- Feb 2018
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www.kwaldenphd.com www.kwaldenphd.com
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Governmental Regulation–National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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ATTACHMENT 52Joint Domestic Violence, Sexual Assault and Child Abuse Policy
No minor league player, club, or association representatives were included in the parties that formulated these policies, although these policies and procedures have been adopted by minor league baseball.
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ATTACHMENT 512017–2021 International Play Plan, Rate Card and Funding
As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.
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ATTACHMENT 50Daniel R. Halem, EsquireChief Legal OfficerMajor League BaseballOffice of the Commissioner245 Park AvenueNew York, New York 10167Re: Rookie Hazings, Pranks and Clubhouse RitualsDear Dan:I write to confirm our agreement concerning the Office of the Commis-sioner’s adoption of a policy addressing rookie “hazing” or “initia-tions” or other clubhouse rituals involving Players (the “Policy”).
Since no grievance procedure is outlined or articulated for minor league players and teams, the protections outlined in this attachment are not necessarily afforded to minor league players.
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ATTACHMENT 46International Amateur Talent System
As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.
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ATTACHMENT 46International Amateur Talent System
No minor league player, club, or association representatives were to be included in this subcommittee.
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MAJOR LEAGUE PLAYER TOBACCO POLICY
Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.
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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.
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ARTICLE XXV—International Play
As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.
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(4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the Plan.
As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, an established practice by 2017.
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D. Outright Assignment to Minor League Club
Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.
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ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
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D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consen
In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.
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M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act
While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure, or employment, or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law
In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.
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ARTICLE XI—Grievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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www.kwaldenphd.com www.kwaldenphd.com
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Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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265ATTACHMENT 46International Amateur TalentI. International Talent Committee
No minor league player, club, or association representatives were to be included in this subcommittee.
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ATTACHMENT 46International Amateur Talent
As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.
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SMOKELESS TOBACCO POLICY
Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.
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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.
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ARTICLE XXV—The Industry Growth Fund
As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.
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(4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construed
As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.
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D. Outright Assignment to Minor League club
Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.
-
ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
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D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consent
In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.
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N. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act.
While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law
In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.
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ARTICLE XI—Grievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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www.kwaldenphd.com www.kwaldenphd.com
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Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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ATTACHMENT 24Donald M. Fehr, Esquire Executive Director and General Counsel Major League BaseballPlayers Association 12 East 49th Street New York, New York 10017Re: World-Wide Draf
As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.
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2. The World-Wide Draft Subcommittee shall be composed ofan equal number of representatives of the Players Association andthe Office of the Commissioner, and shall include at least oneAssociate General Counsel of the Players Association and at leastone senior representative of the Labor Relations Department ofthe Office of the Commissioner
No minor league player, club, or association representatives were to be included in this subcommittee.
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ATTACHMENT 18MAJOR LEAGUE BASEBALL’SJOINT DRUG PREVENTION ANDTREATMENT PROGRAMThe Major League Baseball Joint Drug Prevention and TreatmentProgram (the “Program”) is established by agreement of the Office ofthe Commissioner and the Major League Baseball Players Association(the “Commissioner’s Office,”the “Association”and, jointly, the “Par-ties”) (1) to educate Players on the Major League Clubs’40-man ros-ters (“Players”) on the risks associated with using ProhibitedSubstances (defined in Section 2 below); (2) to deter and end the useby Players of Prohibited Substances; and (3) to provide for, in keepingwith the overall purposes of the Program, an orderly, systematic, andcooperative resolution of any disputes that may arise concerning theexistence, interpretation, or application of this agreement. Except asotherwise provided herein, any dispute arising under this Program shallbe subject to resolution through the Grievance Procedures of the BasicAgreement
Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.
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ARTICLE XXV—The Industry Growth Fund
As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.
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(4)Interests of the AssociationThe revenue sharing plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the revenue sharing plan orits operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the plan.
As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.
-
D. Outright Assignment to Minor League club
Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.
-
ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
-
D. Foreign AssignmentsExcept for the return of conditional assignments from outside the Unit-ed States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without the Play-er’s written consent.
In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.
-
M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.).
While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion ornational origin
In a notable omission, organized baseball's CBA did not prohibit discrimination based on sex or gender, which legal precedent at this time had expanded to include gender identity and sexual orientation.
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ARTICLE XI—Grievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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www.kwaldenphd.com www.kwaldenphd.com
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D. Foreign AssignmentsExcept for the return of conditional assignments from outside the United States and Canada, the contract of a Player shall not be -assigned otherwise than within the United States and Canada, without the Player’s written consent
In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.
