352 Matching Annotations
  1. Last 7 days
  2. Oct 2022
    1. For her online book clubs, Maggie Delano defines four broad types of notes as a template for users to have a common language: - terms - propositions (arguments, claims) - questions - sources (references which support the above three types)

      I'm fairly sure in a separate context, I've heard that these were broadly lifted from her reading of Mortimer J. Adler's How to Read a book. (reference? an early session of Dan Allosso's Obsidian Book club?)

      These become the backbone of breaking down a book and using them to have a conversation with the author.

    1. Book Club led by José Ramón Lizárraga & Tiera Chantè Tanksley on Viral Justice: How We Grow the World We Want by Ruha Benjamin 8pm EST on Thursday, November 17th, 2022
  3. Jun 2022
    1. Around 1941, Barzun took on a larger classroom, becoming the moderator of the CBS radio program “Invitation to Learning,” which aired on Sunday mornings and featured four or five intellectual lights discussing books. From commenting on books, it was, apparently, a short step to selling them. In 1951, Barzun, Trilling, and W. H. Auden started up the Readers’ Subscription Book Club, writing monthly appreciations of books that they thought the public would benefit from reading. The club lasted for eleven years, partly on the strength of the recommended books, which ranged from Kenneth Grahame’s “The Wind in the Willows” to Hannah Arendt’s “The Human Condition,” and partly on the strength of the editors’ reputations.
  4. May 2022
  5. Apr 2022
    1. Much of Barthes’ intellectual and pedagogical work was producedusing his cards, not just his published texts. For example, Barthes’Collège de France seminar on the topic of the Neutral, thepenultimate course he would take prior to his death, consisted offour bundles of about 800 cards on which was recorded everythingfrom ‘bibliographic indications, some summaries, notes, andprojects on abandoned figures’ (Clerc, 2005: xxi-xxii).

      In addition to using his card index for producing his published works, Barthes also used his note taking system for teaching as well. His final course on the topic of the Neutral, which he taught as a seminar at Collège de France, was contained in four bundles consisting of 800 cards which contained everything from notes, summaries, figures, and bibliographic entries.


      Given this and the easy portability of index cards, should we instead of recommending notebooks, laptops, or systems like Cornell notes, recommend students take notes directly on their note cards and revise them from there? The physicality of the medium may also have other benefits in terms of touch, smell, use of colors on them, etc. for memory and easy regular use. They could also be used physically for spaced repetition relatively quickly.

      Teachers using their index cards of notes physically in class or in discussions has the benefit of modeling the sort of note taking behaviors we might ask of our students. Imagine a classroom that has access to a teacher's public notes (electronic perhaps) which could be searched and cross linked by the students in real-time. This would also allow students to go beyond the immediate topic at hand, but see how that topic may dovetail with the teachers' other research work and interests. This also gives greater meaning to introductory coursework to allow students to see how it underpins other related and advanced intellectual endeavors and invites the student into those spaces as well. This sort of practice could bring to bear the full weight of the literacy space which we center in Western culture, for compare this with the primarily oral interactions that most teachers have with students. It's only in a small subset of suggested or required readings that students can use for leveraging the knowledge of their teachers while all the remainder of the interactions focus on conversation with the instructor and questions that they might put to them. With access to a teacher's card index, they would have so much more as they might also query that separately without making demands of time and attention to their professors. Even if answers aren't immediately forthcoming from the file, then there might at least be bibliographic entries that could be useful.

      I recently had the experience of asking a colleague for some basic references about the history and culture of the ancient Near East. Knowing that he had some significant expertise in the space, it would have been easier to query his proverbial card index for the lived experience and references than to bother him with the burden of doing work to pull them up.

      What sorts of digital systems could help to center these practices? Hypothes.is quickly comes to mind, though many teachers and even students will prefer to keep their notes private and not public where they're searchable.

      Another potential pathway here are systems like FedWiki or anagora.org which provide shared and interlinked note spaces. Have any educators attempted to use these for coursework? The closest I've seen recently are public groups using shared Roam Research or Obsidian-based collections for book clubs.

  6. Mar 2022
    1. https://www.youtube.com/watch?v=NsRFTd1MndM

      Synoptic Obsidian Book Club

      Tentative Schedule beginning on Saturday, March 26, 2022

      Week 1

      Paul: Introduction and Part 1 Blair: Chapter 1

      Week 2

      Paul:Part 2 Blair:Chapter 2

      Week 3

      Paul: Part 3 Blair: Chapter 3

      Week 4

      Paul: Conclusion Blair: Chapter 4

      Week 5

      Paul: Any overflow from before?? Blair: Chapter 5

      Week 6

      (just in case we go over a bit???)

      Paul: Blair:

      Looks like the schedule in the Vault has changed to starting April 2

  7. Feb 2022
    1. First, consider who gets to make the rules. Tenured scholars who, as we’ve noted, are mostly white and male, largely make the rules that determine who else can join the tenured ranks. This involves what sociologists call “boundary work,” or the practice of a group setting rules to determine who is good enough to join. And as such, many of the rules established around tenure over the years work really well for white scholars, but don’t adequately capture the contributions of scholars of color.

      Boundary work is the practice of a group that sets the rules to determine who is and isn't good enough to join the group.

      Link to Groucho Marx quote, "I refuse to join any club that would have me as a member."

    1. If you now think: “That’s ridiculous. Who would want to read andpretend to learn just for the illusion of learning and understanding?”please look up the statistics: The majority of students chooses everyday not to test themselves in any way. Instead, they apply the verymethod research has shown again (Karpicke, Butler, and Roediger2009) and again (Brown 2014, ch. 1) to be almost completelyuseless: rereading and underlining sentences for later rereading.And most of them choose that method, even if they are taught thatthey don’t work.

      Even when taught that some methods of learning don't work, students will still actively use and focus on them.


      Are those using social annotation purposely helping students to steer clear of these methods? is there evidence that the social part of some of these related annotation or conversational practices with both the text and one's colleagues helpful? Do they need to be taken out of the text and done in a more explicit manner in a lecture/discussion section or in a book club like setting similar to that of Dan Allossso's or even within a shared space like the Obsidian book club to have more value?

    2. Students should not only learn to write papers, butalso learn facts, be able to discuss their ideas in seminars and listencarefully to lectures

      I wonder if there are any labs which not only have journal clubs, but have a shared note taking system or zettelkasten as well to keep as a community resource.

      I'm sure there are probably a few lab wikis in existence.

      Are professors keeping public note collections that they share with students or fellow researchers?

  8. Jan 2022
  9. Dec 2021
  10. Jul 2021
    1. The baroque goofiness of Blackbird Spyplane’s house style can be something of a test for readers of the newsletter (the “sletter,” in Blackbird Spyplane parlance). “X out of ten people are going to show up and read that and just be like, This is impenetrable, I’m out,” Weiner told one interviewer. “But for the people who stick around, I think that it adds to a sense of, Oh, this is like an in-joke that I’m in on.” And better (at least to this reader) that clubbiness take a niche form — it is less claustrophobia-inducing than the many newsletters that seem to insist we are all wearily following the same disputes on Twitter, all inevitably watching the same shows on Netflix. Such newsletters wind up feeling like crowded rooms with too few windows on the world beyond.

      This is a great description which is roughly how I feel about the awesome uniqueness that is https://www.kickscondor.com/.

    2. Earlier this year, a group of writers with popular tech and culture newsletters expanded upon this premise; they joined together to launch a Discord server called Sidechannel where all their subscribers could meet and chat. (“So it’s just people paying for internet friends?” asked one woman I know when this arrangement was described to her. Yes, and currently Sidechannel has some 5,000 members, several hundred of whom may be active at a given time.)

      There's something a bit depressing about the idea of paying for online friends. Though creating, managing, and tummeling these sorts of community is definitely a form of social and creative "work".

