Negotiations between the Professional Soccer Referees (PSRA), the union representing officials working MLS matches, and their employer, the Professional Referees Organization (PRO), are becoming increasingly acrimonious, and PRO filed an Unfair Labor Practice (ULP). charge against the PSRA earlier this week.
The filing, a copy of which was obtained by ESPN, alleges that PSRA executive board member Chris Penso “unlawfully threatened and coerced potential replacement workers by threatening that performing referee work during a lockout would adversely affect eligibility.” of referees for refereeing assignments. college football games.
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The charge comes amid a PRO lockout of PSRA referees that was instituted after the union voted overwhelmingly to reject a tentative collective agreement negotiated between representatives of the two organizations. This is the second time in the last 10 years that PRO, funded in part by MLS, excluded referees from the PSRA during collective bargaining negotiations. The PSRA seeks increases in compensation and better travel accommodations.
The MLS regular season began Wednesday with the league using a replacement refereeing team for Inter Miami and Lionel Messi's victory over Real Salt Lake. A full slate of games is scheduled for this weekend with replacement referees coming from the professional, collegiate and youth ranks.
Talks on the collective bargaining agreement are scheduled to resume next Wednesday in New York City, with a federal mediator present.
The ULP document goes on to allege that Penso and other negotiating units and members of the PSRA have revoked the university assignments of substitute officials.
“College football referee assignments are outside employment unrelated to PRO operations, and Mr. Penso, as well as many other members of the bargaining unit and PSRA, are responsible for assigning such work to third parties,” it states. The document.
The document also alleges that on or about February 18, 2024 and thereafter, other PSRA agents, including the bargaining unit and PSRA members, “threatened replacement workers with retaliation for performing replacement work during a shutdown.” employer, including, but not limited to, loss of outside employment (i.e., university refereeing assignments and other non-negotiated unit work); loss of reputation and future opportunities to referee PRO-assigned matches; exclusion from the referee community socially and professional; and other explicit and implied threats to engage in PSRA bargaining unit work during a work stoppage, which is protected by Section 7 of the National Labor Relations Act (“NLRA”).”
The PSRA had previously presented two ULP accusations against the PRO. The first, filed on Jan. 5, alleged that PRO representatives spoke directly to union members about collective bargaining talks without union leaders present, a tactic known as “direct dealing.”
The ULP's second charge, filed earlier this month, alleges that PRO general manager Mark Geiger sent a letter to union members on February 9 stating that if the tentative agreement was not approved, he would block union members. players, would withdraw its current proposal and accept only substantially lower terms.
The PSRA complaint maintains that this constitutes “regressive bargaining, violates [PRO’s] obligation to negotiate in good faith and constitutes retaliation against PSRA members for engaging in protected activities.”
Contacted by ESPN following the disclosure of the PRO presentation, PSRA president Peter Manikowski said: “The union is reviewing [the document]and we want to reiterate that the National Labor Relations Board is investigating the two unfair labor practice charges we filed in January and February.”
The presentation of the PRO's ULP occurs in the middle of two parties exchanging accusations about the negotiation process. Before Wednesday's season opener between Miami and Real Salt Lake, MLS Commissioner Don Garber told reporters that rejection of the tentative agreement amounted to “a very disappointing process.”
“I don't remember in my almost 40 years of sports ever having a bargaining unit come to an agreement and then the members not supporting it,” he said.
The PSRA responded Thursday by claiming, among other things, that its negotiators repeatedly told their PRO counterparts that what was being offered would not be approved by their members, and only put the tentative agreement to a vote because they were told “there is no more money.” “, and needed to make clear how inadequate the proposal was. He also described a proposed no-strike/no-lockout agreement as inadequate given that it would have frozen wages at 2023 levels.
This prompted a response from Geiger that the PSRA had mischaracterized its letter to union members and was simply conveying what would happen if the deal was rejected. Geiger added that the offer to pay PSRA members the same salary during negotiations was required by US labor law and would be carried out as negotiations continued.
