Potential MLS Lock-Out

Discussion in 'Prem talk, Those Other Leagues, and International' started by andypalmer, Jan 7, 2010.

  1. HatterDon

    HatterDon Moderator

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    This, ladies and gentlemen, is [almost word for word] the baseball "reserve clause" that Andy Messersmith and others broke ushering in free agency." It is patently illegal under US labor laws, and not supportable in a court battle. Baseball still manages to exercise a lot of restraint of trade because they're exempt from anti-trust legislation as I said before.

    Here's the biggest hope we have for a sensible [is this possible with MLS hierarchy?] settlement soon [ooooh, alliteration! :banana: ], and it's from Christian:

    While MLS doesn't make a lot of money for networks or sports promoters, the World Cup does -- and it make barrells full for ESPN/ABC/Disney. If the MLS folds, the good players can find professional jobs elsewhere, but the USA won't have a shot at hosting another World Cup without a full-time professional league. The reason we have the MLS in the first place is quid pro quo for hosting in '94.

    We'll see.
     
    #21
  2. andypalmer

    andypalmer Active Member

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    My biggest hope for resolution lies with USSF, both for the World Cup hosting reason mentioned above and because a number of non-American world cup players play in the MLS. There would be a HUGE outcry if world cup roster players were unable to play in their league, as expected, during the months prior to the World Cup. Heck, that might even get FIFA involved, irregardless of their current statements.

    It's one thing not to get involved directly in US Labor law, but it would be easy for USSF or FIFA to by fiat, release the registrations of any players who request it (during any lockout). Even the threat of that would bring the owners in.
     
    #22
  3. pettyfog

    pettyfog Well-Known Member

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    Jan 4, 2005
    From Goff; 1/21

     
    #23
  4. Spencer

    Spencer Active Member

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    Jul 1, 2005
    May God show mercy if it turns out that I have spoken too soon but is this not playing out exactly as I said it would?! emmmhmmmm People and their freak outs.
     
    #24
  5. timmyg

    timmyg Well-Known Member

    Joined:
    Nov 20, 2006
    Shrewd as always Spencer. Great stuff.

    Which makes me wonder how can the league actually go on -- be it through training camps or games -- under an expired contract? Or can it not and I'm just missing the point?
     
    #25
  6. Spencer

    Spencer Active Member

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    Jul 1, 2005
    As long as the union is willing to continue working under the terms of an expired agreement I don't think its an issue. As far as the employers legal obligations, I believe they have to recognize the legitimacy of the union and enter some sort of negotiations with them at some point but there's not much beyond that. Working under an expired CBA and retroactively applying the terms of a new one at a later date is pretty common with say teachers but also seems to happen quite a bit in the private sector.
     
    #26
  7. RDG

    RDG Member

    Joined:
    Jan 13, 2005
    Why there will be a lockout/strike/work stoppage:

    I finally have tickets to a match (Red Bulls MLS Opening Night)
     
    #27
  8. pettyfog

    pettyfog Well-Known Member

    Joined:
    Jan 4, 2005
    MLS 'work-stop'

    The MLSPA voted overwhelmingly to not start MLS Season until settlement is reached.

    Unclear whether this includes the CCL and scheduled preseason matches, but apparently does not.

    Full GoogleNews search returns
     
    #28
  9. WhitesBhoy

    WhitesBhoy Active Member

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    RE: MLS

    Aaaaw, look at the MLS, all growing up and stuff. 'Bout time.
     
    #29
  10. sullytex

    sullytex Member

    Joined:
    Nov 15, 2008
    Location:
    Houston, TX
    RE: MLS

    I was looking to the Dynamo to be the methodone upon my repatriation back to Houston in April for my heroin addition, the Whites. Looks like I may have to withdrawl cold turkey from live professional soccer.

    The MLS ain't much, but its all we got. Before I came over here, I probably went to about half the Dynamo games every season and I really enjoyed it (albiet we tailgated, usually had a few pops, and partook in burning a Havana or two). Looks like these guys are executing a mutual suicide pact.
     
    #30
  11. pettyfog

    pettyfog Well-Known Member

    Joined:
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    Re: RE: MLS

    You're so far out of whack, it aint even funny.