      How much work do these creators do on this front? How much is the writing and creating versus the management and community building? What else goes into it all?

      Compare and contrast the work done by individuals in the IndieWeb community.

  11. Jun 2021
    1. I feel like I may have just stumbled on a back alley book club on design.

      It's digital books+Hypothes.is+Fight Club...

      The rules of Back Alley Book Club:

      1. We don't talk about Back Alley Book Club.
      2. We don't talk about Back Alley Book Club.

      ...

      1. If this is your first night at Back Alley Book Club, you have to annotate.

    1. Et de plus, cette démarche émanant de groupes ou collectifs, marquera le travail éditorial d’un aspect social, dans le sens où le livre permet de communiquer ses idées, de rassembler, mais aussi de tisser des réseaux de lecteurs.

      Un travail très intéressant est celui de Damien Bauza et Pedro Cardoso. Ils se passionnent pour les clubs de livre (qui se développent notamment après guerre et qui ont la volonté de vendre des livres à petit prix à un large public). Leur projet Club Collect (https://clubcollecte.fr/) propose une grosse archive constamment augmentée.

      Finalement ces clubs où on réimprimait des livres un peu cheap, ce sont un peu les premières chaines de production d'édition : entre ceux qui ajoutaient la préface, des images, celui qui travaillait les couvertures, l'échange avec les lecteurs...

      Source : conférence de Damien Bauza et Pedro Cardoso à l'ésac de Cambrai le 12 avril 2021 (https://urlz.fr/fT9K)

  12. May 2021
  13. Feb 2021
  14. Apr 2018
    1. Crystal meth and ecstasy are the drugs of choice for these “instant parties” because of their psychotropic effects, and in the case of crystal meth, their ability to help people stay awake well into the night and prevent ejaculation during sex.

      This is an underlying secondary cause for the spread of HIV/AIDS. The sharing of these psychoactive drugs allows this disease to pass from individual to individual easier. For a while, society assumed it was only caused by sex among gay men. This allowed society to become more vulnerable because of their misinformation, allowing needles shared between individuals to disperse HIV/AIDS.

  15. Feb 2018
    1. Post-Season Exhibition Games. Major League Rule 18(b) provides:

      Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA.

    2. 6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence.

      In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.

    3. 6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence.

      Although the length of the playing contract is specified elsewhere in the contract, this language in the CBA gives clubs the power to place additional, uncompensated, obligations on players to ensure they comply with the level of physical fitness required to remain in good standing with the club per the terms of the contract.

    4. 2. The Player, when requested by the Club, must submit to a completephysical examination at the expense of the Club, and if necessary totreatment by a physician, dentist, certified athletic trainer or other med-ical professional in good standing. Upon refusal of the Player to submitto a complete medical or dental examination, the Club may considersuch refusal a violation of this regulation and may take such action as itdeems advisable under Regulation 5 of this contract. Disability directlyresulting from injury sustained in the course and within the scope of hisemployment under this contract shall not impair the right of the Playerto receive his full salary for the period of such disability or for the sea-son in which the injury was sustained (whichever period is shorter),together with the reasonable medical and hospital expenses incurred byreason of the injury and during the term of this contract or for a periodof up to two years from the date of initial treatment for such injury,whichever period is longer, but only upon the express prerequisite con-ditions that (a) written notice of such injury, including the time, place,cause and nature of the injury, is served upon and received by the Clubwithin twenty days of the sustaining of said injury and (b) the Club shallhave the right to designate the health care facilities, physicians, dentists,certified athletic trainers or other medical professionals furnishing suchmedical and hospital services. Failure to give such notice shall notimpair the rights of the Player, as herein set forth, if the Club has actualknowledge of such injury. All workmen’s compensation paymentsreceived by the Player as compensation for loss of income for a specificperiod during which the Club is paying him in full, shall be paid overby the Player to the Club. Any other disability may be ground for sus-pending or terminating this contract

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    5. 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.

    6. By Club7.(b) The Club may terminate this contract upon written notice to thePlayer (but only after requesting and obtaining waivers of this contractfrom all other Major League Clubs) if the Player shall at any time:(1) fail, refuse or neglect to conform his personal conduct to thestandards of good citizenship and good sportsmanship or to keephimself in first-class physical condition or to obey the Club’s train-ing rules; or(2) fail, in the opinion of the Club’s management, to exhibit suf-ficient skill or competitive ability to qualify or continue as a mem-ber of the Club’s team; or(3) fail, refuse or neglect to render his services hereunder or inany other manner materially breach this contract.7.(c) If this contract is terminated by the Club, the Player shall be enti-tled to termination pay under the circumstances and in the amounts setforth in Article IX of the Basic Agreement. In addition, the Player shallbe entitled to receive an amount equal to the reasonable travelingexpenses of the Player, including first-class jet air fare and meals enroute, to his home city.

      Minor league players are given limited avenues to influence or even negotiate the terms of their contractual employment and face significant professional and financial consequences for doing so.

    7. Medical Information6.(b) The Player agrees:(1)that the Club’s physician and any other physician or medicalprofessional consulted by the Player pursuant to Regulation 2 of thiscontract or Article XIII(D) of the Basic Agreement may furnish to theClub all relevant medical information relating to the Player. Except aspermitted by Article XIII(G) of the Basic Agreement, which is incor-porated herein by reference, the Club is prohibited from re-disclosingany such information without the express written consent of thePlayer. The Club’s physician shall be the custodian of the medicalrecords furnished to a Club pursuant to this Paragraph 6(b). The Club’strainers shall have access to all such records provided to the Club.(2) that, should the Club contemplate an assignment of this con-tract to another Club or Clubs, the Club’s physician may furnish tothe physicians and officials of such other Club or Clubs all relevantmedical information relating to the Player; provided, however, thatsaid physicians and officials are prohibited from re-disclosing anysuch information without the express written consent of the Player.In addition, within thirty (30) days from the receipt of the Player’smedical information, the physicians and officials of the Club whichrequested the medical information will return any and all documentsreceived to the Player’s Club, and will not keep copies of any doc-uments it received or any other records indicating the substance ofthe medical information transmitted. If the Player’s UPC is assignedbefore the information is returned in accordance with this subpara-graph (2), the assignee Club may retain the information. A Playermay, at the time that he is no longer under reserve to the Club or onDecember 1 of every other year, whichever is earlier, request thatthe Club notify him of the Clubs to which his medical informationwas provided pursuant to this Paragraph 6(b)(2).

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    8. Service5.(a) The Player agrees that, while under contract, and prior to expira-tion of the Club’s right to renew this contract, he will not play baseballotherwise than for the Club, except that the Player may participate inpost-season games under the conditions prescribed in the MajorLeague Rules. Major League Rule 18(b) is set forth herein

      These procedures are articulated in more detail in the rules documents, but players at any level of U.S. professional baseball have limited opportunities to use their baseball skills in other baseball contexts for financial gain. Those financial stakes have different ramifications for players not covered by major league salary minimums.

    9. Baseball Promotion3.(b) In addition to his services in connection with the actual playing ofbaseball, the Player agrees to cooperate with the Club and participate inany and all reasonable promotional activities of the Club and MajorLeague Baseball, which, in the opinion of the Club, will promote thewelfare of the Club or professional baseball, and to observe and complywith all reasonable requirements of the Club respecting conduct andservice of its team and its players, at all times whether on or off the field. Pictures and Public Appearances3.(c) The Player agrees that his picture may be taken for still photo-graphs, motion pictures or television at such times as the Club maydesignate and agrees that all rights in such pictures shall belong to theClub and may be used by the Club for publicity purposes in any man-ner it desires. The Player further agrees that during the playing seasonhe will not make public appearances, participate in radio or televisionprograms or permit his picture to be taken or write or sponsor newspa-per or magazine articles or sponsor commercial products without thewritten consent of the Club, which shall not be withheld except in thereasonable interests of the Club or professional baseball.

