16 Matching Annotations
  1. Feb 2018
    1. ATTACHMENT 12This will set forth the understanding of the Parties regarding ArticleXX(A), of the Basic Agreement:With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    2. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

      No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.

    3. (b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisArticle XX(B)

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    1. With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    2. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

      No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.

    3. (b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisSection B

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    1. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

      No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.

    2. b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisSection B

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    1. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

    2. (b) There shall be no restriction or interference with the right of a free agent to negotiate or contract with any baseball club outside the structure of organized baseball, nor shall there be any compensation paid for the loss of a free agent except as provided for in this Section B

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    1. ATTACHMENT 15 This will set forth the understanding of the parties regarding Article XX(A), of the Basic Agreement: With respect to a National Association Player with no existing Ma-jor League Contract, whose National Association Contract has been assigned to a Major League Club, it is understood that the placing of such a Player on the Major League Club's Active Reserve List (40-man Roster) and the tendering to such a Player of a Major League Contract without the necessity of renewing the National Association Contract will provide the Major League Club with reservation rights to such a Player. Thus, such a Player will not become a free agent under Article XX(A)(2)(d), which provides that a Player will become a free agent if his Club fails to exercise its contract renewal rights, there being no prior Major League Contract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    2. F. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

    1. G. Outright Assignment to National Association Club ( 1) Election of Free Agency. (a) Any Player who has at least 3 years of Major League service and whose contract is assigned outright to a National Association Club may elect, in lieu of accept-ing such assignment, to become a free agent. ( b) In the event that such Player does not elect free agency in lieu of accepting such assignment, he may eleot free agency between the end of the then current Major League season and the next following October 15, unless such Player is returned to a Major League roster prior to making such election. ( 2) A Player who becomes a free agent under this Section G shall immediately be eligible to negotiate and contract with any Club without any restrictions or qualifications. Such Player shall not be entitled to receive termination pay. Such a free agent shall receive transportation and travel expenses in the same manner as he would if he had been unconditionally released except he shall be limited to receiving travel expenses to his new club if he reports to it directly, provided such expenses are less than to his home city. ( 3) Procedure. Not earlier than 4 days0 prior to the contem-plated date of an outright assignment, the Club shall give written notice to the Player, with a copy to the Players Association, which shall advise the Player that he may either (a) accept the assign-ment or ( b) elect to become a free agent, and that in the event he accepts the assignment, he may elect free ,agency between the end of the then current Major League season iand the next following October 15, unless he is returned to a Major League roster prior to making such election. The Player shall also be informed in the notice that, within 3 days0 after the date of the notice, he must advise the Club in writing as to his decision whether to accept the assignment. If the Club fails to give written notice, as set forth herein, to the Player prior to the date of such assignment, the Player may, at any time, elect to become a free agent pursuant to this Section G, provided, however, that if the Club subsequently gives such written notice to the Player, he shall, within 3 days0 thereafter, advise the Club in writing as to his decision

      However, the salary protections and playing time incentives included in free agency procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible as free agents. In this sub-article, only Major League players with the required minimum service time who are assigned to a minor league team are eligible to declare as free agents.

    1. F. Outright Assignment to National Association Club (I) Election of Free Agency. Any Player who has at least 3 years of Major League service and whose contract is assigned out-right to a National Association Club may elect, in lieu of accepting such assignment, to become a free agent. A Player who becomes a free agent under this Section F shall immediately be eligible to negotiate and contract with any Club without any restrictions or qualifications. Such Player shall not be entitled to receive termina-tion pay. Such a free agent shall receive transportation and travel expenses in the same manner as he would if he had been uncondi-tionally released except he shall he limited to receiving travel ex-penses to his new club if he reports to it directly, provided such expenses are less than to his home city. ( 2) Procedure. Not earlier than 4 days0 prior to the contem-plated date of an outright assignment, the Club shall give written notice to the Player, with a copy to the Players Association, which shall advise the Player that he may either (a) accept the assign-ment or (b) elect to become a free agent. The Player shall also be informed in the notice that, within 3 days0 after the date of the notice, he must advise the Club in writing as to his decision. If the Club fails to give written notice, as set forth herein, to the Player prior to the date of such assignment, the Player may, at any time, elect to become a free agent pursuant to this Section F, provided, however, that if the Club subsequently gives such written notice to the Player, he shall, within 3 days°' thereafter, advise the Club in writing as to his decision.

      However, the salary protections and playing time incentives included in free agency procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible as free agents. In this sub-article, only Major League players with the required minimum service time who are assigned to a minor league team are eligible to declare as free agents.

    1. Regardless of any provision herein to the contrary, this Agreement does not deal with the reserve system. The parties have differing views as to the legality and as to the merits of such system as presently constituted. This Agreement shall in no way prejudice the position or legal rights of the Parties or of any Player regarding the reserve system. It is agreed that until the final and unappealable adjudication ( or voluntary discontin-uance) of Flood v. Kuhn et al., now pending in the federal district court of the Southern District of New York, neither of the Parties will resort to any form of concerted action with respect to the issue of the reserve system, and there shall be no obligation to nego-tiate with respect to the reserve system. Upon the final and unappealable adjudication (or voluntary discontinuance) of Flood v. Kuhn et al., either Party shall have the right to reopen negotiations on the issue of the reserve system as follows:

      While this CBA was being negotiated, the result of Curt Flood's legal battle for free agency rights was yet undetermined. The ultimate success of the MLBPA in securing free agency for players would radically transform the conditions of labor in Major League Baseball, while also further complicating the legal status and financial stakes of minor league baseball labor.

  2. Nov 2017
    1. And I see no good reason why we should require the production of educators and students to be fair game for resellers who want to pluck it for free out of the commons and charge money for it to those not lucky enough to be a part of our community.

      To many a student, the notion that somebody else could profit from their “free labour” is particularly offputting. Including (or especially) those who prepare to become the heads of commercial entities.