RSL files motion to dismiss in Petke case, argues for arbitration as required remedy

Because the world keeps turning, even at 5 p.m. on a Monday, the case of Mike Petke vs. Real Salt Lake (rather, Mike Petke vs. Utah Soccer, LLC, D/B/A Real Salt Lake) continues. The latest? Real Salt Lake has filed a motion to compel arbitration and dismiss the case or, alternatively, to stay the case.

The case has a lot of detail, so let’s start with some highlights.

The incident

Real Salt Lake confirms the incident, and it aligns with the Petke camp’s report as well. It confirms that Petke wrote the word in question on a sign while in his office, then encountered the referee for the Leagues Cup match in which the incident took place and “flash(ed) his sign so Pitti could read it.”

The case

The motion states that on Sept. 16, Petke’s counsel threatened “to file and make the dispute public unless RSL accepted Petke’s demands to continue to pay his salary.”

The motion also states that Major League Soccer reminded Petke that Don Garber, MLS commissioner, has “full and exclusive jursidiction and the authority to arbitrate and resolve any disputes between MLS member and employees that relate to the member’s MLS-related business” and asked Petke to withdraw his complaint in Utah court.

The motion’s argument makes that case, stating that Petke’s complaint goes against the MLS Constitution, which is provided as an exhibit in the document.

The conclusion of the motion states that Petke, by signing his contract with Real Salt Lake, is subject to the jurisdiction of the League Commissioner and the MLS Constitution.

We’ll get more in to what that is soon, and we’ll also get more into what Mike Petke’s contract contained, because there’s a whole lot to unpack here.