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The Clubs and the Association will jointly request and cooperate in lobbying theCongress to pass a law that will clarify that Major League Baseball Players are covered under the antitrust laws (i.e., that Major League Players will have the same rights under the antitrust laws as do other professional athletes, e.g., football and basketball players), along with a provision that makes it clear that the passage of that bill does not change the application of the antitrust laws in any other context or with respect to any other person or entity. If such a law is not enacted by December 31, 1998 (the end of the next Congress), then this Agreement shall terminate on December 31, 2000 (unless theAssociation exercises its option to extend this Agreement as set forth in Article XXVII)
These combined lobbying efforts resulted in the 1998 Curt Flood U.S. Congressional Act, which specified Major League Baseball's anti-trust exemption was still applicable to Major League clubs and players, in effect forcing minor league teams to also operate under that exemption while not benefiting from the legal protections and representation the MLBPA provided for Major League players.
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The revenue sharing plan may have a significant impact on the industry globally as well as on individual Clubs.
As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was starting to begin in earnest during the late 1990s.
-
D. Outright Assignment to National Association Club
Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.
-
ARTICLE XXReserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
-
L. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Medical Leave Act (29 U.S.C. 2601 et seq.)
While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
-
A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players covered by thisAgreement without regard to race, color, religion or national origin.
The 1997 CBA was an early moment the MLBPA successfully advocated for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.
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ARTICLE XIGrievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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www.kwaldenphd.com www.kwaldenphd.com
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Governmental Regulation-National Emergency 11. This contract is subject to federal or state legislation, regula-tions, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Com-missioner to suspend the operation of this contract during any na-tional emergency during which Major League Baseball is not played.
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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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.
-
Outright Assignment to National Association Club
Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.
-
ARTICLE XX-Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
-
D. Foreign Assignments
In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1990 CBA offered greater stability for foreign-born players.
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A. No Discrimination The Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment. The provisions of this Agreement shall be applied to all Players covered by this Agreement without regard to race, color, religion or national origin.
The 1990 CBA was an early moment the MLBPA successfully advocated for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.
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ARTICLE XI-Grievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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E. All-Star Game A Player who is a member of his League's All-Star team shall, in addition to being reimbursed in accordance with past practice, be reimbursed by the League for the first-class jet air fare within the continental United States and Canada to and from the site of the All-Star Game for one guest, and for hotel accommodations for a max-imum of three days for such guest.
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.
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www.kwaldenphd.com www.kwaldenphd.com
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Governmental Regulation -National Emergency 11. This contract is subject to federal or state legislation, regulations, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to sus-pend the operation of this contract during any national emergency during which Major League Baseball is not played.
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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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.
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ARTICLE XVIII-Reserve System
After arbitor Peter Seitz's ruling in the 1975 Messersmith/McNally case, Major League Baseball's reserve clause was effectively overturned. The 1980 CBA was one of the early legal documents in which the specifics of free agency were articulated and negotiated.
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D. Foreign Assignments The contract of a Player shall not be assigned otherwise than within the United States and Canada, without the Player's written consent, provided, however, that the Player's consent is not necessary if he is a Native of such foreign country
Even as the MLBPA was making some early efforts to advocate on behalf of the interests of foreign-born players, that population still experienced significant precarity in their conditions of labor.
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The provisions of this Agreement shall be applied to all Players covered by this Agreement without regard to race, color, religion or national origin.
The 1980 CBA was one of the first times the MLBPA had pushed for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.
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ARTICLE X -Grievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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E. All-Star Game A Player who is a member of his League's All-Star team shall, in addi-tion to being reimbursed in accordance with past practice, be reim-bursed by the League for the first-class jet air fare within the con-tinental United States and Canada to and from the site of the All-Star Game for one guest, and for hotel accommodations for a maximum of three days for such guest.
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.
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www.kwaldenphd.com www.kwaldenphd.com
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1. This contract is subject to federal or state legislation, regulations, executive or other official orders or oilier governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to sus-pend the operation of this contract during any national emergency during which Major League Baseball is not played.
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
-
ARTICLE XVII -Reserve System
After arbitor Peter Seitz's ruling in the 1975 Messersmith/McNally case, Major League Baseball's reserve clause was effectively overturned. The 1976 CBA was the first legal document in which the specifics of free agency were articulated and negotiated.
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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.
