There has been a storm of controversy going into the WNBA’s new CBA negotiations. Does it matter?

WNBA Commissioner Kathy Engelbert has been under fire from players and coaches in recent weeks. The hullabaloo comes at a critical time as the WNBA’s current collective bargaining agreement (CBA) ends on October 31st. So is this pre-negotiation posturing, or is it more substantial?

To get a clearer picture of that, it helps to understand the role of the commissioner. The first commissioner of any major pro sport was Kenesaw Mountain Landis, a retired federal judge who was appointed just after the 1919 Black Sox scandal in an attempt to restore the public’s trust in Major League Baseball. Other leagues followed suit. The principal role of a commissioner in the early years was to ensure the integrity of the game, often phrased as “acting in the best interest” of the sport. That gave the Commissioner role the appearance of objective impartiality over all aspects of the game that lingers on.

Yet, it’s worth noting that every commissioner of any US professional sport is appointed by and reports to the owners. Judge Landis insisted on a lifetime contract and full authority, but no subsequent commissioner has been able to secure such generous terms. In short, the commissioners work on behalf of the owners. Because of that, the role of the commissioner has evolved to more directly serve their business interests:

Era

Primary Role

Key Powers/Responsibilities

Compliance Monitor

(e.g., Landis)

Ensure the integrity of the game

Full disciplinary authority over players, owners, and officials in the "best interests of the game."

Business Administrator

(e.g., Pete Rozelle, NFL)

Professionalize and expand the league

Negotiating national television contracts, facilitating league mergers, and centralizing marketing.

CEO

(e.g., Roger Goodell, NFL; Adam Silver, NBA)

Maximize current and future revenue streams

Overseeing Collective Bargaining Agreements (CBAs), managing media rights (including streaming), expanded off-season events, licensing, and international expansion.

Many commissioners had long tenures (e.g., Pete Rozelle, 29 years; David Stern, 30 years). A few, like Fay Vincent and William Eckert (MLB), were effectively forced out by owners due to conflicts or poor performance.

The current controversy over Engelbert stands in contrast to that of NWSL Commissioner Jessica Berman. Berman came to her role after a sex abuse scandal clouded the league’s future, and has since presided over several team expansions, consistent revenue growth, and franchise valuations that have achieved close to a 50x multiple. Unsurprisingly, Berman was recently offered a three-year extension

As for Engelbert, the question of her tenure will be whether owners think her current unpopularity is costing them money. The WNBA has also seen impressive gains in revenues and team valuations in her tenure. And the owners may view Engelbert’s pushback on players who are demanding a greater share of revenues as representing their financial interests, even if it is unpopular among fans. The owners expect the commissioner to play the bad cop on their behalf to some extent. For that reason, complaints from players and coaches don’t threaten Englebert’s position by themselves. But the current acrimony leading up to the CBA negotiations raises the possibility of a work stoppage. A WNBA that is still growing its core fan base may not be as resilient to a shortened season as the more established leagues. If owners see the current discontent as something that’s going to undermine their negotiating position or negatively affect the bottom line, that’s a different matter. 

In Machiavellian terms, if the owners think offering up Engelbert gets them to a quicker and better deal at a critical juncture, they’ll take it.

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