A full MLS season remains still mathematically possible and the league is not planning any player furloughs at this time, according to a source. That news comes as the league is reportedly beginning discussions with the MLSPA about significant salary cuts amid the pandemic. ESPN first reported the news. If no more matches are played this year, players would still earn at least 50% of their salaries, and if no fans are allowed in venues, that could also cut salaries further. Sources said that conversations between the league and union date back to at least more than a week ago. A source with knowledge said that the league last week had a meeting with the union and six-player executive board, who then discussed the call’s substance with the MLS player reps. MLS confirmed the salary discussions in a statement, saying, “We are in discussions with our players about changes to player compensation due to the financial impact on the league and our clubs from the COVID-19 crisis." As part of the statement, the league also extended its moratorium on regular season matches to June 8.
NO FORCE MAJEURE CLAUSE: Another issue includes the new CBA agreed to in principle in early February, which has not yet been ratified. The CBA also does not include any force majeure clause, which would allow the league to unilaterally stop paying players. Former NFL legal counsel and Brooklyn Law School associate professor Jodi Balsam explained that if the league wishes to implement salary cuts, as it does here without a force majeure clause, “MLS would still need to bargain to a good faith impasse.” If after negotiating and both sides couldn’t come to an agreement, for example, Balsam mentioned that there’s a very narrow labor law exception to bargaining in good faith called the economic exigency rule. Said Balsam: “If MLS could demonstrate that there are unprecedented external events [like COVID-19] beyond an employer’s control, the employer can unilaterally without bargaining implement business-saving practices.” Balsam cautioned that should MLS wish to try to implement salary reductions unilaterally, the league “can’t over reach or exploit the unprecedented event.” In other words, if MLS demanded any pay cuts going forward for the five-year term, “that’s questionable,” according to Mechelle Zarou, a labor and employment law attorney at Shumaker, Loop & Kendrick in Toledo, Ohio. Added Zarou: “That plays into the assessment of if there’s good faith.” If that occurred, it's possible the union might have grounds to file a charge with the NLRB.
TIME TO EXPERIMENT: Longtime soccer analyst Alexi Lalas noted the "uncharted territory" that MLS, and other leagues, are working in right now gives officials an "opportunity to do some things differently." Lalas appeared on the debut of FS1's "Fox Indoor Soccer" yesterday and said, "Maybe what comes out of it are some things that we didn't even know we wanted, that we didn't know we loved. You throw some stuff at the wall, some of it’s going to stick. But ultimately, just because this is unprecedented times doesn't mean 2020 can't feature something that ultimately ends up being unique and entertaining."
