Thread by @soccermavn

Indeed...and this goes to my big problem with the #USWNT lawsuit from the start; it was a dishonest money grab, hiding behind “wokeness”

As I am someone who is generally FOR employees getting more money (it’s kinda my job), allow me to explain...

https://twitter.com/realmemp/status/1256515575557361664

I represent a lot of police and fire unions, including ones in the same municipality. In many cases, there is a “parity” clause in the CBA-if one public safety gets an increase in wages and benefits, it automatically goes to the other

(Note: before you get worked up, employers in association bargaining situations have something similar: a “most favored nations” clause)

The initial intent behind parity clauses was to keep the employer fair and honest, and insulate one group from political favoritism etc.

A worthy goal...but one that could be abused

Imagine this:

Firefighters really want Item X in their CBA. They bargain for it by telling a city “give us X, and we’ll accept a lesser wage increase...say, 6% over three years.” The City accepts-done deal

Then the City negotiates with police. Police, to whom Item X is no big deal, doesn’t ask for it, and instead holds out for higher wages, ultimately getting 12% over three years. City accepts—done deal

Now, how would you feel if the firefighters, having “purchased” Item X with lesser wage increases, then turned around and filed a grievance to get the higher wage increases, based on the parity clause? Presumably, you’d be outraged as a citizens

You would certainly be outraged as an employer: collective bargaining requires a sense of trust, above-board dealing, and one’s word meaning something

Using a “loophole” (of sorts) to trap the other side in a “have your cake and eat it too” situation can be seen as dirty pool

Still, you get what you can at the bargaining table, and sometimes that “trust” concept gets stretched. You might “steal” those higher wages ONCE...but the relationship between the parties suffers

(Full disclosure: I *have* processed such grievances for clients...and WON)

My problem with the #USWNT suit from the start was that it was clear they, having AGREED to a lesser wage in return for things like guaranteed contracts, also tried to “trick” US Soccer into a “have my cake and eat it too” scenario, using the LAW instead of a parity clause

The logic is the same...but what USWNT tried to do is even shadier

With a parity clause, at least, I could at least tell an arbitrator “the City KNEW that clause was there and gave police the higher wages anyway. Not our problem...”

The LAW works a little differently...

No, you cannot (generally speaking) have wage disparities based on sex

But a lot of these laws are “pended,” for want of a better term, where there is a union...the assumption being that collective bargaining stops such abuses from occuring

Like in this case, surely an ALL FEMALE union with ALL FEMALE leadership would NEVER collude with an employer to have lesser wages based on sex, right?

Yet, that’s what the USWNT’s OWN SUIT basically alleges

“But they didn’t have a choice...” But they did...

There’s one way to put pressure on an employer into giving you the wages you think you deserve: BY GOING ON STRIKE

But USWNT wasn’t that honest. They tried to get cute. And, in truth, I don’t mind that so much. I applaud creative thinking, even if somewhat disingenuous

No, where *I* lost interest in this case—to the point of almost rooting AGAINST the women—was when they (and WoSo in general) began talking about this case as if it was addressing the GREATEST INJUSTICE EVER against an evil patriarchy designed to keep womanhood down

You know...almost as if USWNT didn’t AGREE to everything they were now challenging

Worse, if you were to maybe question the USWNT suit, pointing out the bargaining aspect, or general lack of revenue streams relative to the men, you were attacked and ridiculed by the WoSo hordes

You were “sexist”...an unrepentant member of the White Patriarchy...you needed to get your “head right” and “value diversity” and all the other dogma that, frankly, just pushes good people towards voting for a lunatic like Trump

But I digress...

No, this wasn’t just a clever bargaining-through-the-courts tactic...it became a SOCIAL JUSTICE CAUSE, and death to those who dared to think maybe...just maybe...it was a bit much

As a labor lawyer, I could appreciate the strategy

As a soccer fan, I found it tiresome...

...and alienating. It made me sick.

And I feel badly for the USWNT players. This was THEIR fight, and they lost. But there will be other battlegrounds. I really do hope they continue the fight to get what they think they deserve...at the BARGAINING TABLE, like everyone else

But I’m not ashamed to admit feeling a bit of schadenfreude, too

That’s what happens when you get sick of being preached to by the likes of Hope Solo...lectured to by Grant Wahl...condescendingly tweeted at by anonymous gender studies majors

So there’s my rant.

Good luck to #USWNT at the bargaining table. Hopefully NWSL gets addressed this time, too. If you have to go on strike, you have my full support

But tell your “fans” to get over themselves next time. It will help your cause immensely