      The CBA also blurs the distinction between on-field obligations and off-field expectations for major and minor league players, giving clubs extensive leeway in terms of their expectations for players. In this system, players also have limited autonomy to have full control of their identity, resources, and earning potential outside their career as a professional athlete.

    10. 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.

    11. 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.

    12. 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.

    13. ATTACHMENT 47 Matthew R. Nussbaum, Esq.Assistant General CounselMajor League Baseball Players Association12 East 49th StreetNew York, New York 10017Re: Clubhouse & NutritionDear Matt: This letter will memorialize certain agreements that the Parties havereached with respect to home and visiting clubhouse standards andnutrition

      No minor league player, club, or association representatives were to be included in this committee.

    14. 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.

    15. ATTACHMENT 46International Amateur Talent System

      No minor league player, club, or association representatives were to be included in this subcommittee.

    16. ATTACHMENT 37 David M. Prouty, Esquire General Counsel Major League Baseball Players Association 12 East 49th Street New York, New York 10017 Dear David: This letter will memorialize our agreement on “mini-camps.”

      While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.

    17. 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.

    18. 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.

    19. INWITNESSWHEREOF, the Parties have hereunto subscribed theirnames as of the day and year first above written

      No minor league team, club, player, or league representatives are represented in the agents participating in the CBA negotiations or signing off on the agreement.

    20. 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.

    21. (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.

    22. ARTICLE XXIV—The Revenue Sharing Plan

      While theoretically a revenue sharing plan should have improved overall minor league working conditions, the CBA did not specify any of the shared revenues be allocated for minor league salaries or facilities.

    23. ARTICLE XXIII—Competitive Balance Tax

      The Luxury Tax outlined in the 2003 CBA became known as the Competitive Balance Tax in this CBA. The 1994-1995 Major League strike resulted in significant tensions between players and owners going into this CBA negotiation. The competitive imbalance resulting from the lack of salary spending restrictions within Major League Baseball led to the institution of a Luxury Tax, which penalized clubs for spending over a specified salary cap.

      While advantageous in terms of ensuring Major League competitive balance, the Luxury Tax also set the precedent for the slotted signing bonus system which would have significant impact on minor league labor conditions and compensation.

    24. ARTICLE XXII—Management RightsNothing in this Agreement shall be construed to restrict the rights ofthe Clubs to manage and direct their operations in any manner whatso-ever except as specifically limited by the terms of this Agreemen

      This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    25. 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.

    26. 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.

    27. (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.

    28. 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.

    29. 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.

    30. 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.

    31. E. Active Player Limit

      The negotiation around active player limits starts to formalize established practices and procedures, and in the process limited the number of opportunities available for minor league players to be promoted to the Major League team.

    32. C. Winter League PlayNo Major League Player shall be required to play in the WinterLeagues, provided that this provision shall not bar a Club from recom-mending the advisability of such activity to any Player.

      While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.

    33. ARTICLE XIII—Safety and Health

      Since the CBA only covers clubs included in "leagues" governed by this CBA as the National League and American League, the benefits and resources specified in this article are not guaranteed for minor league clubs.

    34. K. Strength and Conditioning Advisory Committee(1)Strength and Conditioning Advisory CommitteeThe Parties shall maintain a joint Strength and ConditioningAdvisory Committee (“SCAC”) which shall consist of an equalnumber of members representing the Clubs and the Association. Thepurposes of the SCAC shall be

      No minor league club, player, or league representatives are represented in the formation of this Committee.

    35. A. ReportingNo Player shall be required to report for Spring Training workoutsmore than thirty-three (33) days prior to the start of the championshipseason, provided that:(1) injured Players, pitchers and catchers may be invited toattend Spring Training workouts no earlier than forty-three (43)days prior to the start of the championship season; and(2) all other Players may be invited to attend Spring Trainingworkouts no earlier than thirty-eight (38) days prior to the start ofthe championship season

      Although the length of the playing contract is specified elsewhere in the contract, the MLBPA continued working to clarify and formalize players' contractual labor obligations and limit opportunities for clubs to impose additional uncompensated work requirements.

    36. A. Safety and Health Advisory Committee(1)Safety and Health Advisory Committee

      No minor league club, player, or league representatives are represented in the formation of the Health and Safety Committee.

    37. 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.

    38. ARTICLE VIII—Moving Allowances

      Extending the moving expenses clubs were required to cover for promoted players and their families was a major victory for the MLBPA in this CBA. However, no similar policy was outlined for minor league players who relocate due to an assignment to another minor league team.

    39. F. Allowances for Disabled Players

      Minor league players rehabilitating from an injury do not have an equally-specific disability compensation procedure.

    40. D. All-Star and Home Run Derby Participant Benefits

      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 game activities are not covered by this sub-article.

    41. (10)Criteria(a) The criteria will be the quality of the Player’s contribu-tion to his Club during the past season (including but not limitedto his overall performance, special qualities of leadership andpublic appeal), the length and consistency of his career contribu-tion, the record of the Player’s past compensation, comparativebaseball salaries (see paragraph (11) below for confidentialsalary data), the existence of any physical or mental defects onthe part of the Player, and the recent performance record of theClub including but not limited to its League standing and atten-

      Even as arbitration procedures as outlined in the CBA give Major League players greater control over their conditions of labor, this language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    42. E. Salary Arbitration

      As in previous CBAs, 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.

    43. (3) For all Players signing a first Major League contract, theminimum salary for Minor League service shall be as follows:

      The 2003 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who were signing a Major League contract. These minimums did not apply to players who were under a minor league contract.

    44. 2) For all Players (a) signing a second Major League contract(not covering the same season as any such Player’s initial MajorLeague contract) or a subsequent Major League contract, or (b) whohave at least one day of Major League service, the minimum salaryshall be as follows:(i) for Major League service—at a rate not less than the MajorLeague minimum salary;(ii) for Minor League service—at a rate not less than the fol-lowing:2017—at the rate per season of $87,200;2018—at the rate per season of $88,900;2019—at the rate per season of $90,400;2020—at the 2019 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow $90,400;2021—at the 2020 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow the 2020 rate per season.

      The 2007 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who had the minimum one day of Major League service. For players who had not been promoted to a Major League club, these minimums did not apply.

    45. The Clubs recognize the Association as the sole and exclusive collec-tive bargaining agent for all Major League Players, and individualswho may become Major League Players during the term of this Agree-ment, with regard to all terms and conditions of employment, providedthat an individual Player shall be entitled to negotiate in accordancewith the provisions set forth in this Agreement (1) an individual salaryover and above the minimum requirements established by this Agree-ment and (2) Special Covenants to be included in an individual Uni-form Player’s Contract, which actually or potentially provideadditional benefits to the Player

      Establishing the MLBPA as the union for Major League players and players who might become Major League players during a CBA's term limits the ability of minor league players to form their own union.

    46. In making this Agreement the Association represents that it contractsfor and on behalf of the Major League Baseball Players and individu-als who may become Major League Baseball Players during the termof this Agreement, and the Clubs represent that they contract for andon behalf of themselves, any additional Clubs which may becomemembers of the Major Leagues and the successors thereof

      Although minor league baseball was still a distinct organizational entity at this time, the CBA language explicitly stated it applied to current Major League teams but also left vague the relationship of minor league teams to the CBA. While not explicitly articulated in the CBA, the practice became for CBAs negotiated by the MLBPA to address some procedures or concerns for minor league teams and players.

    1. Post-Season Exhibition Games. Major League Rule 18(b) provides

      Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA.

    2. 6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence

      Although the length of the playing contract is specified elsewhere in the contract, this language in the CBA gives clubs the power to place additional, uncompensated, obligations on players to ensure they comply with the level of physical fitness required to remain in good standing with the club per the terms of the contract.

    3. 6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence

      In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.