    Right thing, wrong time.
     
    #31
  12. WhitesBhoy

    WhitesBhoy Active Member

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    RE: Re: RE: MLS

    Well let me change gears then. How does a card-carrying "dittohead" and "Guh-reat 'merican" like yourself feel about your and other's hard-earned taxpaying dollars going towards resolving a............soccer strike??

    Garber = open mouth, insert foot.

    Friday, March 12, 2010
    By Ridge Mahoney
    Senior Editor
    Soccer America

    Soccer America's MLS CONFIDENTIAL is a benefit for Soccer America members. It is published twice a week.

    Commissioner Garber on mediator, CBA talks, and Donovan


    By Ridge Mahoney

    It's not surprising that joy and relief emanated from the American soccer community upon hearing the news a week ago that federal mediator George H. Cohen would join the CBA negotiations between MLS and the players union.

    So it’s also not surprising that angst and worry and consternation has spewed forth in the past day or so, with word coming from player representatives that the two sides aren’t close to an agreement despite several days of discussions with the mediator present.

    “Mediator” is not fed-speak for “saviour,” and Cohen, no insult to either man intended, is not Mahatma Ghandi. Reports that he has been “hired” are wrong; such would be the case in a private mediation, which this isn’t. This is also not arbitration, in which the two sides present their cases and the arbitrator, if no agreement is bartered in the meantime, picks one or the other.

    Though Cohen is the Director of the Federal Mediation and Conciliation Service, he’s not empowered to hammer out a deal, to lock MLS executives Don Garber and Mark Abbott and union honchos Jon Newman and Bob Foose in a dark, dank room with only bread, water, and Blackberrys permitted until a deal is done. He can coax the two sides closer together, but he can’t jam them face-to-face and scream, “Make nice!”

    “I have to make it clear he wasn’t hired,” says Commissioner Garber. “He reached out to us and to the union and asked if we’d welcome him. This is a service that the government provides to see if they can add some support. If by meeting with a federal mediator that can be helpful to both parties, we’re open to doing that, and anything else that can help bring the parties together, but it’s not a traditional mediation.

    “I don’t know how much clearer we could have been in our statement. There’s a difference between private mediation and what he’ll be doing. The taxpayers are paying for George Cohen.”

    While the two sides have agreed on some matters, they are relatively minor issues such as per-diem payments, the quality of hotels for teams on the road, etc. Garber has taken a more active role in the discussions the past few months and he is also updates the league’s Board of Governors on status of negotiations.

    “I’ve been in every meeting for the last couple of months,” says Garber. “It’s not something I did the last time around [when the last CBA was negotiated five years ago] and it’s not something I did in the months leading up to the last two months, but I have been since then. It’s been my number one priority. I’ve been spending quite a bit of time with our group trying to reach an agreement and I’m also the point person for the board.

    “It’s not productive for me to talk about the actual negotiations. There’s lots of things going on and I don’t think it’s appropriate to talk about the status of the negotiations. I haven’t discussed that with anybody and I’m not going to start now. We’re hopeful we can reach an agreement, we’re aware the players have had issues, and we’ve addressed those issues during the negotiations. The players still are looking for more changes and we’ve not been willing to do that, so we’ll continue to work hard to see if the two sides can get closer.”

    Garber is standing firm on the league’s stance that Landon Donovan will return to the Galaxy next week as per the original terms of his loan. Everton manager David Moyes and Donovan have spoken hopefully of a month-long extension, until the U.S. domestic transfer window closes April 15.

    Garber wouldn’t comment on what might happen if the MLS players choose to strike, which would probably happen in the next week or so, because the players have stated they will not start the season without a new CBA: the league opener is March 25. Prior to joining Everton, Donovan signed a new four-year MLS contract that increased his salary to more than $2 million per year.

    “Getting Landon signed to a long-term contract and renegotiating while there was still two years left was important for Landon and it was important for Major League Soccer to lock up, in essence, arguably the best American player of our generation,” says Garber. “It’s an important achievement and speaks to our long-term commitment. Certainly when you sign a four-year contract at several million dollars a year the expectation is that you’re going to play for the team that signed you.

