The state of the negotiations changes by how often you update your CBA links and twitter feed. The league negotiated late into the night last evening with the players consulting until nearly daybreak.
After being absolutely off the table, free agency is at the crux of the current negotiations. The league initially reportedly offered some type of free movement for players age 32 and with 10 years of service. That's a vanishing few players in MLS. The proposal was then updated to players 28 years old and with eight years of league service time.
Crew historian and data enthusiast, Matt Bernhardt, broke down the numbers for the 28/8 proposal and came back with 84 players. Some on the list have already retired, and there was only one Crew SC player, Tyson Wahl, that fit the conditions.
Out of contract players Troy Perkins, Atiba Harris, Danny O'Rourke, Brian Carroll, and Jon Busch would have been free agents and able to avoid the Re-Entry Draft under the 28/8 rules. In the case of Harris, he would have been able to choose his destination from potential suitors rather than getting selected by F.C. Dallas in stage two of the "RED".
It's unclear if the proposal includes players who had their option declined. A further 14 players who had their options declined would have dodged the "RED" if they fell into the free agent group.
Additionally, there were other players that may have chosen free agency rather than re-signing if the option was available to them. Those choices are unknowable in hindsight. The full list of 28/8 eligibles is on Massive Report Data.