026. However, it can also continue past December 31, 2026. If neither party decides to give at least 60 days’ notice prior to any December 31st, to the other party, of their intent to modify, amend, or terminate the agreement, then it will continue past December 31, 2026. Either party can decide to terminate the agreement, but they must do so at least 60 days before December 31, 2026 or at least 60 days before any December 31st thereafter.
ARTICLE 3 – DEFINITIONS
In contract law, when a word has a specific definition related to the document, it is called a defined term. The first instance of a defined term either lays out what it means and has the word in parentheses after the definition or provides a list of defined terms at the beginning or end of the document.
For example: Mary Jones Smith (“Mary”) is located at 555 West NWSL Drive.
Any time the word Mary is mentioned in the document as a capitalized word, it is specifically referring to the Mary Jones Smith who lives at 555 West NWSL Drive. Defining terms is an easy way to make sure everyone is on the same page when speaking about a specific term or person.
The CBA includes a list of defined terms so anyone reading the CBA understands the exact meaning behind these terms. Any time a word is capitalized in the middle of a sentence you can guarantee the word is a defined term and located in the definitions list. Thus, when reading through the CBA be sure to refer back to the defined terms in ARTICLE 3 of the CBA.
Now that you have a background in document review, the next part of this series will get into the nitty gritty of the union, the standard player contract, and more. Stay tuned!