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The NWSL Players Association officially filed a grievance against the league this week calling for the “immediate rescission” of the newly introduced High Impact Player rule.
It is the second grievance filed by the union against the league in less than two months. The first was filed on behalf of United States forward Trinity Rodman, who is still a free agent, following the league’s rejection of a contract agreed to between Rodman and the Washington Spirit.
In the latest grievance filed by the NWSLPA, the union argues that the “unilateral implementation” of the High Impact Player rule was done “without bargaining and in violation of the Collective Bargaining Agreement (CBA) and federal labor law.”
The NWSLPA has instead proposed that the league raise the salary cap by $1 million, the same amount of additional money that it would allow each team to spend under the proposed HIP rule.
“This was a unilateral decision by the league to change how a player’s fair market value is evaluated,” NWSLPA executive director Meghann Burke said. “We agree that increasing investment in player compensation is necessary to remain competitive in the global labor 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.”
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Under the proposed HIP rule, teams could spend up to $1 million over the salary cap on certain players who meet one of a set list of criteria. The goal is for that additional money to target players who are elite on the field and highly marketable off the field.
The NWSLPA has argued since even before the official announcement of the rule that the proposal is flawed and exclusive, and that general managers and sporting directors should be trusted to spend additional money wisely.
As the rule stands, there are odd quirks that exclude players who logically should qualify for the HIP money, as The Equalizer detailed in December.
The league must now respond in writing to this second grievance within 14 days. Both grievances could drag on for the foreseeable future if they enter arbitration.
“We agree that growing investment in players is important for the league’s future,” NWSLPA deputy executive director and former player Tori Huster said. “But lasting progress requires a clear, shared process with players involved. That’s how you build a market that is stable and fair.”
In a statement, the NWSLPA said it “is 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.”
Rodman is still a free agent. The HIP rule was discussed by NWSL owners before December, but its approval became urgent recently as the league sought a solution for Rodman to stay in the NWSL and with the Washington Spirit.
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