Judge: US women's soccer team has no right to strike

[rooster59]

Judge: US women's soccer team has no right to strike

MICHAEL TARM, Associated Press
ANNE M. PETERSON, Associated Press


CHICAGO (AP) — A federal judge in Chicago ruled Friday that the world champion U.S. women's soccer team does not have the right to strike to seek improved conditions and wages before the Summer Olympics, seeming to end the prospect of an unprecedented disruption by one of the most successful American national teams.

The case pits the team's union, the U.S. Women's National Soccer Team Players Association, against the Chicago-based governing body, the U.S. Soccer Federation, which sued to clarify the strike issue. U.S. District Judge Sharon Johnson Coleman's written ruling says the team remains bound by a no-strike clause from earlier agreements with the federation.

The federation warned that a strike could have forced the women's team, which is seeking its fourth straight Olympic gold medal in Rio de Janeiro, to pull out of the Games and said that would have hurt U.S. soccer as a whole.

The union wanted the option of striking, though it hadn't said definitively that it would strike.

The lawsuit focused on strike rights is related to a complaint filed by five players in March with the federal Equal Employment Opportunity Commission that alleges wage discrimination by the federation. Friday's ruling does not directly impact that complaint.

U.S. stars Hope Solo, Alex Morgan, Carli Lloyd, Becky Sauerbrunn and Megan Rapinoe say they are paid far less than their counterparts on the men's national team. U.S. Soccer says that's misleading, including because the men and women are paid differently under separate collective bargaining agreements.

During oral arguments before Coleman last week, the federation said a collective bargaining agreement for all purposes remains in effect until Dec. 31, while the union says any such agreement has already expired.

The union didn't immediately address whether it would appeal Coleman's decision, but in a statement to The Associated Press, the union's executive director, Richard Nichols, said the ruling didn't affect wider grievances.

"To be clear, the court's ruling today does not negate the fact that U.S. Soccer does not fairly compensate the Women's National Team, or in any way impact the players' demands for equal pay for equal work," he said.

In her 13-page ruling, Coleman said the union didn't convince her that terms of an earlier collective bargaining agreement — including a no-strike clause — did not carry over when the sides signed a memorandum of understanding seeking to clarify contractual terms in 2013. Coleman was dismissive of union arguments that a no-strike provision should have been spelled out explicitly in the memorandum.

"Federal law encourages courts to be liberal in their recognition and interpretation of collective bargaining agreements, so as to lessen strife and encourage congenial relations between unions and companies," she wrote. "A collective bargaining agreement may be partly or wholly oral and a written collective bargaining agreement may be orally modified."

U.S. Soccer issued a brief statement saying officials were "pleased with the Court's decision and remain committed to negotiating a new (collective bargaining agreement) to take effect at the beginning of next year."

The two sides have continued to meet in a bid to agree to a new collective bargaining deal. If a new agreement is not reached by Dec. 31, the players would then have a clear right to strike.

Federation lawyer Russell Sauer Jr. said during oral arguments that a no-strike clause is implied in the still-valid memorandum of understanding. A lawyer for the union balked, saying the federation failed to secure a no-strike clause in writing and cannot argue now that such a provision is implied.

Asked by the judge why the federation did not insist on a no-strike clause in the memorandum, federation lawyer Amy Quartarolo said it was made clear in emails and other communications that a no-strike provision in previous CBAs carried over into the 2013 agreement. In her ruling, Coleman largely agreed with that contention.

The Olympics, for which the women's team qualified earlier this year, start Aug. 5 in Brazil. The women's team won the 2015 World Cup with a 5-2 victory over Japan in Canada.

Before Friday's ruling, the union hadn't formally identified grievances that could have led its members to strike. Many players, however, have voiced concern over gender equity in soccer. Some pointed to the comparatively hard artificial turf the women had to play on in Canada while the men's World Cup was played on natural grass.

Before the World Cup, a number of players protested over the artificial turf, with Abby Wambach leading a group that filed a complaint in a Canadian court.

-- (c) Associated Press 2016-06-04

[Mosha]

What's the judge going to do, force them to kick the ball?

Sent from my SMART_4G_Speedy_5inch using Tapatalk

[neverdie]

What's the judge going to do, force them to kick the ball?

Sent from my SMART_4G_Speedy_5inch using Tapatalk

There's a few little hotties in there, maybe he intends to bend them over and give them one on the backside.

[1weatherman]

Don't know about the bending over the backside as he is a she. Sharon Johnson Coleman is a judge on the United States District Court for the Northern District of Illinois. She was nominated by President Barack Obama on February 24, 2010, and confirmed by the U.S. Senate on July 12, 2010

[nahkit]

"Many players, however, have voiced concern over gender equity in soccer. Some pointed to the comparatively hard artificial turf the women had to play on in Canada while the men's World Cup was played on natural grass."

Not only that, but the men's World Cup got to play in Brazil while they had to go to Canada. How unfair is that?

For those that are not completely sure, I'm extracting the urine.

[Ulic]

Of course they can decline to take their spot on the US Olympic team. Nothing is stopping

them from that.

[wabothai]

What's the judge going to do, force them to kick the ball?

Sent from my SMART_4G_Speedy_5inch using Tapatalk

better even to score goals in their own nets.

[NumbNut]

What's this BS? Everyone has the right to strike!

The US Women's Soccer Team, united, will never be DEFEATED! (except of course by the Mighty Matilda's... you go grrrrrrrrrrlzzz!)

[NumbNut]

"Many players, however, have voiced concern over gender equity in soccer. Some pointed to the comparatively hard artificial turf the women had to play on in Canada while the men's World Cup was played on natural grass."

Not only that, but the men's World Cup got to play in Brazil while they had to go to Canada. How unfair is that?

For those that are not completely sure, I'm extracting the urine.

Glad you added that last line nahkit, good public service there mate. Some erstwhile TV folk do have trouble in that area sometimes, bless their little cotton socks...

Edited June 4, 2016 by NumbNut

[NumbNut]

What's the judge going to do, force them to kick the ball?

Sent from my SMART_4G_Speedy_5inch using Tapatalk

There's a few little hotties in there, maybe he intends to bend them over and give them one on the backside.

I'd give them two seeing as it'a soccer thread

[neverdie]

What's this BS? Everyone has the right to strike!

The US Women's Soccer Team, united, will never be DEFEATED! (except of course by the Mighty Matilda's... you go grrrrrrrrrrlzzz!)

Oi Oi Oi !

[neverdie]

What's the judge going to do, force them to kick the ball?

Sent from my SMART_4G_Speedy_5inch using Tapatalk

There's a few little hotties in there, maybe he intends to bend them over and give them one on the backside.

I'd give them two seeing as it'a soccer thread

I thought u meant as in 'spit roast'

[NumbNut]

What's the judge going to do, force them to kick the ball?

Sent from my SMART_4G_Speedy_5inch using Tapatalk

There's a few little hotties in there, maybe he intends to bend them over and give them one on the backside.

I'd give them two seeing as it'a soccer thread

I thought u meant as in 'spit roast'

lol