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KansasToonami

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Eugene, OR
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Lawrence , KS
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For the SoccerNation Cup... Should MLS clubs be permitted to trade the rights to players whose contracts have expired?

Bigalke said 02/21, 07:19 PM
In the wake of two recent DC United trades, I believe it is time to look at the precedent being set. With MLS losing its youth & talent to Europe at a rapid rate and high-priced "name" players being brought in, these test cases will determine the rights of MLS players.

In 1995, the European Court of Justice ruled on the rights of players to move to another club of their choosing once their contracts expire. The Bosman Rule, so named for the player who brought suit, set a precedent which allows players to become free agents if a club fails to sign them before contract expiration.

American sports fans can take heart with the concept of free agency. They can also understand trading protocol. When MLS allows its clubs to effectively take away the right of free movement from its players, it weakens its appeal to potential talent. With its talent -- including potential draft picks -- spurning the league in droves to test the market overseas, any weakening of players' rights will only accelerate the demise. If the league is forced to depend on paying top dollar to over-30 "galacticos", it will quickly perish. Don Garber & the MLS hierarchy must not allow MLS clubs to trade free agents.

KansasToonami said 02/22, 07:33 PM
I'll have to give a very simple rebuttal, and elaborate in my next two arguments...

There is a distinct discrepancy between European soccer (i.e. the heart of the Bosman ruling), as affected by the 1995 "Bosman" case, and American soccer, which while improving somewhat, is still somewhat shaky, especially in comparison to the other professional sports leagues in the United States.

From its outset in 1996, MLS took great care to avoid the mistakes of the NASL, which had become quite popular, but unsustainably so, as was proven by the NASL's eventual demise. Part of the MLS strategy to avoid going down the "NASL road" was to use the "single-entity" model, in which the league effectively functioned as a single bargaining entity.

While the "Beckham rule" has effected a noticeable change in the plan, the MLS is not quite yet at the point where it can effectively function with free agency. While some clubs have become profitable, it is essential for the league as a whole to become sustainable and not fall prey to the "free agency" excesses that doomed the NASL.

These are the general outlines of my argument; I'll be able to elaborate on them in the next two arguments.

Bigalke said 02/22, 08:00 PM
I understand that the Bosman rule has no effect on American sports leagues. There is no jurisdiction for a European Court of Justice decision on U.S. soil. That said, there is little incentive for most players to remain in MLS...

The "Beckham Rule" allows teams to blow money on aging superstars, big names to fill the seats. But the backbone of the league is its young, homegrown talent and lesser-known stars from Central & South America. These players are being disenfranchised when, after their contract has terminated with a club, they can still be used as trade bait.

A single-entity model is laudable for a nascent sports league. Pure free agency won't work under this system, certainly. Yet that should not give teams free reign to unilaterally move players cross-country... without a contract in place. If players cannot be free agents, they nonetheless still deserve the right of input into their future employment -- ESPECIALLY if a club allows their contract to expire!

MLS must make sure it has players UNDER CONTRACT beforeallowing teams to trade them. I cannot be moved between campus kitchens if I am not employed by the university... MLS players deserve this same right...

KansasToonami said 02/23, 04:04 PM
All right. I see now the complex web the MLS (and its lawyers) weave. All's fair in love, war, and law...

The crux of the whole damn thing comes down to the single-entity concept. Without that important factor, free agency makes sense. But single-entity is still there, which leads to some very interesting arguments:

http://www.associatedcontent.com/article/396531/major_league_soccer_transfer_fees_labor.html

The players have already tried once, via a federal anti-trust suit filed against MLS, USSF, and FIFA in 1997, to press the issue of collusion and assert the right to free agency. No doubt they had the Bosman case in mind when they did so. The case worked its way via appeal to the Supreme Court, which ruled in 2002 in favor of the defendants (MLS et al.).

The basis for the ruling is this:

"Here, the pertinent facts are that the founding investors of MLS created both a new company and simultaneously a new market, in effect increasing the number of competitors from zero to one. As explained above, that did not that did not represent a lessening of actual or potential competition in an existing market." At http://www.sportslawnews.com/archive/Court%20Rulings/MLSDecision.htm

Bigalke said 02/23, 04:49 PM
This isn't, however, a matter of where the law CURRENTLY stands. This is an ethical issue of whether an employer has the right to go beyond the boundaries of a contract. Where is the incentive for clubs to responsibly resign their players if they are allowed to simply trade the rights of those players away who are not under contract?

I understand the single-entity model under which MLS operates. This is no different than any other corporation with multiple headquarters. Yet one glaring distinction between MLS and other corporations is that, once an employee's contract is up at a hotel or a brokerage firm or any other corporation, their rights are their own. Under current MLS practices, these players are still bargaining chips... even WITHOUT any binding contract permitting such facts...

While there is no legal requirement to implement free agency, there is nonetheless the need to respect the rights of those players who are not under contract. Players are human beings, also, and deserve the same rights as upper management. MLS may not legally have to deal with the problem, but it is a problem. The league should NOT allow its clubs to trade players not under contract...

KansasToonami said 02/23, 06:05 PM
The key distinction made here is these are their *MLS* rights. If the players are wanted by clubs in other countries (and I presume other leagues within the U.S., meaning the lower levels such as the USL), they are free to sign new contracts with those clubs. They are *not*, however, free agents *within* the MLS. That is, their "MLS rights" have been traded--or more accurately, reassigned with headquarters' approval--from one "branch office" to the next. Or within departments within the company. Or from the student union cafeteria to the faculty union cafeteria. Or here's a severe--but apt--comparison: from one military base to another.

The crucial point is *as long as they seek employment within that entity*. Again, if their contracts are up, they are free to seek employment elsewhere, and can still do so. But if they "re-up" (to use the military analogy): if they want to sign a new contract with MLS, they are still required to go where they are "assigned". That is the way the league has functioned since its inception.

As the court decision noted, the players are not obliged to play in MLS. But if they "re-up" with MLS they are obliged to honor their terms of employment.

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Hey now Toonami!

jeevs opted out of his right to battle me for the SoccerNation Cup... it is now your right as next on the totem pole to try to wrest the trophy from my fingers. If you win, I will alter the Cup as you see fit... If I win, well -- I guess bring on the next challenger, eh? Hope you accept, & let's have a great soccer throwdown!

Bigalke | 02/21/08, 07:21 PM

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For the SoccerNation Cup... Should MLS clubs be permitted to trade the rights to players whose contracts have expired?

Bigalke beat KansasToonami 10 to 3

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