- Nov 2024
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www.youtube.com www.youtube.com
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we made this thing called the clarify for people with high frequency hearing loss
for - BEing journey - consumer electronic device - the Clarify - sensory substitution - auditory to vibration compensation - for high frequency hearing loss in older people - Neosensory - David Eagleman
- sensory substitution - The Clarify - Performs better than conventional hearing aids - Neosensory - David Eagleman
Tags
- BEing journey - consumer electronic device - the Clarify - sensory substitution - auditory to vibration compensation - for high frequency hearing loss in older people - Neosensory - David Eagleman
- sensory substitution - The Clarify - Performs better than conventional hearing aids - Neosensory - David Eagleman
Annotators
URL
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- Jun 2024
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docdrop.org docdrop.org
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un résultat qui est un un petit peu étonnant mais en fait qui est très constant dans la sociologie qui est que 00:28:32 à performance identique les les enfants étrangers on en fait sont en fait plus ambitieux plus ambitieux il y avait il y avait un rapport de de Louis André valet 00:28:47 qui était paru là-dessus qui montrait tout à fait ça et dans ce cas-là voyez bah que fait le que fait le conseil de classe bah là encore il pousse dans le sens inverse voyz d' 00:29:01 d'une certaine façon pour dire B aux élèves français probablement voilà vous aussi vous pouvez avoir des ambitions voil donc ce même effet de compensation 00:29:12 que finalement on peut assez logiquement attendre du conseil de classe
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si on fait une focale donc cette fois sur les recommandations que vous voyez ici vous voyez que la moyenne d'art et technologie elle 00:27:52 a un impact positif sur les recommandations ça veut dire que là le conseil de classe et bien en fait il compense cela il fait il dit ben en gros 00:28:05 hein voilà ça veut dire mais enfin vu vos notes y compris cell de d'art et technologie bah vous devriez finalement davantage demander la seconde 00:28:19 GT
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- Sep 2022
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www.reddit.com www.reddit.com
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If a site tries to charge me for work others do for free I block them. They're not paying these people to review, there's no standard of quality for these reviews. It's not something that should be charged for. Or maybe I just overdo things, I even refuse to use the self-checkouts at stores because there's someone they can pay for that and unless I get a discount for my work I'm not doing it. People keep allowing companies to get away with crap like that and now stores will have 1 employee and 20 self-checkout stations
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- Mar 2021
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link.springer.com link.springer.com
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Brewer, N. T., Cuite, C. L., Herrington, J. E., & Weinstein, N. D. (2007). Risk compensation and vaccination: Can getting vaccinated cause people to engage in risky behaviors? Annals of Behavioral Medicine, 34(1), 95. https://doi.org/10.1007/BF02879925
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- Nov 2020
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help.archive.org help.archive.org
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Most of our staff could be making much more money at a company driven by profit, but they choose to work for a non-profit powered by a huge mission. Hiring and retaining this kind of talent is imperative to our mission.
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- Sep 2020
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CNN, R. K. (n.d.). A “tidal wave” of Covid-related workplace lawsuits could be on the way. CNN. Retrieved September 25, 2020, from https://www.cnn.com/2020/09/11/business/coronavirus-lawsuits-covid-impact-on-workplace-invs/index.html
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www.thelancet.com www.thelancet.com
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Horton, R. (2020). Offline: Remembering the scientists. The Lancet, 396(10254), 806. https://doi.org/10.1016/S0140-6736(20)31951-6
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- Aug 2020
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www.propublica.org www.propublica.org
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“The median compensation package — including base pay, special pay, overtime and benefits — for full time Cal Fire firefighters of all categories is more than $148,000 a year.”
