227 Matching Annotations
  1. Feb 2018
    1. In order to enable the Player to fit himself for his duties under this contract, the Club may require the Player to report for practice at such places as the Club may designate and to participate in such exhibition contests as may be arranged by the Club, for a period beginning not earlier than March 1, without any other compensation than that herein elsewhere provided. The Club will pay the necessary traveling expenses, in

      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.

    2. The Player, when requested by the Club, must submit to a complete physical exami-nation at the expense of the Club, and if necessary to treatment by a regular physi-cian 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 reguiaiion 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 rea-sonable medical and hospital expenses incurred by reason of the injury and during the term of this contract; but orily upon the express prerequisite conditions that (a) written notice of such injury, including the time, place, cause and nature of the in-jury, 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 hospi-tals 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 payments received by the Player as com-pensation 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.

    3. 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:

      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.

    4. If this contract is assigned by a Major League Club to another Major League Club during the playing season the as-signor Club shall pay the Player, for all moving and other ex-penses resulting from such assignment, the sum of $300 if the contract is assigned between Clubs in the same zone; the sum of $600 if the contra

      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.

    5. 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 classification and the assignot 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.

    6. The Player agrees that, while under contract, and prior to expuat10n 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) 1s set forth on page 4 hereof.

      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.

    7. The Player represents and agrees that he has excep-tional 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 dam-ages 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 enjoi.n the Player from playing baseball for any other person or organization during the term of his contrac

      This language in the CBA is ambiguous 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.

    8. In addition to his services in connection with the ac-tual playing of baseball, the Player agrees to cooperate with the Club and participate in any and all promotional activities of the Club and its League, which, in the opinion of the Club, will pro-mote the welfare of the Club or professional baseball, and to ob-serve and comply with all requirements of the Club respecting conduct and service of its team and its players, at all times whether on or off the field. (c) The Player agrees that his picture may be taken for still photographs, motion pictures or television at such times as the Club may designate and agrees that all rights in such pictures shall belong to the Club and may be used by the Club for public-ity purposes in any manner it desires. The Player further agrees that during the playing season he will not make public appear-ances, participate in radio or television programs or permit his picture to be taken or write or sponsor newspaper or magazine articles or sponsor commercial products without the written con· sent of the Club, which shall not be withheld except in the rea-sonable 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.

    9. 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 him-self to the American public and to the Club to conform to high standards of personal conduct, 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.

    10. 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 $12,000 per year for the 1970 playing season, $12,750 per year for the 1971 play-ing season, and $13,500 per year for the 19 72 playing season. Payment to the Player at the rate stipulated above shall be continued throughout any period in which a Player is required to attend a regularly scheduled military encampment of the Re-serve of the Armed Forces or of the National Guard during the Club's 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.

    11. Nothing in this Agreement shall be construed to restrict the rights of the Clubs to man-age and direct their operations in any manner whatsoever except as specifically 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.

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

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

    13. D. 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.

    14. ARTICLE IX-World Series and League Championship Players Pool

      No equivalent pool is created for minor league championships or post-season contests.

    15. If a Player is required to report to a Major League Club from a National Association Club, or to a National Association Club from a Major League Club, such Major League Club shall pay him for (i) the reasonable and actual moving ex-penses of the Player and his immediate family resulting therefrom and his trans-portation and that of his immediate family and (ii) up to one month's rental pay-ments for living quarters in the city from which the Player is transferred, for which he is legally obligated after the date of the transfer and for which he is not otherwise reimbursed; except that the foregoing shall not apply if the Player is required to report in any year on or after September 1

      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.

    16. B. Maximum Salary Reduction No Player's contract shall be renewed pursuant to paragraph lO(a) of the Uniform Player's Contract in any year for a salary which constitutes a reduction in excess of 20% of his previous year's salary or in excess of 30% of his salary two years previous. C. Representation During Individual Salary Negotiations A Player may be accompanied, if he so desires, by a representative of his choice to assist him in negotiating his individual salary with his employing Club.

