AFE and LaLiga head to court on October 28 over collective bargaining dispute

LaLiga and AFE, the main union representing professional footballers in Spain, have a court date on October 28. The hearing stems from the lawsuit filed by the union against the league in late June after mediation before the SIMA broke down on the 29th of that month. At stake is the composition of the negotiating committee for the collective agreement covering the first and second divisions.

• The court hearing between AFE and LaLiga is set for October 28.
• The union sued the league after mediation before the SIMA failed on June 29.
• The dispute centers on whether Futbolistas ON can form part of the negotiating committee.
• AFE secured 93.14% of valid votes in union elections across all 42 professional dressing rooms.
• The previous agreement expired on June 30 and remains automatically extended.

Why AFE is taking LaLiga to court over the collective agreement

The conflict revolves around the presence of Futbolistas ON at the negotiating table. AFE argues that the league has refused to set up the negotiating committee in accordance with the law, which led to the lawsuit after mediation failed. LaLiga, for its part, maintains that the union can take part in the process, although without the right to vote on decisions.

This is not the first flashpoint between the two sides. Less than a year ago they ended up in court over the stoppage staged by first division players in October in response to the match scheduled to be played in Miami. That dispute also reached the ordinary courts, and now the collective agreement has once again put AFE and LaLiga in the same room.

What the Sports Law says about collective agreement negotiations

The union bases its claim on the seventeenth provision of the current Sports Law. The text states that, in collective agreements for professional athletes, only trade union organizations in each sports discipline that have been designated by a majority through personal, free, direct and secret voting are entitled to negotiate. The law adds that, for agreements above company level, only unions that secured at least 10% of valid votes cast may participate.

AFE argues that LaLiga fails to comply with the 17th provision of the Sports Law by including a union that did not reach the 10% threshold of votes.

Union election results across the 42 first and second division clubs

The elections to appoint the players' representative committee took place between April and May last season in all 42 professional clubs. A total of 950 votes were cast, of which 919 were considered valid. AFE received 856 votes, representing 93.1% of valid votes, while Futbolistas ON was left with 57 votes, or 6.2%.

With these figures, AFE maintains that it is the only organization entitled to sit at the negotiating table. Because the rival union failed to reach the 10% threshold, the union argues it has no place in the process, an interpretation LaLiga rejects and which the courts will now have to settle.

What the blockade means for the new collective agreement

The standoff is holding up the negotiation of a new text governing working conditions between players and clubs. The previous agreement expired on June 30 and remains automatically extended until a new one is signed. A court ruling on October 28 could unlock a process that has been at a standstill for months.

A second legal battle between AFE and LaLiga in under a year

The October hearing will be the second time in less than twelve months that the union and the league have met in court. The immediate precedent was the dispute over the match the competition intended to stage in Miami, which led first division players to stage a stoppage in October and ended up before the ordinary courts.