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Ganong, P., Noel, P. J., & Vavra, J. S. (2020). US Unemployment Insurance Replacement Rates During the Pandemic (Working Paper No. 27216; Working Paper Series). National Bureau of Economic Research. https://doi.org/10.3386/w27216
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- Jun 2020
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www.theatlantic.com www.theatlantic.com
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Khazan, O. (2020, March 24). Grocery Stores Are the Coronavirus Tipping Point. The Atlantic. https://www.theatlantic.com/health/archive/2020/03/can-you-get-coronavirus-grocery-store/608659/
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Louis Lederman: NHS workers need protecting too. (2020, June 1). The BMJ. https://blogs.bmj.com/bmj/2020/06/01/louis-lederman-nhs-workers-need-protecting-too/
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- Feb 2020
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about.gitlab.com about.gitlab.com
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We want our compensation to be at a level where we can recruit and retain people who meet our requirements. Our requirements for most of our job-families are at or above the average in the market. Therefore, we can expect to be at or above the 50th percentile of the survey data gathered from providers like Comptryx and Radford
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We base compensation on current position, experience at GitLab, and performance – not on what we paid you last month – and, generally, we don't reduce compensation.
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We pay a competitive rate instead of paying the same wage for the same role in different regions.
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library.nclc.org library.nclc.org
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Every mortgage settlement requires at least two parties—the lender and the borrower. Nearly all mortgages, however, also involve various third parties.
Annotation text
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- Sep 2019
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spin.atomicobject.com spin.atomicobject.com
- Jan 2019
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www.insidehighered.com www.insidehighered.com
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Graduate teaching assistant salaries also are reported in the aggregate. Across institution types, they made $11,205 this year, on average. Those at doctoral institutions made more, at $14,345 (the salaries were roughly the same at both public and private universities). Graduate teaching assistants at master’s-level institutions made about $9,000 and those at baccalaureate institutions made about $7,042.
GTA salaries don't keep up with cost of living.
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- Feb 2018
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www.kwaldenphd.com www.kwaldenphd.com
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Loyalty3.(a) The Player agrees to perform his services hereunder diligentlyand faithfully, to keep himself in first-class physical condition and toobey the Club’s training rules, and pledges himself to the Americanpublic and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship.
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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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.
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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.
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ATTACHMENT 12This will set forth the understanding of the Parties regarding ArticleXX(A), of the Basic Agreement:With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew
Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.
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ARTICLE 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.
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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.
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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.
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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.
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(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.
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ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
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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.
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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.
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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.
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ARTICLE X—World Series, League Championship Series,Division Series, and Wild Card Game Players’ Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
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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.
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F. Allowances for Disabled Players
Minor league players rehabilitating from an injury do not have an equally-specific disability compensation procedure.
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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.
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(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.
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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.
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(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.
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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.
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ARTICLE VI—Salaries
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
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www.kwaldenphd.com www.kwaldenphd.com
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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.
-
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.
-
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.
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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.
-
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.
-
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.
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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.
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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.
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Loyalty3.(a) The Player agrees to perform his services hereunder diligentlyand faithfully, to keep himself in first-class physical condition and toobey the Club’s training rules, and pledges himself to the Americanpublic and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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III. Education CommitteeThe parties will establish a permanent Education/VocationalCommittee consisting of representatives of both parties to assistinternational players who are not drafted, or are released prior toreaching the Major Leagues, with their transition to educational/vocational programs or the workforce. The Office of the Com-missioner will provide the Committee with an annual operatingbudget. The Committee will focus on the following activities
Earlier CBAs had recognized the changing demographics of the sport in any official legal documentation by requiring those documents be translated and printed in Spanish. The addition of career and continuing education courses in this CBA is another example of the MLBPA advocating for the interests or needs of foreign-born players.
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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.
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With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew.
Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.
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ARTICLE 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.
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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.
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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.
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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.
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(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.
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ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
-
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.
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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.
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D. College Scholarship PlanA Major League Player for whom there is in effect on or after January1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at anytime within two years after his last day of Major League service. If his college studies have not commenced under the Plan within twoyears after his last day of Major League service, his scholarship shallterminate.Otherwise, his scholarship shall continue unless he shall fail to attendcollege for more than two consecutive years after his last day of MajorLeague service, without proper reason as set forth in Major LeagueRule 3(c)(5)(D). Participation by a Player in Winter League or Instruc-tional League play shall constitute proper reason for tolling the timelimitation in the preceding sentence
The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.
