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MLSPA's Foose Says MLS Could Use Clause To Force CBA Renegotiation

MLSPA Exec Dir Bob Foose said invoking the force majeure clause "would be a mistake"GETTY IMAGES

MLSPA Exec Dir Bob Foose said that there are "fears that MLS could invoke a clause" included in the reworked CBA that "would essentially allow the league to withdraw from the deal and renegotiate if adverse economic conditions exist," according to Anne Peterson of the AP. MLS and the union reached a new five-year CBA in early February, but it "had not been ratified when the season was put on hold." The two sides "renegotiated the deal in June" ahead of the MLS is Back tournament, "agreeing to a new one that included across-the-board pay cuts and reduced bonuses." But Foose said invoking the force majeure clause “would be a mistake.” He added, "The force majeure clause was added to the CBA at a time when we didn’t have any idea what 2021 was going to look like, and it was intended to be used in the event of a catastrophic impact on the league’s ability to conduct its business at that point.” LAFC MF Mark-Anthony Kaye said that a "third contract negotiation would be detrimental to the league." Kaye: “If we go into another situation like that, there’s going to be guys around the world who are going to look at this and be like, we don’t want to come to MLS because it’s too exhausting having to do something like that" (AP, 12/11).

MANY PLAYERS TESTED POSITIVE: Foose said that "'almost 20%' of MLS players contracted COVID-19 over the course of the season." MLS "did not immediately respond" to a request for comment on the figure. ESPN.com's Jeff Carlisle noted 20% "would mean about 150 players tested positive." The league's protocols "called for several tests to confirm cases." Some of the league's players also tested positive "only after international duty" (ESPN.com, 12/10).

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