    4. 2. The Player, when requested by the Club, must submit to a completephysical examination at the expense of the Club, and if necessary totreatment by a physician, dentist, certified athletic trainer or other med-ical professional in good standing. Upon refusal of the Player to submitto a complete medical or dental examination, the Club may considersuch refusal a violation of this regulation and may take such action as itdeems advisable under Regulation 5 of this contract. Disability directlyresulting from injury sustained in the course and within the scope of hisemployment under this contract shall not impair the right of the Playerto receive his full salary for the period of such disability or for the sea-son in which the injury was sustained (whichever period is shorter),together with the reasonable medical and hospital expenses incurred byreason of the injury and during the term of this contract or for a periodof up to two years from the date of initial treatment for such injury,whichever period is longer, but only upon the express prerequisite con-ditions that (a) written notice of such injury, including the time, place,cause and nature of the injury, is served upon and received by the Clubwithin twenty days of the sustaining of said injury and (b) the Club shallhave the right to designate the health care facilities, physicians, dentists,certified athletic trainers or other medical professionals furnishing suchmedical and hospital services. Failure to give such notice shall notimpair the rights of the Player, as herein set forth, if the Club has actualknowledge of such injury. All workmen’s compensation paymentsreceived by the Player as compensation for loss of income for a specificperiod during which the Club is paying him in full, shall be paid overby the Player to the Club. Any other disability may be ground for sus-pending or terminating this contract.

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    5. 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.

    6. By Club7.(b) The Club may terminate this contract upon written notice to thePlayer (but only after requesting and obtaining waivers of this contractfrom all other Major League Clubs) if the Player shall at any time:(1) fail, refuse or neglect to conform his personal conduct to thestandards of good citizenship and good sportsmanship or to keephimself in first-class physical condition or to obey the Club’s train-ing rules; or(2) fail, in the opinion of the Club’s management, to exhibit suf-ficient skill or competitive ability to qualify or continue as a mem-ber of the Club’s team; or(3) fail, refuse or neglect to render his services hereunder or inany other manner materially breach this contract

      Minor league players are given limited avenues to influence or even negotiate the terms of their contractual employment and face significant professional and financial consequences for doing so.

    7. Medical Information6.(b) The Player agrees:(1) that the Club’s physician and any other physician or medicalprofessional consulted by the Player pursuant to Regulation 2 of thiscontract or Article XIII(D) of the Basic Agreement may furnish tothe Club all relevant medical information relating to the Player.Except as permitted by Article XIII(G) of the Basic Agreement,which is incorporated herein by reference, the Club is prohibitedfrom re-disclosing any such information without the express writtenconsent of the Player. The Club’s physician shall be the custodian ofthe medical records furnished to a Club pursuant to this Paragraph6(b). The Club’s trainers shall have access to all such records pro-vided to the Club.(2) that, should the Club contemplate an assignment of this con-tract to another Club or Clubs, the Club’s physician may furnish tothe physicians and officials of such other Club or Clubs all relevan

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    8. Service5.(a) The Player agrees that, while under contract, and prior to expira-tion of the Club’s right to renew this contract, he will not play baseballotherwise than for the Club, except that the Player may participate inpost-season games under the conditions prescribed in the MajorLeague Rules. Major League Rule 18(b) is set forth herein

      These procedures are articulated in more detail in the rules documents, but players at any level of U.S. professional baseball have limited opportunities to use their baseball skills in other baseball contexts for financial gain. Those financial stakes have different ramifications for players not covered by major league salary minimums.

    9. Baseball Promotion3.(b) In addition to his services in connection with the actual playing ofbaseball, the Player agrees to cooperate with the Club and participate inany and all reasonable promotional activities of the Club and MajorLeague Baseball, which, in the opinion of the Club, will promote thewelfare of the Club or professional baseball, and to observe and complywith all reasonable requirements of the Club respecting conduct andservice of its team and its players, at all times whether on or off the field. Pictures and Public Appearances3.(c) The Player agrees that his picture may be taken for still photo-graphs, motion pictures or television at such times as the Club maydesignate and agrees that all rights in such pictures shall belong to theClub and may be used by the Club for publicity purposes in any man-ner it desires. The Player further agrees that during the playing seasonhe will not make public appearances, participate in radio or televisionprograms or permit his picture to be taken or write or sponsor newspa-per or magazine articles or sponsor commercial products without thewritten consent of the Club, which shall not be withheld except in thereasonable interests of the Club or professional baseba

      The CBA also blurs the distinction between on-field obligations and off-field expectations for major and minor league players, giving clubs extensive leeway in terms of their expectations for players. In this system, players also have limited autonomy to have full control of their identity, resources, and earning potential outside their career as a professional athlete.

    10. 265ATTACHMENT 46International Amateur TalentI. International Talent Committee

      No minor league player, club, or association representatives were to be included in this subcommittee.

    11. 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.

    12. 250ATTACHMENT 37 David M. Prouty, Esquire Chief Labor Counsel Major League Baseball Players Association 12 East 49th Street New York, New York 10017 Dear David: This letter will memorialize our agreement on “mini-camps”.

      While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.

    13. 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.

    14. 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.

    15. ARTICLE XXV—The Industry Growth Fund

      Additionally, no minor league clubs, players, or representatives were included in the formation of the Industry Growth Fund governance structure.

    16. 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.

    17. (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.

    18. ARTICLE XXIV—The Revenue Sharing Plan

      While theoretically a revenue sharing plan should have improved overall minor league working conditions, the CBA did not specify any of the shared revenues be allocated for minor league salaries or facilities.

    19. ARTICLE XXIII—Competitive Balance TaxA. General Definitions

      The Luxury Tax outlined in the 2003 CBA became known as the Competitive Balance Tax in this CBA. The 1994-1995 Major League strike resulted in significant tensions between players and owners going into this CBA negotiation. The competitive imbalance resulting from the lack of salary spending restrictions within Major League Baseball led to the institution of a Luxury Tax, which penalized clubs for spending over a specified salary cap.

      While advantageous in terms of ensuring Major League competitive balance, the Luxury Tax also set the precedent for the slotted signing bonus system which would have significant impact on minor league labor conditions and compensation.

    20. ARTICLE XXII—Management RightsNothing in this Agreement shall be construed to restrict the rights ofthe Clubs to manage and direct their operations in any manner whatso-ever except as specifically limited by the terms of this Agreement.

      This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    21. 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.

    22. 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.

    23. (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.

    24. 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.

    25. 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.

    26. A. Consent to Assignment

      Even as free agency was radically altering the compensation level and conditions of labor for Major League players, minor league players continued to have limited say over their contract assignment and level of compensation.

    27. 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.

    28. K. International Play

      With organized baseball becoming more firmly established, profitable, and successful outside the United States, Major League Baseball and the MLBPA further expanded the level of specificity and regulation in the CBA in terms of international competition.

    29. E. Active Player Limit

      The negotiation around active player limits starts to formalize established practices and procedures, and in the process limited the number of opportunities available for minor league players to be promoted to the Major League team.

    30. C. Winter League PlayNo Major League Player shall be required to play in the WinterLeagues, provided that this provision shall not bar a Club from recom-mending the advisability of such activity to any Player

      While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.

    31. A. Safety and Health Advisory Committee(1)Safety and Health Advisory Committee

      No minor league club, player, or league representatives are represented in the formation of the Health and Safety Committee.

    32. 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.

    33. ARTICLE VIII—Moving Allowances

      Extending the moving expenses clubs were required to cover for promoted players and their families was a major victory for the MLBPA in this CBA. However, no similar policy was outlined for minor league players who relocate due to an assignment to another minor league team.

    34. A Player who performs prescribed rehabilitation work will receive theallowances set forth below depending on the location of the rehabilita-tion. The applicable allowances (if any) will be provided withoutdeduction irrespective of whether the Club directs the Player to per-form rehabilitation work at the site pursuant to its rights under theBasic Agreement, or the Player voluntarily agrees to perform rehabili-tation work at a particular site with the consent of the Club.