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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.
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ARTICLE X—World Series, League Championship Series,Division Series, and Wild Card Game Players’ Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
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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.
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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.
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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.
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(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.
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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.
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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.
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(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.
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ARTICLE VI—Salaries
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
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www.kwaldenphd.com www.kwaldenphd.com
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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.
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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.
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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.
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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.
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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.
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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.
-
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.
-
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.
-
Loyalty3.(a) The Player agrees to perform his services hereunder diligentlyand faithfully, to keep himself in first-class physical condition and toobey the Club’s training rules, and pledges himself to the Americanpublic and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
D. College Scholarship PlanA Major League Player for whom there is in effect on or after January1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at anytime within two years after his last day of Major League service. If his college studies have not commenced under the Plan within twoyears after his last day of Major League service, his scholarship shallterminate.Otherwise, his scholarship shall continue unless he shall fail to attendcollege for more than two consecutive years after his last day of MajorLeague service, without proper reason as set forth in Major LeagueRule 3(c)(4)(D). Participation by a Player in Winter League or Instruc-tional League play shall constitute proper reason for tolling the timelimitation in the preceding sentence.
The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.
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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.
-
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.
-
ARTICLE X—World Series, League Championship Seriesand Division Series Players’ Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
-
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.
-
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.
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(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.
-
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.
-
(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.
-
ARTICLE VI—Salaries
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
-
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www.kwaldenphd.com www.kwaldenphd.com
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. 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.
-
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.
-
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.
-
. 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.
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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.
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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.
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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.
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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.
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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.
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Loyalty 3. (a) The Player agrees to perform his services hereunder diligently and faithfully, to keep himself in first-class physical condition and to obey the Club's training rules, and pledges himself to the American public and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship.
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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ATTACHMENT 15 This will set forth the understanding of the parties regarding Article XX(A), of the Basic Agreement: With respect to a National Association Player with no existing Ma-jor League Contract, whose National Association Contract has been assigned to a Major League Club, it is understood that the placing of such a Player on the Major League Club's Active Reserve List (40-man Roster) and the tendering to such a Player of a Major League Contract without the necessity of renewing the National Association Contract will provide the Major League Club with reservation rights to such a Player. Thus, such a Player will not become a free agent under Article XX(A)(2)(d), which provides that a Player will become a free agent if his Club fails to exercise its contract renewal rights, there being no prior Major League Contract to renew.
Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.
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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.
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ARTICLE XXII-Management Rights Nothing 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.
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F. Individual Nature of Rights
After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.
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ARTICLE XX-Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
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A. Consent to Assignment (1) The contract of a Player with ten or more years of Major League service, the last five of which have been with one Club , shall not be assignable to another Major League Club without the Player's written consent. No consent from a Player shall be con-sidered effective until twenty-four hours from the Club's request to the Player for such consent. (2) (a) The contract of a Player with five or more years of Major League service, not including service while on the Military Li
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.
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Absent the agreement of the Association, there shall be no interna-tional play from the opening of the championship season to the open-ing of the next spring training; provided that championship season, All-Star, League Championship Series and World Series games played between Major League Clubs in the United States and/or in Canada shall not be considered international play; and provided further that each Club, subject to the limitations set forth in Article V(D)(3), above, may play exhibition games during spring training and the championship season against any non-Major League club if such games are played in the United States, Canada, or Puerto Rico and are not part of a national or international tour by a foreign club. The terms anp. conditions of the participation of Major League Players
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. This sub-article places particular restrictions on foreign-born players who may have had access to additional international opportunities.
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D. College Scholarship Plan A Major League Player for whom there is in effect on or after January 1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at any time within two years after his last day of Major League service. If his college studies have not commenced under the Plan within two years after his last day of Major League service, his scholarship shall terminate.