    “I don’t think at any time the Galaxy or the league believed that Landon would stay past the loan period. He’s an important player for the league and the Galaxy and they certainly wouldn’t have torn up his old contract and extended it for significantly more money if they weren’t serious about having him be a major participant to the league and to the club. There was never any expectation from us or the club that he wasn’t going to be coming back.”
     
    #32
  13. pettyfog

    pettyfog Well-Known Member

    Joined:
    Jan 4, 2005
    RE: Re: RE: MLS

    Okay..
    IF Cohen is full time federal employee and we're paying his and staff salaries anyway, then it costs us nothing as taxpayers.. providing he had nothing more pressing. Do the SEIU and/or UAW have issues?

    If he's billing the Fed by hour, then I'm against it. MLS should be paying. But I doubt the Players union would go for that, and they may not have the dosh to go halvesies on an independent arbiter.. So that's WHY there's federal mediation.

    Are you violating your SA ToS, there? I mean it's interesting... but dont want you to get in trouble.
     
    #33
  14. andypalmer

    andypalmer Active Member

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    RE: Re: RE: MLS

    Given that we're trying to get a World Cup, it's in the National Interest for this conflict to be resolved. The Fed will make exponentially more in tax revenue if we get a World Cup than Cohen's annual salary..over the next ten years. Financially, it makes sense for the Feds to get involved.
     
    #34
  15. HatterDon

    HatterDon Moderator

    Joined:
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    STRIKE!

    I thought the deadline had passed and that the players were now on strike. NO?
     
    #35
  16. pettyfog

    pettyfog Well-Known Member

    Joined:
    Jan 4, 2005
    RE: STRIKE!

    No... they voted to AUTHORIZE a strike. Or authorize another vote to authorize a strike. Some confusion on that.

    I suspect the first. If the debate team members say it's hopeless on the eve of the first MLS game, then they all stay home.
     
    #36
  17. WhitesBhoy

    WhitesBhoy Active Member

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    Re: RE: Re: RE: MLS

    I don't remember even asking for it. So free to me. Just started showing up in my Inbox.

    They have Terms of Service for this stuff?? Would be difficult to enforce is my first instinct.

    Calling it "MLS CONFIDENTIAL" doesn't necessarily make it legally so. Just like calling oneself "Major League Soccer", doesn't make that so either. Does appear to be a common misconception with this entity and its followers though.
     
    #37
  18. pettyfog

    pettyfog Well-Known Member

    Joined:
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    #38
  19. pettyfog

    pettyfog Well-Known Member

    Joined:
    Jan 4, 2005
    Players to Strike Monday

    per Ives

    Arguably the only ones to gain from a strike are Everton and perhaps few USL/NASL teams plus home country teams from our 'imports'.

    If there was any 'Common Sense' involved, the only thing that really need be addressed is Waived Player rights.

    Why the hell cant there be a 'conditional loan' clause? Where the new club implicitly assumes the player's salary and after 'n' matches - say, 16 games- on roster must pay old club the transfer fee to claim rights to him. After half season, each MLS game where player is on new club's roster reduces fee 1/32.
    - Assumed there is a fee cap: no ridiculous million dollar fees if you waive a player. Make it ..ummmm... twice salary.

    What this means is that if a waived player catches on with a new club and does well there.. any other team can claim his rights from his old club.

    Would not apply to USL/NASL or foreign leagues, of course.

    - - - -- - - - - -
    Here's what Peter Wilt, a guy who's far smarter than the average bear, says about it:
    http://pitchinvasion.net/blog/2010/03/1 ... or-strife/
     
    #39
  20. andypalmer

    andypalmer Active Member

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    Location:
    Baltimore, MD
    RE: Players to Strike Monday

    Wilt may be smarter than the average bear, 'fog, but he's still an idiot.

    My solution to contracts and free agency.

    Contracts are guaranteed for at least the current MLS season and all options after the first one are upon mutual consent only (not League unilateral).

    If waived, the player still gets paid, but it doesn't count against the cap.

    If waived, the player is free to sign for any other team, with no compensation to the team that waived him. If signed by another team, though, any prior contract guarantees become null and void (i.e., he ceases to get paid on prior contract).
     
    #40

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