NWSL Players Association Wins Critical Arbitration On Free Agency

An arbitrator ruled in favor of the National Women’s Soccer League Player Association on Monday that 22 Players with 6 or more NWSL service years and contracts that expire on December 31 were, in fact, eligible for free agency dating back to the start of the league’s free agency window on August 26.

The dispute centered not over free agency itself, but whether players with six years of service, but whose current teams also held a player option, would be eligible for free agency. The arbitrator ruled that they are.

The resulting offseason ahead will get significantly wilder, with everyone from Tobin Heath to Debinha to Christine Sinclair now free to pursue their own teams. But as the PA made clear in its statement following this victory, the very fact that there was such a process in place was a significant victory for the players as well.

“The grievance and arbitration procedure that is contained in the Collective Bargaining Agreement is, itself, a win for collective bargaining,” the PA said in its statement. “Through this process, the NWSL and the NWSL Players Association agree to submit issues where we cannot reach agreement to a jointly selected, impartial arbitrator. The grievance and arbitration procedure is a fair, collectively bargained mechanism that provides finality and instills confidence in the outcome.”

Another key takeaway from this decision is the tone utilized by NWSL commissioner Jessica Berman. Far from an adversary, she sounded like a partner when speaking on the decision Monday afternoon.

““I am proud of the manner in which the parties used the arbitration procedure,” said NWSL Commissioner Jessica Berman. “This was an honest and respectful disagreement, and we utilized the dispute resolution mechanism in our collective bargaining agreement which is fair and impartial. Thanks to our labor agreement all parties can make their case to an independent and neutral third-party and respect the decision.”

The players affected are: Lauren Barnes, Katie Bowen, Danielle Colaprico, Jaelene Daniels, Debinha, Vanessa DiBernardo Makenzy Doniak, Morgan Gautrat, Tobin Heath, Rachel Hill, Kaitlyn Johnson, Estelle Johnson, Domi Richardson, Katelyn Rowland, Sophie Schmidt, Christine Sinclair, Meredith Speck, Jasmyne Spencer, Nicole Stanton, Jodie Taylor, Arin Wright and McCall Zerboni.

If that promises a fun offseason ahead, it’s only the beginning in NWSL — come August 2023, every player with at least five years of service can elect free agency, while those with three years of service can choose restricted free agency — that is, they can sign elsewhere, but their current team can match that offer and keep them.

Players can re-sign with their own teams this fall. Beginning November 15, they can sign with new teams.

In other words: buckle up.