Cooler heads prevailing in CBA dispute
They both blinked.
After Thursday's non-announcements that the owners are willing to let the season begin under the old CBA and the players aren't willing to walk off the job, I think we can safely say that both sides realize a work stoppage is not in either sides' best interests.
Both are playing it right from a negotiating standpoint. The owners know they have nothing to lose by allowing the status quo to continue. The players realize that playing under the old CBA while retaining the right to strike by not officially extending it can only help their leverage.
If I was going to make a wager, I'd bet heavily on the season starting whether or not a deal is struck. Although I'd be willing to place a much smaller wager on it, I think the smart money still goes on the season being finished as well.
I make this prediction based on my personal experience as the chair of a bargaining unit during a contract negotiation and a recent conversation I had with a union organizer.
If we were talking about professional baseball, football, hockey or basketball players where even the worst-paid guys make hundreds of thousands of dollars, this would be a little different. Those players can afford to go on strike, and just as importantly feel as though they can't afford NOT to go on strike.
In a league where about a third of the players make less than $50,000 annually and have few options to replace that lost income, I think MLS players have a lot more in common with union workers in my situation than they do with other professional athletes.
Based on my personal experiences, I can tell you that people in these situations are much more worried about working and getting paid than they are about making some grand statements. If only the highest paid players or those with the strongest convictions got to vote on whether to strike or not, maybe the union would have already announced its players' intentions to walk off the pitch -- probably the day before the season starts.
As it stands now, MLS players would be much better off playing under the current agreement and waiting to renegotiate after a season in which the league has likely set attendance records and is getting ready to welcome two more franchises into the fold.
For the sake of comparison, let's look at the last few work stoppages in professional sports.
- 2004-05 NHL Lockout: Owners claimed to be losing money, and the day after the CBA ran out, they chose to lock out the players. The entire season was lost. Players ended up agreeing to a salary cap (which did not exist before) that was tied to league revenue and in many cases took pay cuts.
- 1998-1999 NBA Lockout: Owners claimed to be losing money, reopened the CBA in March 1998 and locked out the players in July. About half the season was lost. Players ended up agreeing to a much more strict salary scale, but did get a raise on minimums.
- 1994-95 Major League Baseball Strike: Owners claimed to be losing money, wanted to institute a salary cap, but continued negotiating for about seven months after the CBA expired. Serious talk of a strike picked up in July and on Aug. 12, 1994 the players walked off the job. The World Series was canceled. After urging from both Congress and President Clinton, the strike finally ended in April 1995. The owners agreed to increased revenue sharing and the players accepted what amounted to a luxury tax.
- 1982 and 1987 NFL Players strikes: I list these two separate strikes together because they were linked in many ways. The first strike was over several issues, ranging from the ability for the union to see salary information to free agency and guaranteed contracts. About half the season was canceled and all players had to show for it was proof that many of them were underpaid. That led directly to the next strike in which players again sought a guaranteed share of revenues, free agency and guarantees. Only one week of games were actually canceled as owners filled rosters with a mix of replacements and picket-line crossing players. The strike was eventually called off after about a month without so much as a new collective bargaining agreement being signed. The owners' win was so decisive that the players eventually decertified the union. It wasn't until 1993, with a new union in place, that NFL players earned free agency after signing their first CBA in more than 10 years.
Players can surely look at the MLB strike and draw encouragement. They would be deluding themselves if they took too much, though. For one, don't expect President Obama to play a similar role in helping mediate the dispute.
The twin NFL strikes might be a better comparison. The first, like the MLS dispute, was against the backdrop of a recession. The union was comparably young -- its first CBA wasn't signed until 1968 -- and didn't have resources like a strike fund or health insurance. Owners had similar complaints -- losing money, low attendance, measly TV contracts -- as today's MLS and players were seeking some of the very same gains.
Obviously, that ended in virtual disaster for the players -- lost paychecks and little to show for it -- and yet it was a relative success compared to the 1987 version.
Owners didn't want to lock players out then largely because there was no upside. Much is the same now, as I can't think of a good reason for owners to keep players away even if a strike seems to constantly loom on the horizon.
