Players Score Big in NWSL Collective Bargaining Agreement

The National Women’s Soccer League (“NWSL”) gained major points on August 22, 2024, when they reached a Collective Bargaining Agreement (“CBA”) with the National Women’s Soccer League Players Association (“NWSLPA”).[2] In the coming years, this historic deal will have implications that affect both professional women's soccer in the United States as well as the international stage. Most importantly, for the first time in American professional sports, there will be no draft, nor trades, without a player’s consent.[3]

Setting the (International) Stage

With these new rules, the NWSL hopes to gain more prestige on the international stage and attract top international talent that have recently eluded them.[4] In the 2023 Women’s World Cup, the Women’s Super League (“WSL”) in England had the most players compete in the international tournament.[5] The decline of top international talent in the NWSL can be seen most prominently amongst the lack of Australia players.[6]

In 2019, approximately half of the Australian Women’s International team played in the NWSL, now only four play there.[7] Further, when it comes to individual accolades, since the creation of the women’s Ballon d’Or, all but one of the winners played in an European league.[8] With more club security in the NWSL, more international stars should want to play here.

Bye-Bye Draft

With this agreement, the NWSL became the first professional sports league in the United States to eliminate the draft.[9] American soccer players no longer have to play in collegiate athletics to maximize their chances of playing with a professional soccer team in the United States.[10] NWSL clubs will now approach signing players in a way that will foster a more personal relationship between the club and player.[11]

Rather than enter the draft and be forced to play for a club they have little to no ties with, players will now be allowed to choose where they see their future.[12] Clubs will have to work hard to recruit players to join their team by presenting them competitive offers.[13] The NWSL appears to be seeking to foster the relationship that many overseas clubs have with their players. A relationship where players choose to stay with their club, like Aitana Bonmatí who chose to stay with FC Barcelona Feminine despite being presented with more lucrative offers elsewhere.[14]

No Trades Without Her Say

Trading players without their consent is a staple among American professional leagues, however, this is a foreign concept to many other professional leagues around the world.[15] Prior to this CBA, while some general managers would consult with players to find a solution that works for everyone, that was a privilege, not the standard.[16] In the event of a trade, players could have their lives uprooted with no notice.[17] Players would be forced to pack up their bags, family, and move to a new team, regardless of their opinions on the trade or their willingness to move.[18]

The NWSL will now require players’ consent before being traded to a new team.[19] This protects players by allowing them to have some control over the trade process.[20] Now, the player’s current team, the player, and the new team would all need to mutually consent to the trade.[21] The need for players’ consent to be traded is a major step towards players feeling more secure and connected with the team they play for.[22] This should help players develop a deeper relationship amongst the club, teammates, and fanbase.

Girls Just Wanna Have a Say

The new trade structure in the NWSL, coupled with the elimination of the draft, should attract more talent from overseas. Particularly, more established players, initially attracted to the financial rewards of the league, now won’t fear the risk of being traded from the club they chose.[23] These established players should help raise the elite level of play throughout the league and broaden its fanbase.[24]

Further the new trade structure should allow the NWSL to attract young international talent. Young international athletes are concerned about choosing where to start their careers, rather than having a draft or trade make that decision for them.[25] Therefore, many players defaulted to leagues with no drafts and non-consensual trade structures where they had more leverage, such as the English Women’s Super League, German Frauen-Bundesliga, or Spanish Liga F.

[26] With the opportunity to now choose their club and the possibility of remaining there without the fear of a nonconsensual trade, more young talented international players will want to launch their careers in the NWSL along with more young American players choosing to stay here.[27]

Management’s Thoughts

Most of the NWSL clubs have not voiced their opinions on the new CBA, but anonymous surveys have displayed mixed concerns.[28] Several general managers wanted to keep the draft to receive players without transfer fees or to at least have a tradeable asset.[29] Those against the draft saw its elimination as the NWSL’s progression towards becoming more competitive and attract college talent that would be swayed towards the European leagues.[30] As to players’ consent being needed for trades, general managers across the league have remained silent on how they think it would affect their clubs.

Elimination of the draft and trading players without their consent are only two of the major policy changes the NWSL has implemented due to the CBA.[31] The league hopes these policy changes return them to the same level as other professional women’s soccer leagues globally. This should entice current players to stay, while also attracting more international players to help expand the league’s fans and viewership.[32]

MARION GUNPAT (staff writer) Is a 2L at Villanova University Charles Widger School of Law originally form Queens N.Y. She is an avid New York sports fan, along with following international soccer. Her interests include intellectual property, contract negotiations, and international law.

References:

[1] Photo by Javi Magdiel Fernandez on Flickr. https://www.flickr.com/photos/129091028@N06/52454299150/in/album-72177720303170697

[2] NWSL AND NWSLPA AGREE TO HISTORIC COLLECTIVE BARGAINING AGREEMENT TWO YEARS AHEAF OF EXPIRATION, NWSL (Aug. 27, 2024), https://www.nwslsoccer.com/news/nwsl-and-nwslpa-agree-to-historic-collective-bargaining-agreement.

[3] Jeff Carlisle, NWSL, players agree on new CBA with no draft, better pay, expanded leave, ESPN (Aug. 22, 2024), https://www.espn.com/soccer/story/_/id/40945371/nwsl-players-agree-cba-no-draft-expanded-leave.