      Minor league players rehabilitating from an injury do not have an equally-specific disability compensation procedure.

    35. E. All-Star and Home Run Derby Participant Benefit

      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 game activities are not covered by this sub-article.

    36. (10)Criteria

      Even as arbitration procedures as outlined in the CBA give Major League players greater control over their conditions of labor, this language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    37. E. Salary Arbitration

      As in previous CBAs, 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.

    38. 3) For all Players signing a first Major League contract who arenot covered by paragraph (2) above, the minimum salary for MinorLeague service shall be as follows

      The 2003 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who were signing a Major League contract. These minimums did not apply to players who were under a minor league contract.

    39. (2) For all Players (a) signing a second Major League contract(not covering the same season as any such Player’s initial MajorLeague contract) or a subsequent Major League contract, or (b) hav-ing at least one day of Major League service, the minimum salaryshall be as follows:(i) for Major League service—at a rate not less than the MajorLeague minimum salary;(ii) for Minor League service—at a rate not less than the fol-lowing:2012—at the rate per season of $78,250;2013—at the rate per season of $79,900;2014—at the rate per season of $81,500;2015—at the 2014 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow $81,500;2016—at the 2015 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow the 2015 rate per season

      The 2007 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who had the minimum one day of Major League service. For players who had not been promoted to a Major League club, these minimums did not apply.

    40. The Clubs recognize the Association as the sole and exclusive collec-tive bargaining agent for all Major League Players, and individualswho may become Major League Players during the term of this Agree-ment, with regard to all terms and conditions of employment, providedthat an individual Player shall be entitled to negotiate in accordancewith the provisions set forth in this Agreement (1) an individual salaryover and above the minimum requirements established by this Agree-ment and (2) Special Covenants to be included in an individual Uni-form Player’s Contract, which actually or potentially provideadditional benefits to the Player

      Establishing the MLBPA as the union for Major League players and players who might become Major League players during a CBA's term limits the ability of minor league players to form their own union.

    41. In making this Agreement the Association represents that it contractsfor and on behalf of the Major League Baseball Players and individu-als who may become Major League Baseball Players during the termof this Agreement, and the Clubs represent that they contract for andon behalf of themselves, any additional Clubs which may becomemembers of the Major Leagues and the successors thereof

      Although minor league baseball was still a distinct organizational entity at this time, the CBA language explicitly stated it applied to current Major League teams but also left vague the relationship of minor league teams to the CBA. While not explicitly articulated in the CBA, the practice became for CBAs negotiated by the MLBPA to address some procedures or concerns for minor league teams and players.

    1. Post-Season Exhibition Games. Major League Rule 18(b) provides:

      Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA.

    2. 6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compen-sation than that herein elsewhere provided, for a period beginning notearlier than thirty-three (33) days prior to the start of the championshipseason, provided, however, that the Club may invite players to reportat an earlier date on a voluntary basis in accordance with Article XIVof the Basic Agreement. The Club will pay the necessary travelingexpenses, including the first-class jet air fare and meals en route of thePlayer from his home city to the training place of the Club, whether hebe ordered to go there directly or by way of the home city of the Club.In the event of the failure of the Player to report for practice or to par-ticipate in the exhibition games, as required and provided for, he shallbe required to get into playing condition to the satisfaction of theClub’s team manager, and at the Player’s own expense, before hissalary shall commence.

      In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.

    3. 6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compen-sation than that herein elsewhere provided, for a period beginning notearlier than thirty-three (33) days prior to the start of the championshipseason, provided, however, that the Club may invite players to reportat an earlier date on a voluntary basis in accordance with Article XIVof the Basic Agreement. The Club will pay the necessary travelingexpenses, including the first-class jet air fare and meals en route of thePlayer from his home city to the training place of the Club, whether hebe ordered to go there directly or by way of the home city of the Club.In the event of the failure of the Player to report for practice or to par-ticipate in the exhibition games, as required and provided for, he shallbe required to get into playing condition to the satisfaction of theClub’s team manager, and at the Player’s own expense, before hissalary shall commence.

      Although the length of the playing contract is specified elsewhere in the contract, this language in the CBA gives clubs the power to place additional, uncompensated, obligations on players to ensure they comply with the level of physical fitness required to remain in good standing with the club per the terms of the contract.

    4. 2. The Player, when requested by the Club, must submit to a completephysical examination at the expense of the Club, and if necessary totreatment by a regular physician or dentist in good standing. Uponrefusal of the Player to submit to a complete medical or dental exami-nation, the Club may consider such refusal a violation of this regula-tion and may take such action as it deems advisable under Regulation5 of this contract. Disability directly resulting from injury sustained inthe course and within the scope of his employment under this contractshall not impair the right of the Player to receive his full salary for theperiod of such disability or for the season in which the injury was sus-tained (whichever period is shorter), together with the reasonable med-ical and hospital expenses incurred by reason of the injury and duringthe term of this contract or for a period of up to two years from the dateof initial treatment for such injury, whichever period is longer, but onlyupon the express prerequisite conditions that (a) written notice of suchinjury, including the time, place, cause and nature of the injury, isserved upon and received by the Club within twenty days of the sus-taining of said injury and (b) the Club shall have the right to designatethe doctors and hospitals furnishing such medical and hospital servic-es. Failure to give such notice shall not impair the rights of the Player,as herein set forth, if the Club has actual knowledge of such injury. Allworkmen’s compensation payments received by the Player as compen-sation for loss of income for a specific period during which the Club is paying him in full, shall be paid over by the Player to the Club. Any other disability may be ground for suspending or terminating thiscontract

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    5. 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.

    6. (4) Within five (5) days after receipt of notice of such claim, thePlayer shall be entitled, by written notice to the Club, to terminatethis contract on the date of his notice of termination. If the Playerfails to so notify the Club, this contract shall be assigned to theclaiming Club.

      Even with free agency established, minor league players continued to have limited say over their contract assignment to a minor or other major league team.

    7. By Club7.(b) The Club may terminate this contract upon written notice to thePlayer (but only after requesting and obtaining waivers of this contractfrom all other Major League Clubs) if the Player shall at any time:(1) fail, refuse or neglect to conform his personal conduct to thestandards of good citizenship and good sportsmanship or to keephimself in first-class physical condition or to obey the Club’s train-ing rules; or(2) fail, in the opinion of the Club’s management, to exhibit suf-ficient skill or competitive ability to qualify or continue as a mem-ber of the Club’s team; or(3) fail, refuse or neglect to render his services hereunder or inany other manner materially breach this contract.7.(c) If this contract is terminated by the Club, the Player shall be enti-tled to termination pay under the circumstances and in the amounts setforth in Article IX of the Basic Agreement. In addition, the Player shallbe entitled to receive an amount equal to the reasonable travelingexpenses of the Player, including first-class jet air fare and meals enroute, to his home city

      Minor league players are given limited avenues to influence or even negotiate the terms of their contractual employment and face significant professional and financial consequences for doing so.

    8. Medical Information6.(b) The Player agrees:(1) that the Club’s physician and any other physician consultedby the Player pursuant to Regulation 2 of this contract or ArticleXIII(D) of the Basic Agreement may furnish to the Club all relevantmedical information relating to the Player; and(2) that, should the Club contemplate an assignment of this con-tract to another Club or Clubs, the Club’s physician may furnish tothe physicians and officials of such other Club or Clubs all relevantmedical information relating to the Player

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    9. Service5.(a) The Player agrees that, while under contract, and prior to expira-tion of the Club’s right to renew this contract, he will not play baseballotherwise than for the Club, except that the Player may participate inpost-season games under the conditions prescribed in the MajorLeague Rules. Major League Rule 18(b) is set forth herein

      These procedures are articulated in more detail in the rules documents, but players at any level of U.S. professional baseball have limited opportunities to use their baseball skills in other baseball contexts for financial gain. Those financial stakes have different ramifications for players not covered by major league salary minimums.