      While the CBA's ambiguity for how it applies to minor league clubs and players could extend these sub-articles to apply to minor league players, the lack of a formal grievance procedure for minor league players gives players limited opportunities to that interpretation or enforcement of the CBA.

    17. A. Minimum Salary During the 1970 championship season, the minimum rate of payment to a Player for each day of service on a Major League Club shall be at the rate of $12,000 per season. During the 1971 championship season, said minimum shall be at the rate of $12,750 per season. During the 1972 championship season, said minimum shall be at the rate of $13,500 per 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.

    1. The Player, when requested by the Club, must submit to a complete physical exami-nation 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 med-ical or dental examination the Club may consider such refusal a violation of this regu-lation and may take such action as it deems advisable under Regulation 5 of this con-tract. 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, less all workmen's compensation payments paid or payable by reason of said injury; 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. 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.

    2. "If, during the major leag0e playing season, a Player is required to report to a Major League Club from a National Association Club, or to a National Association Club from a Major Leag0e Club, such Major League Club shall pay the reasonable and actual mov~g expenses of the Player and his immediate family resulting therefrom and shall reunburse the Player for up to one month's rental payments for living quarters in the city from which the Player is transferred for which 1w is legally obli-gated after the date of the transfer and for which he is not otherwise reimbursed· except the foregoing shall not apply if the Player is required to report on or afte~ September 1.

      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.

    3. No player shall participate in any exhibition game played during the period between the close of the Major League championship season and the following training season; except that a Player, with the written consent of the Commis-sioner, may participate in exhibition games which are played within thirty days after the close of the Major League championship season and which are approved by the Commis-sioner. Player conduct, on and off the field, in connection with such post-season exhibi-tion games shall be subject to the discipline of the Commissioner. The Commissioner shall not approve more than three Players of any one Club on the same team. No Player shall participate in any exhibition game with or against any team which, during the cur-rent season or within one year, has had any ineligible player or which is or has been dur-ing the current season or within one year, managed and controlled by an ineligible player under an assumed name or who otherwise has violated, or attempted to violate, any exhibition game contract; or with or against any team which, during said season or within one year, has played against teams containing such ineligible players, or so man-aged or controlled. Any player violating this rule shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), except that in no event shall such fine be less than the consideration received by such player for participating in such game.

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

    4. 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 for a period beginning not earlier than March 1 without any other compensation than that herein elsewhere provided

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

    5. The 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 f"rrst-class physical condition or to obey the Club's training rules; or (2) fail, in the opinion of the Club's management, to ex-hibit sufficient skill or competitive ability to qualify or con-tinue 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

      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.

    6. Unless the assignor and assignee Clubs agree otherwise, if the assignee Club is a National Association Club, the as-signee 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 classification 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.

    7. 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 on page 4 hereof.

      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.

    8. In addition to his services in connection with the actual playing of baseball, the Player agrees to cooperate with the Club and participate in any and all 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 requirements of the Club respecting conduct and service of its team and its players, at all times whether on or off the field. (c) The Player agrees that his picture may be taken for still photographs, motion pictures or television at such times as the Club may designate and agrees that all rights in such pictures shall belong to the Club and may be used by the Club for publicity pur-poses in any manner it desires. The Player further agrees that during the playing season he will not make public appearances, participate in radio or television programs or permit his picture to be taken or write or sponsor newspaper or magazine articles or sponsor commercial products without the written consent of the Club, which shall not be withheld except in the reasonable inter-ests 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.

    9. 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 him-self to the American public and to the Club to conform to high standards of personal conduct,. 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.

    10. 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 $6,000 per year; except that such minimum rate of payment shall be at the rate of $7,000 per year retroactive to the beginning of the season if the Player is on a Major League Club's roster on June 15 and shall be at the rate of $7,000 per year if the Player physically joins a

      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.