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C. Foreign Assignments The contract of a Player shall not be assigned otherwise than within the United States and Canada, without the Player's written consent, provided, however, that the Player's consent is not necessary if he is a Native of such foreign country.
Even as the MLBPA was making some early efforts to advocate on behalf of the interests of foreign-born players, that population still experienced significant precarity in their conditions of labor.
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ARTICLE X -Grievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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. All-Star Game
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.
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E. Salary Arbitration Effective with the 1976 championship season, the following salary arbitration procedure shall be applicable:
Salary arbitration was a key victory for the MLBPA in this CBA. However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.
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B. Maximum Salary Reduction
While the gains made by the MLBPA could be applied to minor league players, the lack of a formal grievance procedure for minor league players limits players' ability to advocate for or compel that interpretation of the CBA.
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This contract is subject to federal or state legislation, regulations, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other govern-mental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to suspend the operation of this contract during any national emergency during which Major League Baseball is not played
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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ARTICLE XV-Reserve System
Again, the Supreme Court's decision in MLB's favor in Flood v. Kuhn meant the MLBPA had limited power to advocate for full free agency in this contract. Minor league players continued to have only marginal control over their labor conditions and contract assignments.
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ARTICLE XIV-Assignment of Player Contracts
Curt Flood's free agency case went to the U.S. Supreme Court in 1972, and the Court's decision in MLB's favor meant the MLBPA had limited power to advocate for full free agency in this contract. However, the advantages they were able to secure around contract assignment were only available to players with extensive Major League service time. Minor league players continued to have only marginal control over their labor conditions and contract assignments.
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ARTICLE X-Grievance Procedure
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
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D. Salary Arbitration Effective with the 1974 championship season, the following salary arbitration procedure shall be applicable:
Salary arbitration was a key victory for the MLBPA in this CBA. However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.
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B. Maximum Salary Reduction No Player's contract shall be renewed pursuant to, paragraph 10( a) of the Uniform Player's Contract in any year for a salary which consti-tutes a reduction in excess of 20% of his previous year's salary or in excess of 30% of his salary two years previous. C. Representation Daring Individual Salary Negotiations A Player may be accompanied, if he so desires, by a representative of his choice to assist him in negotiating his individual salary with his employing Club,
While the gains made by the MLBPA could be applied to minor league players, the lack of a formal grievance procedure for minor league players limits players' ability to advocate for or compel that interpretation of the CBA.
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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.
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For the purpose of providing an orderly and expeditious procedure for the handling and resolving of certain grievances and complaints, as hereinafter provided, the following shall apply as the exclusive remedy of the Parties.
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
The parties for a grievance procedure are constructed and articulated in a way that excludes minor league players and teams.
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B. Maximum Salary Reduction No Player's contract shall be renewed pursuant to paragraph lO(a) of the Uniform Player's Contract in any year for a salary which constitutes a reduction in excess of 20% of his previous year's salary or in excess of 30% of his salary two years previous. C. Representation During Individual Salary Negotiations A Player may be accompanied, if he so desires, by a representative of his choice to assist him in negotiating his individual salary with his employing Club.
While the CBA's ambiguity for how it applies to minor league clubs and players could extend these sub-articles to apply to minor league players, the lack of a formal grievance procedure for minor league players gives players limited opportunities to that interpretation or enforcement of the CBA.
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The Clubs recognize the Association as the sole and exclusive collective bargaining agent for all Major League Players, and individuals who may become Major League Players dur-ing the term of this Agreement, with regard to all terms and conditions of employment except (1) individual salaries over and above the minimum requirements established by this Agreement and (2) Special Covenants to be included in individual Uniform Player's Contracts, which actually or potentially provide additional benefits to the Player.
By creating a definition for players represented by the MLBPA that included "individuals who may become Major League Players during the term of this Agreement," the MLBPA and the CBAs it negotiated made it difficult for minor league players to argue for a distinct legal standing and the need for a union that represented their distinct interests.
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All disputes between the Player and the Club which are covered by the Grievance Procedure as set forth in the Agreement between the twenty Clubs and the major league baseball players, as represented by the Major League Baseball Players Association, dated February 19, 1968, shall be resolved in accordance with such Grievance Procedure, which is incorporated herein by reference
No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.
The parties for a grievance procedure as outlined in Schedule C (starts on page 18) are constructed and articulated in a way that excludes minor league players and teams.
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This contract is subject to federal or state legislation, regulations, executive or other official orders or other govern-mental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or the League and subject also to the right of the Commissioner to suspend the operation of this contract during any national emergenc
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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