    10. Baseball Promotion3.(b) In addition to his services in connection with the actual playingof baseball, the Player agrees to cooperate with the Club and partici-pate in any and all reasonable promotional activities of the Club andMajor League Baseball, which, in the opinion of the Club, will pro-mote the welfare of the Club or professional baseball, and to observeand comply with all reasonable requirements of the Club respectingconduct and service of its team and its players, at all times whether onor off the field. Pictures and Public Appearances3.(c) The Player agrees that his picture may be taken for still photo-graphs, motion pictures or television at such times as the Club maydesignate and agrees that all rights in such pictures shall belong to theClub and may be used by the Club for publicity purposes in any man-ner it desires. The Player further agrees that during the playing seasonhe will not make public appearances, participate in radio or televisionprograms or permit his picture to be taken or write or sponsor newspa-per or magazine articles or sponsor commercial products without thewritten consent of the Club, which shall not be withheld except in thereasonable interests of the Club or professional baseball.

      The CBA also blurs the distinction between on-field obligations and off-field expectations for major and minor league players, giving clubs extensive leeway in terms of their expectations for players. In this system, players also have limited autonomy to have full control of their identity, resources, and earning potential outside their career as a professional athlete.

    11. 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.

    12. 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.

    13. UNIFORM REGULATIONS

      While not directly related to player compensation or labor conditions, this CBA represents the first time Major League Baseball and the MLBPA used the CBA to legislate sartorial regulations for professional baseball players.

    14. 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.

    15. ARTICLE XXV—The Industry Growth Fund

      Additionally, no minor league clubs, players, or representatives were included in the formation of the Industry Growth Fund governance structure.

    16. 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.

    17. (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.

    18. RTICLE XXIII—Competitive Balance Tax

      The Luxury Tax outlined in the 2003 CBA became known as the Competitive Balance Tax in this CBA. The 1994-1995 Major League strike resulted in significant tensions between players and owners going into this CBA negotiation. The competitive imbalance resulting from the lack of salary spending restrictions within Major League Baseball led to the institution of a Luxury Tax, which penalized clubs for spending over a specified salary cap.

      While advantageous in terms of ensuring Major League competitive balance, the Luxury Tax also set the precedent for the slotted signing bonus system which would have significant impact on minor league labor conditions and compensation.

    19. ARTICLE XXII—Management RightsNothing in this Agreement shall be construed to restrict the rights ofthe Clubs to manage and direct their operations in any manner what-soever except as specifically limited by the terms of this Agreement.

      This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    20. 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.

    21. 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.

    22. 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.

    23. 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.

    24. 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.

    25. A. Consent to Assignment

      Even as free agency was radically altering the compensation level and conditions of labor for Major League players, minor league players continued to have limited say over their contract assignment and level of compensation.

    26. 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.

    27. (5)International Play Committee

      No minor league club or player representatives are included on this committee.

    28. J. International Play

      With organized baseball becoming more firmly established, profitable, and successful outside the United States, Major League Baseball and the MLBPA further expanded the level of specificity and regulation in the CBA in terms of international competition.

    29. E. Active Player Limit(1) The active Player limit set forth in Major League Rule 2(c)for the period beginning with opening day of the championship sea-son and ending at Midnight, August 31, shall be 25, provided thatthe minimum number of active Players maintained by each Clubthroughout the championship season shall be 24. However, if areduction below 24 occurs as a result of unforeseen circumstances,the Club shall, within 48 hours (plus time necessary for the Playerto report), bring its active roster back to a minimum of 24 Players.The utilization or non-utilization of rights under this paragraph (1)is an individual matter to be determined solely by each Club for itsown benefit. Clubs shall not act in concert with other Clubs.(2) The active Player limit set forth in Major League Rule 2(c)for the period beginning with September 1 and ending with the closeof the championship season shall be 40 for the duration of thisAgreement.

      The negotiation around active player limits starts to formalize established practices and procedures, and in the process limited the number of opportunities available for minor league players to be promoted to the Major League team.

    30. C. Winter League PlayNo Major League Player shall be required to play in the WinterLeagues, provided that this provision shall not bar a Club from recom-mending the advisability of such activity to any Player

      While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.

    31. A. ReportingNo Player shall be required to report for spring training workouts morethan thirty-three (33) days prior to the start of the championship sea-son, provided that:

      Although the length of the playing contract is specified elsewhere in the contract, the MLBPA continued working to clarify and formalize players' contractual labor obligations and limit opportunities for clubs to impose additional uncompensated work requirements.

    32. A. Safety and Health Advisory Committee(1)Safety and Health Advisory CommitteeThe Parties shall establish and maintain a bipartisan Safety andHealth Advisory Committee which shall be comprised of an equalnumber of members representing the Association and representingthe Clubs. The purpose of the Committee shall be(a) to deal with emergency safety and health problems as theyarise, and attempt to find solutions, and(b) to engage in review of, planning for and maintenance ofsafe and healthful working conditions for Players.

      No minor league club, player, or league representatives are represented in the formation of the Health and Safety Committee.

    33. 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.

    34. ARTICLE VIII—Moving Allowances

      Extending the moving expenses clubs were required to cover for promoted players and their families was a major victory for the MLBPA in this CBA. However, no similar policy was outlined for minor league players who relocate due to an assignment to another minor league team.

    35. E. 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.

    36. (a) The criteria will be the quality of the Player’s contributionto his Club during the past season (including but not limited to hisoverall performance, special qualities of leadership and publicappeal), the length and consistency of his career contribution, therecord of the Player’s past compensation, comparative baseballsalaries (see paragraph (13) below for confidential salary data),the existence of any physical or mental defects on the part of thePlayer, and the recent performance record of the Club includingbut not limited to its League standing and attendance as an indi-cation of public acceptance (subject to the exclusion stated in

      Even as arbitration procedures as outlined in the CBA give Major League players greater control over their conditions of labor, this language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    37. F. Salary Arbitration

      As in previous CBAs, 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.

    38. (ii) for Minor League service—at a rate not less than the following:2003—at the rate per season of $50,000;2004—at the rate per season of $50,000;2005—at the rate per season of $50,000 plus a cost of liv-ing adjustment, rounded to the nearest $100, provided that thecost of living adjustment shall not reduce the minimum salarybelow $50,000;2006—at the 2005 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the cost

      The 2003 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who had the minimum one day of Major League service. For players who had not been promoted to a Major League club, these minimums did not apply.

    39. The Clubs recognize the Association as the sole and exclusive collec-tive bargaining agent for all Major League Players, and individualswho may become Major League Players during the term of this Agree-ment, with regard to all terms and conditions of employment, provid-ed that an individual Player shall be entitled to negotiate in accordancewith the provisions set forth in this Agreement (1) an individual salaryover and above the minimum requirements established by this Agree-ment and (2) Special Covenants to be included in an individual Uni-form Player’s Contract, which actually or potentially provideadditional benefits to the Player

      Establishing the MLBPA as the union for Major League players and players who might become Major League players during a CBA's term limits the ability of minor league players to form their own union.

    40. In making this Agreement the Association represents that it contractsfor and on behalf of the Major League Baseball Players and individu-als who may become Major League Baseball Players during the termof this Agreement, and the Clubs represent that they contract for andon behalf of themselves, any additional Clubs which may becomemembers of the Major Leagues and the successors thereof

      Although minor league baseball was still a distinct organizational entity at this time, the CBA language explicitly stated it applied to current Major League teams but also left vague the relationship of minor league teams to the CBA. While not explicitly articulated in the CBA, the practice became for CBAs negotiated by the MLBPA to address some procedures or concerns for minor league teams and players.