The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.
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C. Winter League Play No Major League Player shall be required to play in the Winter Leagues, 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.
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ARTICLE X-World Series and League Championship Players' Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
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A Player may elect, within two years after the date of the assign-ment of his contract, regardless of when his contract is assigned or whether the assignment is between Major League Clubs or a Major League Club and a National Association club, to be reimbursed for 20 I 2 I RI s;::;a a:::;s (1) the reasonable and actual moving expenses of the Player and his immediate family resulting therefrom, including first-class jet air transportation for the Player and his immediate family, provided that, if the Player relocates more than one year from the date of the assign-ment, the Player must relocate in the assignee Club's home city and the Player must still be playing for the assignee Club at the time he incurs such expenses and (2) all rental payments for living quarters in the city from which he is transferred (and/or spring training loca-tion, if applicable), for which he is legally obligated after the date of assignment and for which he is not otherwise reimbursed. Such rental payments shall not include any period beyond the end of a season or prior to the start of spring training. The Club paying reim-bursement for rent shall have use and/or the right to rent such living quarters for the period covered by the rental reimbursement. In the event a Player is required to report to a Major League Club from a National Association club in any year on or after September 1, the foregoing paragraph shall not apply. Reimbursement shall be made by the assignee Club, except, should a Player's Contract be assigned from a Major League Club to a National Association club, reimbursement shall be made by the assignor Major League Club.
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.
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E. All-Star Game A Player who is a member of his League's All-Star team shall, in addition to being reimbursed in accordance with past practice, be reimbursed by the League for the first-class jet air fare within the continental United States and Canada to and from the site of the All-Star Game for one guest, and for hotel accommodations for a max-imum of three days for such guest.
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.
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(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 con-tribution, 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 in-cluding 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 shall assign such weight to the evidence as shall to him appear ap-propriate under the circumstances. The arbitrator shall, except for a Player with five or more years of Major League service, give par-ticular attention, for comparative salary purposes, to the contracts of Players with Major League service not exceeding one annua
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.
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F. Salary Arbitration The following salary arbitration procedure shall be applicable: (1) Eligibility. The issue of a Player's salary ma~ be submit-ted to final and binding arbitration by any Player or hIS Club, pro-vided the other party to the arbitration consents thereto. Any Club, or any Player with a total of three or more years ~f Major Leag_ue service, however accumulated, but with less than six years of MaJor League service, may submit the issue of the Player's salary to final and binding arbitration without the consent of the other party, subject to the provisions of paragraph (4) below. In addition, effective in 1991 and thereafter, a Player with at least two but less than three years of Major League service shall be eligible for salary arbitration if: (a) he has accumulated at least 86 days of service during the immediately preceding season; and (b) he ranks in the top seventeen percent ( 17 % ) ( rounded to the nearest whole number) in total service in the class of Players who have at least two but less than three years of Major League ser-vice, however accumulated, but with at least 86 days of service accumulated during the immediately preceding season. If two or more Players are tied in ranking, ties shall be broken consecutive-ly based on the number of days of service accumulated_ in ~ach of the immediately preceding seasons. If the Players remam tied, the final tie breaker will be by lot. (2) Six Year Player-Club Consent to Arbitration. Any Player with six or more years of Major League service, however ac-cumulated, who was not eligible to elect free agency under Arti-cle XX at the close of the preceding championship season, but whose Club has offered to proceed to salary arbitration pursuant to Arti-cle XX(D)(2), may elect salary arbitration in the same manner and at the same time as other Players.
Salary arbitration was a key victory for the MLBPA in this CBA. However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.
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(ii) for National Association service-at a rate not less than the following: 1990-$26,500 per season; 1991-at the 1990 rate per season; 1992-at the rate per season equal to the rate for the 1991 season 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 the 1991 rate; 1993-at the 1992 rate per season.
