The first-ever NWSL free agency window is off to a rocky start.
On Thursday, just one day before the league window for free agency officially opens, the NWSL Players Association announced an intention to take the league to expedited arbitration over a dispute concerning the free agency rights of 22 players that the NWSLPA says were denied by the league.
“This is a significant milestone for the NWSL. The opening of the free agency window should be a celebration of the best our league has to offer,” said the NWSLPA in an official statement. “Instead, the NWSL has marred this moment by denying free agency rights to 22 players with, collectively, 175 years of service to NWSL. Four of these players – Lu Barnes, Christine Sinclair, Jasmyne Spencer, and McCall Zerboni – have played every single season of NWSL’s existence.”
The dispute boils down to the interpretation of whether a contract with a club-held option year has expired before or after the option year is exercised. In essence, the NWSLPA maintains that an option year is a method to extend the terms of the deal rather than part of the deal itself. The NWSL says that the players with option years have not played out the full length of their contract yet, and therefore wouldn’t meet the free agency requirement.
“The Players Association filed a grievance immediately to enforce these players’ rights to free agency. Once the NWSL formally denies the Players Association’s grievance, the Players Association intends to move to expedited arbitration,” wrote the NWSLPA in a statement sent to media.
In a release of their own, the NWSL acknowledged the dispute and said arbitration would come in September.
“Based on the league’s interpretation of its agreement with the NWSLPA, players who have option-years on their contracts held by their respective clubs are not eligible for free agency until and unless the option year(s) is not exercised by the club which will occur by no later than November 15, 2022,” read the league statement. “The NWSLPA has a different point of view and the parties will be the subject of the arbitration process in the collective bargaining agreement between the NWSL and the NWSLPA in September.”
In the official collective bargaining agreement between the NWSLPA and NWSL, the rules regarding 2023 free agency are as follows (the term “SPA” stands for Standard Player Agreement):
Section 13.5 – Free Agency: Commencing with the 2023 League Season, Free Agency is available for any Player whose SPA is expiring and who has at least six (6) NWSL Service Years. … Players who will become eligible commencing in the next League Season may begin negotiating a new SPA after the Roster Freeze date of the prior year. “Free Agency” permits the Player to select a Team for the purposes of negotiating a new SPA (to commence after the expiration of any then-current SPA) and to which the Player’s rights would be assigned, as set forth in this Agreement, regardless of which Team then-currently holds such Player’s rights.
According to the NWSLPA, 47 players should be eligible for free agency when the window opens on Friday. However, the NWSL has rejected nearly half of that group.
“These are the players who have built this league, and on whose shoulders future generations will stand,” the NWSLPA statement concluded. “Our veterans fought for the NWSL’s future. Now it’s time for us to fight for theirs. We look forward to being heard at arbitration.”
Potential 2023 NWSL free agents
(note: Players listed in italics are those whose status is being disputed by the NWSLPA and NWSL. Also, Julie Ertz appears on the NWSL’s list, but not the NWSLPA’s)
10 service years: Lauren Barnes, Nicole Barnhart, Tori Huster, Kelley O’Hara, Toni Pressley, Megan Rapinoe, Becky Sauerbrunn, Christine Sinclair, Jasmyne Spencer, McCall Zerboni
Nine service years: Amber Brooks, Vanessa DiBernardo, Kristen Edmonds, Estelle Johnson, Domi Richardson, Nikki Stanton, Erika Tymrak, Kealia Watt
Eight service years: Allysha Chapman, Danielle Colaprico, Elizabeth Eddy, Julie Ertz, Morgan Gautrat, Tobin Heath, Katelyn Rowland, Desiree Scott, Arin Wright
Seven service years: Katie Bowen, Jaelene Daniels, Makenzy Doniak, Cali Farquharson, Brittany Ratcliffe, Abby Smith, Taylor Smith, Havana Solaun, Meredith Speck, Jodie Taylor
Six service years: Debinha, Meggie Dougherty Howard, Mandy Freeman, Rachel Hill, Katie Johnson, Cheyna Matthews, Yuki Nagasato, Ifeoma Onumonu, Sophie Schmidt, Michele Vasconcelos, Marta Viera da Silva
[lawrence-related id=6380,4642,4645]