    1. . In order to enable the Player to fit himself for his duties under this contract, the Club may require the Player to report for practice at such places as the Club may designate and to participate in such exhibition contests as may be arranged by the Club, without any other compensation than that herein elsewhere provided, for a period begin-ning not earlier than thirty-three (33) days prior to the start of the championship season, provided, however, that the Club may invite players to report at an earlier date on a voluntary basis in accordance with Article XIV of the Basic Agreement. The Club will pay the necessary traveling expenses, including the first-class jet air fare and meals en route of the Player from his home city to the training place of the Club, whether he be ordered to go there directly or by way of the home city of the Club. In the event of the failure of the Player to report for practice or to participate in the exhibition games, as required and provided for, he shall be required to get into playing condition to the satisfaction of the Club's team manager, and at the Player's own expense, before his salary shall commence.

      In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.

    2. A. Safety and Health Advisory Committee (1) Safety and Health Advisory Committee

      No minor league club, player, or league representatives are represented in the formation of the Health and Safety Committee.

    3. Post-Season Exhibition Games. Major League Rule 18(b) provides

      Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA.

    4. 6. In order to enable the Player to fit himself for his duties under this contract, the Club may require the Player to report for practice at such places as the Club may designate and to participate in such exhibition contests as may be arranged by the Club, without any other compensation than that herein elsewhere provided, for a period begin-ning not earlier than thirty-three (33) days prior to the start of the championship season, provided, however, that the Club may invite players to report at an earlier date on a voluntary basis in accordance with Article XIV of the Basic Agreement. The Club will pay the necessary traveling expenses, including the first-class jet air fare and meals en route of the Player from his home city to the training place of the Club, whether he be ordered to go there directly or by way of the home city of the Club. In the event of the failure of the Player to report for practice or to participate in the exhibition games, as required and provided for, he shall be required to get into playing condition to the satisfaction of the Club's team manager, and at the Player's own expense, before his salary shall commence.

      Although the length of the playing contract is specified elsewhere in the contract, this language in the CBA gives clubs the power to place additional, uncompensated, obligations on players to ensure they comply with the level of physical fitness required to remain in good standing with the club per the terms of the contract.

    5. . The Player, when requested by the Club, must submit to a com-plete physical examination at the expense of the Club, and if necessary to treatment by a regular physician or dentist in good standing. Upon refusal of the Player to submit to a complete medical or dental ex-amination, the Club may consider such refusal a violation of this regulation and may take such action as it deems advisable under Regulation 5 of this contract. Disability directly resulting from in-jury sustained in the course and within the scope of his employment under this contract shall not impair the right of the Player to receive his full salary for the period of such disability or for the season in which the injury was sustained (whichever period is shorter), together with the reasonable medical and hospital expenses incurred by reason of the injury and during the term of this contract or for a period of up to two years from the date of initial treatment for such injury, whichever period is longer, but only upon the express prerequisite conditions that (a) written notice of such injury, including the time, place, cause and nature of the injury, is served upon and received by the Club within twenty days of the sustaining of said injury and (b) the Club shall have the right to designate the doctors and hospitals furnishing such medical and hospital services. Failure to give such notice shall not impair the rights of the Player, as herein set forth, if the Club has actual knowledge of such injury. All workmen's com-pensation payments received by the Player as compensation for loss of income for a specific period ~uring which the Club is paying him in full, shall be paid over by the Player to the Club. Any other disabili-ty may be ground for suspending or terminating this contract

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    6. 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.

    7. (4) Within five (5) days after receipt of notice of such claim, the Player shall be entitled, by written notice to the Club, toter-minate this contract on the date of his notice of termination. If the Player fails to so notify the Club, this contract shall be assigned to the claiming Club.

      Even with free agency established, minor league players continued to have limited say over their contract assignment to a minor or other major league team.

    8. By Club 7.(b) The Club may terminate this contract upon written notice to the Player (but only after requesting and obtaining waivers of this contract from all other Major League Clubs) if the Player shall at any time: (1) fail, refuse or neglect to conform his personal conduct to the standards of good citizenship and good sportsmanship or to keep himself in first-class physical condition or to obey the Club's training rules; or (2) fail, in the opinion of the Club's management, to exhibit sufficient skill or competitive ability to qualify or continue as a member of the Club's team; or (3) fail, refuse or neglect to render his services hereunder or in any other manner materially breach this contract.

      Minor league players are given limited avenues to influence or even negotiate the terms of their contractual employment and face significant professional and financial consequences for doing so.

    9. Medical Information 6.(b) The Player agrees that, should the Club contemplate an assign-ment of this contract to another Club or Clubs, the Club's physician may furnish to the physicians and officials of such other Club or Clubs all relevant medical information relating to the Player

      While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.

    10. Service 5.(a) The Player agrees that, while under contract, and prior to expiration of the Club's right to renew this contract, he will not play baseball otherwise than for the Club, except that the Player may par-ticipate in post-season games under the conditions prescribed in the Major League Rules. Major League Rule 18(b) is set forth herein.

      These procedures are articulated in more detail in the rules documents, but players at any level of U.S. professional baseball have limited opportunities to use their baseball skills in other baseball contexts for financial gain. Those financial stakes have different ramifications for players not covered by major league salary minimums.

    11. Ability 4.(a) The Player represents and agrees that he has exceptional and unique skill and ability as a baseball player; that his services to be rendered hereunder are of a special, unusual and extraordinary character which gives them peculiar value which cannot be reasonably or adequately compensated for in damages at law, and that the Player's breach of this contract will cause the Club great and ir-reparable injury and damage. The Player agrees that, in addition to other remedies, the Club shall be entitled to injunctive and other equitable relief to prevent a breach of this contract by the Player, including, among others, the right to enjoin the Player from playing baseball for any other person or organization during the term of his contract.

      This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    12. Baseball Promotion 3. (b) In addition to his services in connection with the actual playing of baseball, the Player agrees to cooperate with the Club and par-ticipate in any and all reasonable promotional activities of the Club

      The CBA also blurs the distinction between on-field obligations and off-field expectations for major and minor league players, giving clubs extensive leeway in terms of their expectations for players. In this system, players also have limited autonomy to have full control of their identity, resources, and earning potential outside their career as a professional athlete.

    13. The Club is a member of the National League of Professional Baseball Clubs, a voluntary association of member Clubs which has subscribed to the Major League Rules with the American League of Professional Baseball Clubs and its constituent Clubs and to The Professional Baseball Rules with that League and the National Association of Baseball Leagues

      As noted in the annotations on the rules documents, the rules and procedures that governed Major League teams were also extended to the NAPBL, which included all minor league teams. This ambiguity in language around distinct procedures and standing for minor league players and teams has presented challenges to determining the legal status or standing for minor league baseball.

    14. 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.

    15. National League Expansion

      The National League added two teams in 1993, the Colorado Rockies and the Florida (now Miami) Marlins. Although the CBA provided detailed procedures for how Major League players would be procured for these new teams, the inevitable impact on minor league structure was not considered or clearly articulated.

    16. IN WITNESS WHEREOF, the Parties have hereunto subscribed their names as of the day and year first above written.

      No minor league team, club, player, or league representatives are represented in the agents participating in the CBA negotiations or signing off on the agreement.

    17. The Committee shall consist of no more than six (6) representatives from the Clubs and no more than six (6) representatives from the Association. The Executive Director and/or General Counsel of the Player Relations Committee (or his designee) shall be one of the Club representatives and shall serve as the Club co-chair. The Executive Director and/or General Counsel of the Players Association (or his designee) shall be one of the Association representatives and shall serve as the Association co-chair.

      After the series of strikes, lockouts, and work stoppages that plagued Major League Baseball in the 1980s, both the MLBPA and management had a vested interest in ensuring more amicable labor relations moving forward.

      However, no minor league team, club, player, or league representatives are represented on this committee.

    18. ARTICLE XXIV-Baseball Economic Study Committee

      No minor league team, club, player, or league representatives are included in this study committee, suggesting minor league baseball at this time was not seen as a central element of professional baseball's economic value.