The 1990 CBA was again one of the earliest times minor league salaries were specified in a legal document negotiated by the MLBPA. The U.S. poverty line in 1990 four-person family was was $12,700.
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ARTICLE VI-Salaries
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
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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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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(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.
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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.
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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.
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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.
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D. College Scholarship PlanA Major League Player for whom there is in effect on or after January 1, 1973 a valid and unexpired scholarship under the College Scholarship Plan may commence or resume his studies under the Plan at any time within two years after his last day of Major League service. If his college studies have not commenced under the Plan within two years after his last day of Major League service, his scholarship shall terminate.Otherwise, his scholarship shall continue unless he shall fail to attend college for more than two consecutive years after his last day of Major League service, without proper reason as set forth in Major League Rule 3(c) (4)(D). Participation by a Player in Winter League or Instructional League play shall constitute proper reason for tolling the time limitation in the preceding sentence.
The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.
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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.
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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.
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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.
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(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.
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. 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.
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ARTICLE VISalaries
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
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ARTICLE VII -Moving Allowances
Requiring major league clubs to cover moving expenses 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.
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ARTICLE V -Salaries Individual Player salaries shall be those as agreed upon between a Player and a Club, as evidenced by the execution of a Uniform Player's Contract, subject to the following:
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
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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.
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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 March 1 or ten days prior to the second Saturday in March, whichever is earlier, provided, however, that the Club may invite pitchers and catchers to report at an earlier date on a voluntary basis. 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 re-quired 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.
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. 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 exami-nation 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 injury 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 compensation pay-ments received by the Player as compensation 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 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.
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TERMINATION
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.
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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.
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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 participate 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.
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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 char-acter which gives them peculiar value which cannot be reas9nably or adequately compensated for in damages at law, and that the Player's breach of this contract will cause the Club great and irreparable 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.
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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 partici-pate in any and all reasonable promotional activities of the Club and its League, which, in the opinion of the Club, will promote the welfare of the Club or professional baseball, and to observe and comply with all reasonable requirements of the Club respecting conduct and service of its team and its players, at all times whether on or off the field.
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.
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Loyalty 3. (a) The Player agrees to perform his services hereunder diligently and faithfully, to keep himself in first-class physical con9-ition and to obey the Club's training rules, and pledges himself to the American public and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship.
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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Notwithstanding the rate of payment stipulated above, the minimum rate of payment to the Player for each day of service on a Major League Club shall be at the rate of $30,000 per year for the 1980 playing season, $32,500 per year for the 1981 playing season, $33,500 per year for the 1982 playing season, and $35,000 per year for the 1983 playing season. Effective with the 1981 championship season, the minimum rate of payment for National Association service for all Players (a) signing a second Major League contract (not covering the same season as any such Player's initial Major League contract) or a subsequent Major League contract, or (b) having at least one day of Major League Service, shall be at the rate of $14,000 per year for the 1981 and 1982 playing seasons, and $16,000 per year for the 1983 playing season.
No minimum salaries or salary specifications or guidelines are laid out for minor league teams and players, keeping minor league player compensation outside the scope of the CBA.
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ARTICLE XX-Management Rights Nothing in this Agreement shall be construed to restrict the rights of the 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.
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ARTICLE XVIII-Reserve System
After arbitor Peter Seitz's ruling in the 1975 Messersmith/McNally case, Major League Baseball's reserve clause was effectively overturned. The 1980 CBA was one of the early legal documents in which the specifics of free agency were articulated and negotiated.
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D. College Scholarship Plan
The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.
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A. Reporting No Player shall be required to report for spring training prior to the earlier of either ( 1) March 1 or ( 2) Ten days prior to the second Saturday in March; provided, however, that the Clubs may invite pitchers and catchers to report at an earlier date on a voluntary basis.
A major achievement for the MLBPA in this CBA was starting to clarify the limits or boundaries on players' contractual obligations outside the official playing season and spring training periods.
