Peter Wilt predicts an MLS work stoppage will last until April
2010-01-06 02:54:00
Over at Pitch Invasion:Seattle Sounders FC player rep James Riley said the union wants the teams, not the League, to negotiate player contracts. The union also wants more guaranteed contracts and free agency after contracts expire. I'll bolden my prediction by guessing that a CBA is not achieved until at least April, meaning that for the first time, MLS games will be missed due to a work stoppage. The fact that the differences are philosophical and not financial means this could be a long one. It's one thing to compromise on dollars, it's another to compromise on philosophy.
And it's another thing entirely to compromise on an established business entity, which is what the players would be asking by having clubs negotiate contracts. Free agency at the end of contracts aside, I don't think there's any way the union gets this.
Let me spell it out, keeping in mind that I'm only speculating as to the union's overall strategy on this point and am not putting forth any kind of legal opinion: Having the individual clubs negotiate contracts could weaken the claim that MLS is a single entity that can act unilaterally to reduce competition under the Sherman Act. As such, the players are toying in a very real way with cutting out the heart MLS and using the change in situation to remove the barriers to taking the league back to court. Even though the appeal of Fraser vs. Major League Soccer was not necessarily won or lost on that point, conceding this issue is something the owners simply would not allow. They couldn't allow it as it would potentially destroy the league.
It's more than a philosophical difference, it's an attempt to poison single entity before killing it off completely, with lots of turmoil in the interm. If the union would strike or force a lockout over this specific issue, they have totally lost their grip on reality.
-FS
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