    1. 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.

    2. A. ReportingNo Player shall be required to report for spring training workouts more thanthirty-three (33) days prior to the start of the championship season, provided that:(1) injured Players, pitchers and catchers may be invited to -attend spring training workouts no earlier than forty-five (45) days prior to the start of the championship season; and(2) all other Players may be invited to attend spring training workouts no earlier than forty (40) days prior to the start of the championship season.

      Although the length of the playing contract is specified elsewhere in the contract, the MLBPA continued working to clarify and formalize players' contractual labor obligations and limit opportunities for clubs to impose additional uncompensated work requirements.

    3. (b) Cost of living adjustments for the split minimum salary for National Association service described above in paragraph (2) shall be computed as follows:

      The 1997 CBA was one of the first times the level of specificity applied to Major League salary calculations was also applied to minor league player salaries, creating some minimum standard protections for minor league salary stability. However, those protections only applied to minor league players who had the requisite one day of Major League service.

    4. (ii) for National Association service-at a rate not less than the following:1996-$28,900 per season;1997-at the rate per season of $37,000;1998-at the rate per season of $37,000;1999-at the rate per season equal to $37,000 plus a cost of living adjustment, rounded to the nearest $100, provided that the cost of living adjustment shall not reduce the minimum salary below $37,000

      The 1997 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who had the minimum one day of Major League service. For players who had not been promoted to a Major League club, these minimums did not apply.

    5. IN WITNESS WHEREOF, the Parties have hereunto subscribed their names as of the day and year first above written.

      No minor league team, club, player, or league representatives are represented in the agents participating in the CBA negotiations or signing off on the agreement.

    6. 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.

    7. ARTICLE XXVIThe Industry Growth Fund

      Additionally, no minor league clubs, players, or representatives were included in the formation of the Industry Growth Fund governance structure.

    8. 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.

    9. ARTICLE XXVThe Revenue Sharing Plan

      While theoretically a revenue sharing plan should have improved overall minor league working conditions, the CBA did not specify any of the shared revenues be allocated for minor league salaries or facilities.

    10. ARTICLE XXIIILuxury Tax

      The 1994-1995 Major League strike resulted in significant tensions between players and owners going into this CBA negotiation. The competitive imbalance resulting from the lack of salary spending restrictions within Major League Baseball led to the institution of a Luxury Tax, which penalized clubs for spending over a specified salary cap.

      While advantageous in terms of ensuring Major League competitive balance, the Luxury Tax also set the precedent for the slotted signing bonus system which would have significant impact on minor league labor conditions and compensation.

    11. ARTICLE XXIIManagement RightsNothing in this Agreement shall be construed to restrict the rights of the Clubs to manage and direct their operations in any manner whatsoever except as specifically limited by the terms of this Agreement

      This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    12. 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.

    13. 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.

    14. (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.

    15. 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.

    16. A. Consent to Assignment

      Even as free agency was radically altering the compensation level and conditions of labor for Major League players, minor league players continued to have limited say over their contract assignment and level of compensation.

    17. 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.

    18. 5) International Play Committee

      No minor league club or player representatives are included on this committee.

    19. I. International Play

      With organized baseball becoming more firmly established, profitable, and successful outside the United States, Major League Baseball and the MLBPA further expanded the level of specificity and regulation in the CBA in terms of international competition.

    20. E. Active Player Limit(1) The active Player limit set forth in Major League Rule 2(c) for the period beginning with opening day of the championship season and ending at midnight, August 31, shall be 25, provided that the minimum number of active Players maintained by each Club throughout the championship season shall be 24. However, if a reduction below 24occurs as a result of unforeseen circumstances, the Club shall, within 48 hours (plus time necessary for the Player to report), bring its active roster back to a minimum of 24 Players. The utilization or non-utilization of rights under this paragraph (1) is anindividual matter to be determined solely by each Club for its own benefit. Clubs shall not act in concert with other Clubs.(2) The active Player limit set forth in Major League Rule 2(c) for the period beginning with September 1 and ending with the close of the championship season shall be 40 for the duration of this Agreement

      The negotiation around active player limits starts to formalize established practices and procedures, and in the process limited the number of opportunities available for minor league players to be promoted to the Major League team.

    21. C. Winter League PlayNo Major League Player shall be required to play in the Winter Leagues, provided that this provision shall not bar a Club from recommending the advisability of such activity to

      While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.

    22. A. Safety and Health Advisory Committee(1) Safety and Health Advisory Committee

      No minor league club, player, or league representatives are represented in the formation of the Health and Safety Committee.

    23. 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.

    24. ARTICLE VIIIMoving Allowances

      Extending the moving expenses clubs were required to cover for promoted players and their families was a major victory for the MLBPA in this CBA. However, no similar policy was outlined for minor league players who relocate due to an assignment to another minor league team.

    25. E. All-Star GameA 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 thefirst-class jet air fare to and from the site of the All-Star Game for one guest from the guest’s place of residence, 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.

    26. (12) Criteria.(a) The criteria will be the quality of the Player’s contribution to his Club during the past season (including but not limited to his overall performance, special qualities of leadership and public appeal), the length and consistency of his career contribution, the record of the Player’s past compensation, comparative baseball salaries (see paragraph (13) below for confidential salary data), the existence of any physical or mental defects on the part of the Player, and the recent performance record of the Club including but not limited to its League standing and attendance as an indication of public acceptance (subject to the exclusion stated in subparagraph (b)(i) below). Any evidence may be submitted which is relevant to the above criteria, and the arbitrator or arbitration panel shall assign such weight to the evidence as shall appear appropriate under thecircumstances. The arbitrator or arbitration panel shall, except for a Player with five or more years of Major League service, give particular attention, for comparative salary purposes, to the contracts of Players with Major League service not exceeding oneannual service group above the Player’s annual service group. This shall not limit the ability of a Player or his representative, because of special accomplishment, to argue the equal relevance of salaries of Players without regard to service, and the arbitrator or arbitration panel shall give whatever weight to such argument as is deemed appropriate

      Even as arbitration procedures as outlined in the CBA give Major League players greater control over their conditions of labor, this language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.

    27. . Salary Arbitration

      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.

    28. 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 during the term of this Agreement, with regard to all terms and conditions ofemployment, provided that an individual Player shall be entitled to negotiate inaccordance with the provisions set forth in this Agreement (1) an individual salary over and above the minimum requirements established by this Agreement and (2) Special Covenants to be included in an individual Uniform Player’s Contract, which actually or potentially provide additional benefits to the Player.

      Establishing the MLBPA as the union for Major League players and players who might become Major League players during a CBA's term limits the ability of minor league players to form their own union.

    29. In making this Agreement the Association represents that it contracts for and on behalf of the Major League Baseball Players and individuals who may become Major League Baseball Players during the term of this Agreement, and the Clubs represent that they contract for and on behalf of themselves, any additional Clubs which may becomemembers of the Major Leagues and the successors thereof.

      Although minor league baseball was still a distinct organizational entity at this time, the CBA language explicitly stated it applied to current Major League teams but also left vague the relationship of minor league teams to the CBA. While not explicitly articulated in the CBA, the practice became for CBAs negotiated by the MLBPA to address some procedures or concerns for minor league teams and players.

    1. 4) Within 5 days after receipt of notice of such claim, the Player shall be entitled, by written notice to the Club, to terminate this contract on the date of his notice of termination. If the Player fails to so notify the Club, this contract shall be assigned to the claiming Club. ( 5) If the contract is not claimed, the Club shall promptly deliver written notice of termination to the Player at the expiration of the waiver period. 7. ( e) Upon any termination of this contract by the Player, all obli-gations of both Parties hereunder shall cease on the date of termi

      Even as free agency was developing, minor league players continued to have limited say over their contract assignment to a minor or other major league team.