{"id":31453,"date":"2020-12-30T08:00:07","date_gmt":"2020-12-30T13:00:07","guid":{"rendered":"https:\/\/lastwordonsports.com\/soccer\/?p=31453"},"modified":"2020-12-30T00:47:58","modified_gmt":"2020-12-30T05:47:58","slug":"mls-plans-to-invoke-cbas-force-majeure-clause","status":"publish","type":"post","link":"https:\/\/lastwordonsports.com\/soccer\/2020\/12\/30\/mls-plans-to-invoke-cbas-force-majeure-clause\/","title":{"rendered":"MLS Plans To Invoke CBA\u2019s Force Majeure Clause"},"content":{"rendered":"

EDITORIAL<\/strong> – The MLS Players Association was informed by Major League Soccer that it plans to invoke the force majeure clause of the collective bargaining agreement, ESPN reports<\/a>. This move to invoke the CBA\u2019s force majeure clause forces the MLSPA and MLS back to the bargaining table to renegotiate the agreement reached in June<\/a>, which was supposed to last until 2025.<\/p>\n

MLSPA Forced To Renegotiate Due To CBA\u2019s Force Majeure Clause Added In June<\/h1>\n

A force majeure clause is a clause included in a contract that releases both parties from liability if an act of god occurs that renders performance of that contract impossible. For example, a transport ship being unable to sail because it caught fire<\/a> before its voyage, or in this case a global pandemic.<\/p>\n

When the MLSPA and MLS agreed upon a framework for a new CBA in February of 2020, it did not include a force majeure clause<\/a>.<\/p>\n

However, due to COVID-19, that agreement was never ratified.<\/p>\n

Unfortunately for the players, this meant that they were able to be forced back to the negotiating table. The negotiations did not go well for the players, who lost close to $150 million in wages and bonuses<\/a>, including a 5% pay cut<\/a> for all players for the 2020 season.<\/p>\n

Worse, although no previous CBA in MLS history included one, the league insisted on adding a force majeure clause. And not just any generic force majeure clause, which usually accounts for \u201cacts of god\u201d such as famines and war.<\/p>\n

What Does The CBA’s Force Majeure Clause Actually Say?<\/h2>\n

The CBA\u2019s force majeure clause allows the MLS to terminate the agreement with 30 days notice if an event or condition \u201cmakes it impossible for the (league) to perform its obligations under the CBA, frustrates the underlying purpose of the CBA (or) makes the CBA economically impracticable<\/a>.\u201d The NBA has a similar clause<\/a>.<\/p>\n

Essentially if at any point it didn\u2019t appear that the MLS would make enough money in 2021, they can tear up the CBA with 30 days notice.<\/p>\n

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ELI5: MLS invokes "in case of emergency, break glass" clause they added to the June CBA to renegotiate it or tear it up because the league doesn't think they'll make enough money in 2021, which they can legally do. #MLSPA<\/a> #CBA<\/a><\/p>\n

— The MLSquire (@kevinrjensen) December 30, 2020<\/a><\/p><\/blockquote>\n