Luckily for fans, I think both sides are taking a rational approach here. It might be uncomfortable and maybe even a little unseemly, but it's hard for me to see it ending in disaster, either.
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Comments
limbo
I’m trying to wrap my mind around how any games can be played without a CBA… the players have not agreed to extend the existing CBA, and it strikes me as “not negotiating in good faith” that the League would come out and say “lets just operate under the old one” when it has been clear for months that the players will not accept it. Sure, the League “avoided” a lockout, but all they did was pass the buck to the players, and the cynic in me would say they did this so the players have to be the “bad guys” by striking!
In the meantime, we’re in limbo because THERE IS NO CBA! In fact, all the posturing has done NOTHING to move closer to one… the whole situation is in complete limbo now, because the old CBA has been deemed untenable by the players, who lose bargaining position by continuing under it. and I hasten to re-iterate MEANINGFUL NEGOTIATIONS ARE NOT TAKING PLACE!
I guess I don’t share the optimism here. The players will be FORCED to strike because the offer from the league to continue with the old CBA is disingenuous. All we’re doing with this week’s shenanigan’s is delaying the inevitable!
...that's MISTER Keller to you!!!
by malcontentjake on Feb 26, 2010 11:35 AM PST reply actions
jake
many negotiations operate under the old CBA even after it has expired.
I doubt that the players are refusing their checks right now. If they are getting paid, they are implying that the old CBA is good until they actually strike.
I am not a Supporter
I am not a Fan
I am a Sounder
Sounder At Heart
Thing to keep in mind
Operating under an expired CBA and without one are totally different things. As long as the owners don’t try to change the terms and the players continue to collect paychecks, this is total standard operating procedure.
There’s a rather lengthy conversation at BigSoccer in which it’s being claimed that the players have said they won’t play under the current CBA. All I’ve read is that they won’t sign an extension. Those are very different things.
If the players have, indeed, said they won’t play under an expired CBA that does cast a different light on things. Although that would be reliant upon a union vote authorizing a strike, which presumably has yet to happen.
If anyone has insight into union comments regarding a refusal to compete under an expired CBA, I’d be very interested in seeing that.
by Jeremiah Oshan on Feb 26, 2010 12:03 PM PST up reply actions
They said they are not on strike
I am not a Supporter
I am not a Fan
I am a Sounder
Sounder At Heart
That was my reading
You read someone repeat enough something times and you start wondering. Glad to know I wasn’t missing some big piece of news.
by Jeremiah Oshan on Feb 26, 2010 12:51 PM PST up reply actions
delaying the inevitable!
I’m not going to argue with you guys, but step back and look at the big picture! What is happening here is that to get a new CBA, the players are going to have to strike. That is the play that has been forced. The League is PERFECTLY happy continuing with the current CBA for perpetuity, and to re-iterate something we have known for months, THE PLAYERS ARE DEMANDING A NEW CBA!
To achieve a new CBA, negotiations are required. The League’s maneuver to “keep operating under the old CBA” is NOT a tactic that will help push negotiations! In fact, I see it as a cynical, disingenuous move by the League to try to push more bad PR in the direction of the players (since the popular opinion has shaded towards the players in most quarters).
So here’s what’s happened. On Wednesday the League essentially said “the hell with it, we wanna keep the old CBA and if you don’t like it, strike!” Now, they KNOW the players won’t accept this, and the players only PR-savvy response was to say “we’re not gonna strike.” So where are we? NOWHERE!!! We’re in limbo. No one blinked, we’re still caught in a stare-down!
...that's MISTER Keller to you!!!
by malcontentjake on Feb 26, 2010 2:07 PM PST up reply actions
I guess I disagree
I don’t think the owners said “take the old CBA or strike.” The players certainly don’t have to strike in order to get a new CBA. You can look at other leagues that played without CBAs or any other union environment. Unions work without CBAs all the time and eventually get a new one without having to resort to a strike.
