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    Ian Kennedy·Jul 8, 2023·Partner

    Free Agency Not Discussed In New Pro Women's Hockey CBA

    With a new collective bargaining agreement ratified for a soon-to-be professional women's hockey league, free agency is a noted omission from the protections and definitions of the document.

    Photo by the PHWPA - Free Agency Not Discussed In New Pro Women's Hockey CBAPhoto by the PHWPA - Free Agency Not Discussed In New Pro Women's Hockey CBA

    There are many points clarified in the 62 page professional women's hockey league collective bargaining agreement. One of those points is not free agency. The term free agent, nor free agency, exist in the document negotiated by members of the PWHPA.

    Conversely, in the National Women's Soccer League (NWSL) CBA, signed in 2022, free agency appears 18 times. In the Women's National Basketball Association's (WNBA) agreement, the term exists 129 times in their CBA.

    The PWHL / PWHLPA agreement discusses standard player agreements, mentions "new signings" and states rules surrounding trades and roster freeze dates, as well as the idea a draft will be planned, but free agency is not discussed our outlined.

    Outlined in "Article 13 - Player Movement" in the NWSL's CBA, there is an explanation of restricted free agency and free agency, defines a mode of acquiring player rights, and other related terms including qualifying offers.

    The WNBA's document, which is more expansive than any other women's professional league in North America totalling 350 pages in total, dedicates 18 of those pages to defining and outlining free agency.

    Within the new professional women's hockey CBA, the only defined contracts are the three-year deals that each team must sign a minimum of six players to, for at least $80,000 per season. Also defined at 10-day short term contracts.

    Similarly, the length of contracts are not outlined for rookies or veteran players within the CBA. The CBA only guarantees the minimum six contracts per team as stated under section 7.5. Termination. This section reads, "A multi-year SPA that begins in the initial League Year (2023-2024) may not be terminated during its term based on a Player’s on-ice performance, pregnancy, maternity leave, parental leave, or on-ice and/or off-ice training injuries (where such training is pursuant to a Team-provided or approved training program). Any multi-year SPA that begins after the initial League Year is not fully guaranteed, and may be terminated at any time and for any reason other than those delineated in Section 7.5, unless as otherwise set forth in that SPA’s Schedule."

    Player management is defined in Article 6 of the CBA, which reads in Section 6.2:

    "...the PWHL may take any action not in conflict with any express provision of this Agreement, any SPA, or any applicable law in the exercise of its management rights. Such rights include, but are not limited to, establishing, enforcing, amending, implementing, or terminating competition manuals, operations manuals, or other rules, policies, guidelines, or practices, not in conflict with express provisions of this Agreement and subject to the obligation to give notice and an opportunity to discuss with the PWHLPA any policies, rules and rules changes, as set forth below, including, but not limited to, the establishment, termination, and definitions of and amendments to player classifications and categories; determining possible sources of PWHL players and rules and procedures governing their assignment to and between PWHL Teams; determining Roster composition, including the number of individuals within any classification or category; draft, trade, transfer, loan, and registration rules and processes..."

    While players are expected to be placed on teams this year through a draft, or similar selection process guided by the Player Evaluation Advisory Committee, following the inaugural season, there are no protections or guidelines within the CBA for free agency.

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