NWSLPA seeks 'immediate recession' from the NWSL over the 'High Impact Player Rule'

The National Women's Soccer League (NWSL) announced the new "High Impact Player (HIP) Rule" that would allow teams in the league to spend up to $1 million over the salary cap on certain players, provided they meet the criteria created by the league's board. On Wednesday, the National Women's Soccer League Players Association (NWSLPA) announced that they have filed a grievance against the league, stating that the NWSL's creation of the HIP rule violates the terms of the collective bargaining agreement and federal labor law. 

This is the second grievance filed by the NWSLPA, the first sent on behalf of the Trinity Rodman situation, where the league denied the contract between Rodman and the Washington Spirit, otherwise an agreed-upon solution to keep Rodman in the NWSL after her contract expired on Dec. 31, making her currently a free agent. 

The NWSLPA filed a grievance stating that the NWSL's rejection of the deal between Rodman and the Spirit was a "flagrant violation" of her free agency, in addition to at least five sections of the CBA.

“This was a unilateral decision by the League to change how a Player's fair market value is evaluated,” Meghann Burke, Executive Director of the NWSLPA, said on Wednesday.

“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." 

The NWSLPA 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."

The grievance was filed pursuant to Article 18 of the Collective Bargaining Agreement.

“We agree that growing investment in Players is important for the league’s future. But lasting progress requires a clear, shared process with Players involved. That’s how you build a market that is stable and fair,” said Tori Huster, Deputy Executive Director of the NWSLPA.

On Wednesday, a spokesperson from the NWSL told ESPN, "We disagree with the NWSLPA's assertions challenging the NWSL's ability to implement the HIP Rule. The NWSL has fully complied with the CBA and federal law and we will defend those positions in our collectively-bargained grievance process."

Following the terms of the CBA, the NWSL was required to issue a written response sustaining or denying the union's grievance in the first case, and it will now be required to do the same again. 

The next steps require the grievance committee to review the matter, and that includes one representative from the league and one from the NWSLPA. Following no resolution there, it would go to arbitration.

The league has 14 days from the date of any players' association grievance filing, and the initial grievance on Rodman's situation has an extended deadline. The most recent one, filed on Jan. 12 must be agreed upon or denied in writing by Jan. 26.