We have looked at the issue from the perspective of Canadian immigration (CLICK HERE) and U.S. immigration (CLICK HERE). Now, in the third part, we ask if it would pass the labour-law sniff test and, if not, why does USL-Pro, the third division of American soccer — allow Canadians to be treated as domestics on its teams’ rosters?
The whole series was spawned after MLS Commissioner Don Garber told TSN’s Jason DeVos during a March 2 First Kick broadcast that MLS would run into labour-law issues if it changed its rules and allowed the 16 U.S.-based teams to recognize Canadians players as “domestic” workers.
The reason the third part has taken so long to complete? I talked to several major law schools in the U.S. and labour-law specialists. I made contact with MLS. But what I underestimated was that, when it came to U.S. labour law, how complex the question was. Over and over, U.S. legal experts told me that the notion of Canadians being treated as domestics on American team rosters would have them venture into a legal grey area. And that meant they didn’t want to go on the record, because there really was no true legal test for the question. In a way, I felt like I had asked Deep Thought the answer to life, the universe and everything, and he replied, “tricky.”
Read the rest of this entry »