[4] Chris Deubert, New NWSL CBA Furthers Competitive Advantage Over Rival Super League, Forbes (Sep 6, 2024), https://www.forbes.com/sites/chrisdeubert/2024/09/06/new-nwsl-cba-furthers-competitive-advantage-over-rival-super-league/

[5] Sophie Lawson, Where the Women’s World Cup stars play club football, ESPN (Sep 9, 2023), https://www.espn.com/soccer/story/_/id/38328412/women-world-cup-2023-players-clubs-wsl-nwsl-liga-f-ligue-1.

[6] Isobel Cootes, Meet the seven Aussies in the NWSL in 2024, Optus Sport (Aug 24, 2024), https://sport.optus.com.au/news/nwsl/os78293/seven-aussies-nwsl-2024-season-four-matildas.

[7] Id.

[8] Sebastian Mikkelsen & Nischal Schwager-Pater, Football: Ballon d’Or - Complete list of winners including Lionel Messi, Cristiano Ronaldo and Alexia Putellas (Oct 28,2024) https://olympics.com/en/news/ballon-d-or-winners-messi-ronaldo-zidane-complete-list

[9] Maria Howell, What college soccer fans need to know about the NWSL eliminating the draft, NCAA (Sep 15, 2024), https://www.ncaa.com/news/soccer-women/article/2024-09-15/what-college-soccer-fans-need-know-about-nwsl-eliminating-draft.

[10] Sean Gregory, Why Women’s Soccer Ditched Its Draft (August 22, 2024), https://time.com/7014141/nwsl-women-soccer-collective-bargaining-agreement-draft/

[11] Sandra Herrera, NWSL’s college draft eliminated with new CBA: What happens next and what does it mean for prospects? (Aug 22, 2024) https://www.cbssports.com/soccer/news/nwsls-college-draft-eliminated-with-new-cba-what-happens-next-and-what-does-it-mean-for-prospects/

[12] Tom Kludt, National Women’s Soccer League Eliminates Draft in Historic New Agreement (Aug 22, 2024) https://www.vanityfair.com/news/story/national-womens-soccer-league-agreement-draft?srsltid=AfmBOor2yiZ-KduqhHN5Z1B1aJDYo9nyf0TGwyUh3xddHrhBL_NInv59

[13] Tom Kludt, National Women’s Soccer League Eliminates Draft in Historic New Agreement, Vanity Fair (Aug 22, 2024), https://www.vanityfair.com/news/story/national-womens-soccer-league-agreement-draft.

[14] Her Football Hub, Aitana Bonmatí signs new contract with Barcelona, yahoo!sports (Sep 21, 2024), https://sports.yahoo.com/aitana-bonmat-signs-contract-barcelona-210600642.html.

[15] Christopher Deubert, New Women’s soccer CBA furthers competitive advantage over rival super league, Constangy Brooks, Smith & Prophete LLP (Sep 10, 2024), https://www.constangy.com/employment-labor-insider/new-womens-soccer-cba-furthers-competitive-advantage-over-rival-super-league.

[16] Jeff Kassouf, NWSL GM survey: League execs on draft, USWNT, rule-breaking, more (Sep 10, 2024), https://www.espn.com/soccer/story/_/id/41089452/nwsl-gm-survey-league-execs-draft-uswnt-rule-breaking-more

[17] Id.

[18] ESPN, New NWSL deal a ’relief and joy’ Players Association boss says (Aug 28, 2024) https://www.espn.com/soccer/story/_/id/41024777/new-nwsl-deal-relief-joy-players-association-boss-says

[19] NWSL AND NWSLPA AGREE TO HISTORIC COLLECTIVE BARGAINING AGREEMENT TWO YEARS AHEAD OF EXPIRATION. supra.

[20] Id.

[21] Id.

[22] Jeff Carlisle, NWSL, players agree on new CBA with no draft, better pay, expanded leave, ESPN (Aug. 22, 2024), https://www.espn.com/soccer/story/_/id/40945371/nwsl-players-agree-cba-no-draft-expanded-leave.

[23] Leslie Picker and Ritika Shah, NWSL eliminates draft, grants unrestricted free agency to players, CNBC (Aug 22, 2024), https://www.cnbc.com/2024/08/22/nwsl-eliminates-draft-grants-unrestricted-free-agency-to-players.html.

[24] Jonathan Wilson, "It's important we attract the best: Inside the NWSL‘s groundbreaking deal that abolishes the draft” (Aug 22, 2024), https://www.theguardian.com/football/article/2024/aug/22/nwsl-new-cba-2024-abolish-draft-jessica-berman-interview

[25] Henry Bushnell, The NWSL confronts a looming obstacle: its Americaness, yahoo!sports (Mar 23, 2023), https://sports.yahoo.com/the-nwsl-confronts-a-looming-obstacle-its-americanness-193638696.html.

[26] Id.

[27] Id.; Tom Kludt, National Women’s Soccer League Eliminates Draft in Historic New Agreement (Aug 22, 2024) https://www.vanityfair.com/news/story/national-womens-soccer-league-agreement-draft?srsltid=AfmBOor2yiZ-KduqhHN5Z1B1aJDYo9nyf0TGwyUh3xddHrhBL_NInv59

[28] Jeff Kassouf, NWSL GM survey: League execs on draft, USWNT, rule-breaking, more (Sep 10, 2024) https://www.espn.com/soccer/story/_/id/41089452/nwsl-gm-survey-league-execs-draft-uswnt-rule-breaking-more

[29] Id.

[30] Id.

[31] Jeff Kassouf, Inside the NWSL’s new CBA: Free agency, revenue sharing, more (Sept 24,2024) https://www.espn.com/soccer/story/_/id/41400681/nwsl-2024-cba-draft-free-agency-charter-flights-health-coverage-revenue-sharing

[32] Id.