However, the lack of a formal grievance procedure for minor league players limits players' ability to advocate for or compel that interpretation of the CBA.
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C. Winter League Play No 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 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.
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ARTICLE IX-World Series and League Championship Players' Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
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E. All-Star Game A Player who is a member of his League's All-Star team shall, in addi-tion to being reimbursed in accordance with past practice, be reim-bursed by the League for the first-class jet air fare within the con-tinental United States and Canada to and from the site of the All-Star Game for one guest, and for hotel accommodations for a maximum of three days for such guest.
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.
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(12) Criteria. 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
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.
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F. Salary Arbitration Effective with the 1981 Championship Season the following salary arbitration procedure shall be applicable:
Salary arbitration was a key victory for the MLBPA in this CBA. However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.
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(ii) for National Association service: at a rate not less than the following: 1981-at the rate of $14,000 per season 1982 -at the rate of $14,000 per season 1983 -at the rate of $16,000 per season
The 1980 CBA was the first time minor league salaries were specified in a legal document negotiated by the MLBPA. The U.S. poverty line in 1980 for a non-farm family of four was $8,414.
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Post-Season Exhibition Games. Major League Rule 18(b) provides: ( b) EXHIBITION GAMES. No player shall participate in any exhibition game during the period between the close of the Major League championship season and the following training season, except that, with the consent of his club and permission of the Commissioner, a player may participate in exhibition games for a period of not less than thirty ( 30) days, such period to be desi
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.
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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 March 1 or ten days prior to the second Saturday in March, whichever is earlier, provided, however, that the Club may invite pitchers and catchers to report at an earlier date on a voluntary basis. The Club will pay the necessary iraveling 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 particip,ate in the exhibition games, as required and provided for, he shall be re-quired 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.
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he 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 exami-nation 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 injury 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; but only upon the express pre-requisite 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 in-jury 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 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 this contract at the dis-cretion of the Club.
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.
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TERMINATION
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.
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( 3) Unless the assignor and assignee Clubs agree otherwise, if the assignee Club is a National Association Club, the assignee Club shall be liable only to pay the Player at the rate usually paid by said assignee Club to other Players of similar skill and ability in its classi-fication and the assignor Club shall be liable to pay the difference for the remainder of the period stated in paragraph 1 hereof between an amount computed at the rate stipulated in paragraph 2 hereof and the amount so payable by the assignee Club.
Unlike major league minimum salary levels, which are outlined in the CBA, clubs are given broad powers over the compensation of minor league players. A convention is established around compensation levels being tied to level of play and player skill, but no formal salary structure for minor league players is outlined in the CBA.
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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 participate 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.
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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 char-acter which gives them peculiar value which cannot be reasonably or adequately compensated for in damages a,t law, and that th~ Player's breach of this contract will cause the Club great and irreparable 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.
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Baseball Promotion 3.(b) In addition to his services m connection with the actual playing of baseball, the Player agrees to cooperate with the Club and partici-pate in any and all reasonable promotional activities of the Club and its League, which, in the opinion of the Club, will promote the welfare of the Club or professional baseball, and to observe and
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.
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Loyalty 3. (a) The Player agrees to perform his services hereunder diligently and faithfully, to keep himself in first-class physical condition and to obey the Club's training rules, and pledges himself to the American public and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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Nothing herein shall interfere with the right of the Club and the Player by special covenant herein to mutually agree upon a method of pay-ment whereby part of the Player's salary for the above year can be deferred to subsequent years.
No minimum salaries or salary specifications or guidelines are laid out for minor league teams and players, keeping minor league player compensation outside the scope of the CBA.
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ARTICLE XVII -Reserve System
After arbitor Peter Seitz's ruling in the 1975 Messersmith/McNally case, Major League Baseball's reserve clause was effectively overturned. The 1976 CBA was the first legal document in which the specifics of free agency were articulated and negotiated.
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Nothing in this Agreement shall be construed to restrict the rights of the 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.