The key for unions is to continue to hold the threat of a strike and hope leverage increases. I think that is exactly what the MLSPU is doing. Their leverage is better, not worse, by allowing this season to play out assuming it’s as successful as so many of believe it will be. If owners get a taste of profitability, they’ll be far less likely to allow the players to strike and be more inclined to sign a more player-friendly CBA.
More to your point, the league’s stance — heck, the law’s stance — is that the old CBA is in effect until at least one side says it isn’t. Neither side has said they won’t abide by the old CBA’s rules. The players have said they won’t sign an extension, but like I said, that’s a lot different than saying they won’t play under it.
I don’t think the MLSPU is playing the PR battle with the “we won’t strike” announcement. They are just playing a crappy hand the best way they know how, by stretching it out as far as possible.
by Jeremiah Oshan on Feb 26, 2010 2:19 PM PST up reply actions
no negotiations
that’s fine, we can go in circles for days and never agree, but I think it bears emphasizing that all this posturing isn’t getting anyone any closer to a CBA. I think what we have seen here is the cold reality that all February nothing significant was getting done, and while both sides may very well be desperate to avoid any sort of “work stoppage” that doesn’t mean they are reaching an agreement! This is what bothers me.
...that's MISTER Keller to you!!!
by malcontentjake on Feb 26, 2010 2:59 PM PST up reply actions
You're totally right there
I would certainly rather see a deal get done than not, too. But that doesn’t mean a work stoppage is around the corner, either. I guess I’m just saying that no agreement is better than knowing the season is going to get canceled. They aren’t negotiating now, but they must be planning to or else one side would have declared an “impasse.” That would have triggered a whole other set of federal rules such as the implementation of the “last best offer” which is probably better than what they have now, but obviously not to the players’ liking either. Honestly, I doubt the players strike over that either, although it still leaves the CBA unsettled and doesn’t do much to calm fans’ nerves, which seems to be the main issue here.
by Jeremiah Oshan on Feb 26, 2010 3:24 PM PST up reply actions
Time to survive
MLS needs to be around and prepared to be strong in 2011. We may think our situation is bad, wait until the Big 3 all either lockout or strike. All their CBAs expire in 2011
The longer things drag on
the more I lean toward MLS, away from the players.
I don’t know the reason for this, exactly, but I think it has something to do with the current success and strength of MLS, and its seemingly bright future (Portland, Vancouver, Montreal). It wasn’t players that got us to this point.
The players’ issues are valid; I just wonder if the time is right.
MLS is successful but
I would guess things are still shakey financially. No matter how much we tell ourselves soccer has finally made it, I don’t think it has. Not even in Seattle. I’ve worn my jersey around various places and people asked me if I was going to an Xbox convention. Not that that’s a solid measure of awareness, but you get the idea.
I guess bottom line to me is even though MLS might be finally making a profit, it’s marginal at best and the majority of teams are still losing money. I’m taking a wild stab here and assuming Seattle is profitable, but beyond that as far as I know, LA, Chicago, Toronto, Dallas, and Colorado (?) are the only other profitable teams. I don’t agree with everything the players are demanding, but of the things I do agree with, I agree with you on that this may be the wrong time to do it. Especially with the decline in attendance across the league, less Seattle’s numbers.
MLS needs to bulk up on cash reserves, and prove it to be sustainable. Releasing financial numbers would be cool too, because all we’re doing is speculating based on some old incomplete numbers from several years ago. Teams need to start making money, and we need to slowly start taking steps towards the rest of the world in terms of how leagues function.
by chrisperry1983 on Feb 26, 2010 1:13 PM PST up reply actions
When I said
“current success and strength of MLS” I did not mean that MLS was “successful” or “strong.” If I meant that, I would have said that.
What I meant was that MLS as a league is in a position that is better/stronger/more successful/more promising than at any time previous to now.
by Cornchops on Feb 26, 2010 3:41 PM PST up reply actions 1 recs
Peace
A small misunderstanding. Even so, you can see that I agree with you that the timing is wrong.
by chrisperry1983 on Feb 26, 2010 7:30 PM PST up reply actions

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