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- Rule would permit teams to exceed salary cap by up to US$1m for players that meet commercial or sporting criteria
- NWSL insists mechanism is crucial to keeping players from going overseas
- NWSLPA also has active grievance against league for vetoing Trinity Rodman’s contract offer
The National Women’s Soccer League Players Association (NWSLPA) has submitted a grievance against the National Women’s Soccer League’s (NWSL) proposed rule that aims to help the league keep its biggest stars.
Last month, the NWSL announced it would enact the ‘High Impact Player (HIP)’ rule from next July. The mechanism would enable each club to surpass the US women’s soccer league’s salary cap by up to US$1 million for players that meet one of a list of sporting and commercial criteria.
The list of criteria chosen by the league includes being shortlisted for the Ballon d’Or, minutes played for the US women’s national team (USWNT), and being featured in SportsPro’s 50 Most Marketable Athletes ranking.
The NWSLPA have now filed a grievance against the league opposing the rule, claiming that it violates both the terms of the collective bargaining agreement (CBA) and federal labour law.
In a statement, the union said it was “seeking immediate rescission of the HIP Rule, an order requiring the league to bargain in good faith over any proposed player compensation rules prior to implementation, and to make-whole relief for any players impacted by the league’s unilateral actions.”
“This was a unilateral decision by the league to change how a player’s fair market value is evaluated,” said Meghann Burke, executive director of the NWSLPA.
“We agree that increasing investment in player compensation is necessary to remain competitive in the global labour market. The solution is straightforward and collectively bargained by raising the salary cap.
“What the league cannot do is invent a parallel pay system outside the salary cap that was never negotiated, then limit access to compensation through league-controlled criteria that excludes some players.”
The league has since responded by noting the new mechanism was essential to keep its stars from departing for other clubs outside the US.
“It is critical to the growth and health of the NWSL that its teams have the ability to compete on the international stage for talent with the biggest soccer clubs in the world,” the NWSL spokesperson told ESPN.
“The HIP Rule is a targeted mechanism that unlocks compensation for all players across the roster while giving NWSL teams the ability to sign athletes who exhibit the world-leading skill and ability to raise the competitive and commercial profile of the league.
“We disagree with the NWSLPA’s assertions challenging the NWSL’s ability to implement the HIP Rule. The NWSL has fully complied with the CBA and federal law and we will defend those positions in our collectively-bargained grievance process.”
The NWSL’s proposal was announced amid speculation that Washington Spirit forward Trinity Rodman, one of its stars, had reportedly received lucrative offers from European clubs. A multi-year contract proposal from the Spirit, which would have backloaded payments for later seasons, was vetoed by the league, which believed the structure attempted to circumvent the salary cap.
Subsequently, the NWSLPA filed a grievance against the league on behalf of Rodman, accusing the league of committing a “flagrant violation” of her free agency rights and at least five sections of the CBA.
This filing remains open and is pending a resolution, with the CBA dictating the league is required to issue a written response sustaining or denying the union’s grievance.
SportsPro says…
Once the envy of women’s club soccer, the NWSL now finds itself in a battle to retain its biggest names. Should Rodman depart, she would join a number of US internationals who have moved to Europe, including Alyssa Thompson, Naomi Girma and most recently, Sam Coffey.
The idea of implementing a salary cap ensures teams can spend evenly on their player rosters, which is designed to create a competitive competition. However, it has meant clubs have been less able to match lucrative offers from European outfits who don’t have the same spending restrictions.
The NWSL feels the HIP rule can keep its biggest talents stateside by providing greater financial rewards. However, the NWSLPA believes the league should provide greater pay for every player, rather than rewarding those with greater commercial profiles.
By filing a grievance, the league will have to justify the new rule in writing. Should a grievance committee, which consists of one representative appointed by the league and one by the players’ association, fail to reach a resolution, the dispute could go to arbitration.
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