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D. College Scholarship Plan A Major League Player for whom there is in effect on or after January 1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at any time within two years after his last day of Major League service. If his college studies have not commenced under the Plan by that date, his scholarship shall terminate. If he has commenced his studies by that date, his scholarship shall continue unless he shall fail to attend college for more than two consecutive years after that date, without proper reason as set forth in Major League Rule 4(j)(7). Participa-tion by a Player in Winter League or Instructional League play shall constitute proper reason for tolling the time limitation in the preced-ing sentence.
The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.
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Winter League Play No 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 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.
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A. Reporting No Player shall be required to report for spring training prior to the earlier of either ( 1) March 1 or ( 2) Ten days prior to the second Saturday in March; provided, however, that the Clubs may invite pitchers and catchers to report at an earlier date on a voluntary basis,
A major achievement for the MLBPA in this CBA was starting to clarify the limits or boundaries on players' contractual obligations outside the official playing season and spring training periods.
However, the lack of a formal grievance procedure for minor league players limits players' ability to advocate for or compel that interpretation of the CBA.
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ARTICLE IX-World Series and League Championship Players' Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
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. All-Star Game
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.
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ARTICLE VII -Moving Allowances
Requiring major league clubs to cover moving expenses for promoted players and their families was a major victory for the MLBPA in this contract. However, no similar policy was outlined for minor league players who relocate due to an assignment to another minor league team.
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( 12) Criteria. 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 contribu-tion, the record of the Player's past compensation, comparative baseball salaries ( see subparagraph ( 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 (a) below). Any evidence may be submitted which is relevant to the above criteria, and the arbitrator shall assign such weight to the evidence as shall to him appear appropriate under the circumstances
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.
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E. Salary Arbitration Effective with the 1976 championship season, the following salary arbitration procedure shall be applicable:
Salary arbitration was a key victory for the MLBPA in this CBA. However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.
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B. Maximum Salary Reduction
While the gains made by the MLBPA could be applied to minor league players, the lack of a formal grievance procedure for minor league players limits players' ability to advocate for or compel that interpretation of the CBA.
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ARTICLE V -Salaries Individual Player salaries shall be those as agreed upon between a Player and a Club, as evidenced by the execution of a Uniform Player's Contract, subject to the following:
No minimum salaries or salary specifications or guidelines are laid out for minor league teams and players, keeping minor league player compensation outside the scope of the CBA.
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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 char-acter which gives them peculiar value which cannot be reasonably or adequately compensated for in damages at law, and that the Play-er's breach of this contract will cause the Club great and irreparable injury and damage. The Player agrees that, in addition to other rem-edies, 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.
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ARTICLE XVI-Management Rights Nothing 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 speciflcally limited by the terms of this Agreement.
While the MLBPA did make substantive changes to the labor conditions within professional baseball, clubs retained broad powers, and players still had limited avenues to influence or even negotiate the terms of their contractual employment and faced significant professional and financial consequences for doing so.
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(b) EXHIBITION GAMES. No player shall participate in any ex-hibition game during the period between the close of the Major League championship season and the following training season, ex-cept that, with the consent of his club and permission of the Com-missioner, a player may participate in exhibition games for a period of not less than thirty ( 30) days, such period to be designated an. nually by the Commissioner. Players who participate in barnstorming
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.
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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 March 1 or ten days prior to the second Saturday in March, whichever is earlier, provided, however, that the Club may invite pitchers and catchers to report at an earlier date on a voluntary basis. 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.
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2. The Player, when requested by the Club, must submit to a com-plete physical examination at the expense of the Club, and if neces-sary to treatment by a regular physician or dentist in good standing. Upon refusal of the Player to submit to a complete medical or dental examination 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 injury 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; but only upon the express prerequisite conditions that (a) written notice of such injury, includ-ing 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 work-men's compensation payments received by the Player as compensa-tion 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 this contract at the discretion of the Club
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.
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