Part 2: NWSL CBA rules governing the union

The National Women’s Soccer League (NWSL) bargained in good faith with the National Women’s Soccer League Players’ Association (NWSLPA) over the course of 40 bargaining sessions to get a collective bargaining agreement (CBA) ratified and executed. The bargaining sessions started in the Fall of 2020 with the final CBA officially executed on April 29, 2022.

This is Part 2 of a multi-part series analyzing the CBA from my perspective as a sports attorney and sports business professional. I will provide commentary and insight into the intricacies of the CBA.

ARTICLE 4 - UNION ACCESS

The Players’ Association or union has the right to conduct meetings on team property, but certain restrictions apply.

Each year, appropriate staff members of the NWSLPA shall be given stadium and locker room passes for Pre-Season, Regular Season, Post-Season, and any exhibition games.

The NWSLPA can hold meetings with players on team property, but must have prior authorization from the team. The team must allow at least three of these meetings with one being during the team’s preseason training camp. However, additional meetings can be approved by the team and should be unreasonably withheld. These meetings should not take place during a regularly scheduled team practices of trainings.

Additionally, such meetings shall only take place on a match day under exigent circumstances, and with the approval of NWSL.

ARTICLE 5 – UNION SECURITY

Section 5.1 - Membership: Each Player has the option to join the NWSLPA, however, it is not mandatory to join the union. There are a few conditions of employment in the NWSL, where legal and not in conflict with applicable law.

a) Any Player who is or later becomes a member in good standing, as defined in the NWSLPA Bylaws, must maintain their membership in good standing in the NWSLPA; and b) Any Player who is not a member in good standing of the NWSLPA must, on the later of the thirtieth (30th) day following the ratification of this Agreement or the beginning of the Player’s employment with the NWSL, pay, pursuant to Section 5.2, below, an annual fair share fee in the same amount as the periodic dues, in any state where such fee may be lawfully assessed.

Therefore, while the players do not have to join the NWSLPA, if they want to be employed by the NWSL or a member club then they must join the union as a condition of employment. There are some states, however, where mandatory union membership is not enforceable which is why the caveat “in any state where such fee may be lawfully assessed” was included in the CBA. For instance in states where there is a “right to work”, employees can still enjoy the benefits of a union but not have to pay union dues. As of the publication of this article the following states have “right to work” laws:

• Alabama, Arizona, Arkansas

• Florida, Georgia

• Idaho, Indiana

• Iowa, Kansas

• Kentucky, Louisiana

• Michigan, Mississippi

• Nebraska, Nevada

• North Carolina, North Dakota

• Oklahoma, South Carolina

• South Dakota, Tennessee

• Texas, Utah

• Virginia West, Virginia

• Wisconsin, Wyoming

The states with current NWSL teams and “right to work” laws are in bold type above. The National Labor Relations Act allows for “agency shops” and “open shops” when it comes to unions.

The NLRA allows a union and an employer to enter into a contract called a "union security agreement." Although these contracts cannot require a worker to join a union, they can require workers to make "agency fee" payments to the union as a condition of getting or keeping a job. An employer that enters into one of these agreements is required to fire workers who don't either join the union or make the payments called for in the contract. Employers with this type of contract are called "agency shops."

However, the NLRA also allows states to prohibit these agreements, and many states have done so. In these states, workers who decide not to join the union cannot be required to pay any fees to the union, nor can they be fired or otherwise penalized for failing to do so. These statutes, called "right to work" laws, basically require that every unionized workplace be an "open shop," in which workers are free to choose whether or not to join or support the union.

(SOURCE)

Current NWSL teams in “right to work” states include: Houston Dash, Kansas City Current, North Carolina Courage, Orlando Pride, & Racing Louisville FC.

Section 5.2 - Check-Off: A dues check-off is the way an employer deducts union membership dues from employees and remit or send those payments directly to the union. It is similar to electronic funds transfer that comes out automatically from your check similar to a 401k deduction from your paycheck. Players must voluntarily authorize and direct the league to do this and it will come from the player’s salaries once a month. If any changes to the amount of the dues is enacted then the NWSLPA will notify the NWSL.

NWSL shall forward the check-off monies to the NWSLPA monthly by electronic transfer, with a ledger identifying the sources of the monies, within five (5) business days of each monthly deduction. Each dues check-off authorization by a Player shall be in writing and NWSLPA shall advise NWSL of the revocation of any authorization.

Section 5.3 - Enforcement: For those players located in states that do not have “right to work” laws, then non-payment of dues can be grounds for employment termination. The steps for termination include:

1. “the NWSLPA will notify the NWSL and will raise the matter for discussion with the Player”

2. “If there is no resolution of the matter within seven (7) days, then, upon written request of the NWSLPA, the Player(s) shall be terminated.”

Section 5.4 - Indemnification: This section indicates that any problem that arises that might harm the NWSL from Article 5 on Union Security, then the NWSLPA will be liable and responsible, but the NWSL will not. For example, if a player has the wrong amount deducted from their paycheck for union dues and there is a mixup, then the NWSLPA will be liable even though it might be the NWSL’s mistake. This is standard and isn’t something to be overly concerned about.

NWSLPA shall indemnify NWSL and hold it harmless against any and all claims, demands, suits, and liabilities that shall arise out of or by reason of any action taken by NWSL for the purpose of complying with the foregoing provisions.

Part 3 will continue to cover the intricacies of the CBA and its effect on the players, the union, and the league.