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

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

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

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

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

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

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

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

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. ATTACHMENT 50Daniel R. Halem, EsquireChief Legal OfficerMajor League BaseballOffice of the Commissioner245 Park AvenueNew York, New York 10167Re: Rookie Hazings, Pranks and Clubhouse RitualsDear Dan:I write to confirm our agreement concerning the Office of the Commis-sioner’s adoption of a policy addressing rookie “hazing” or “initia-tions” or other clubhouse rituals involving Players (the “Policy”).

      Since no grievance procedure is outlined or articulated for minor league players and teams, the protections outlined in this attachment are not necessarily afforded to minor league players.

    10. 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.

    11. MAJOR LEAGUE PLAYER TOBACCO POLICY

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    12. 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.

    13. 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.

    14. 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.

    15. 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.

    16. F. Allowances for Disabled Players

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

    17. (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.

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

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

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

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

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

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

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

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

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. SMOKELESS TOBACCO POLICY

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    15. 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.

    16. (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.

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

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

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

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

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

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

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

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

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

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

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. UNIFORM REGULATIONS

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

    11. ATTACHMENT 18MAJOR LEAGUE BASEBALL’SJOINT DRUG PREVENTION ANDTREATMENT PROGRAMThe Major League Baseball Joint Drug Prevention and TreatmentProgram (the “Program”) is established by agreement of the Office ofthe Commissioner and the Major League Baseball Players Association(the “Commissioner’s Office,”the “Association”and, jointly, the “Par-ties”) (1) to educate Players on the Major League Clubs’40-man ros-ters (“Players”) on the risks associated with using ProhibitedSubstances (defined in Section 2 below); (2) to deter and end the useby Players of Prohibited Substances; and (3) to provide for, in keepingwith the overall purposes of the Program, an orderly, systematic, andcooperative resolution of any disputes that may arise concerning theexistence, interpretation, or application of this agreement. Except asotherwise provided herein, any dispute arising under this Program shallbe subject to resolution through the Grievance Procedures of the BasicAgreement

      Facing increased pressure to curb player performance-enhancing and recreational drug use, Major League Baseball and the MLBPA moved proactively to institute a joint treatment program. Minor League baseball adopted the program outlined in this CBA, even though no minor league club, player, or organization representatives were involved in negotiating the CBA.

    12. 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.

    13. 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.

    14. 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.

    15. 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.

    16. 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.

    17. (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.

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

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

    2. 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.

    3. 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.

    4. . 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.

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

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

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    15. (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.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. (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.

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

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

    2. 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.

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

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

    4. 6. In order to enable the Player to fit himself for his duties under this contract, the Club may require the Player to report for practice at such places as the Club may designate and to participate in such exhibition contests as may be arranged by the Club, without any other compensation than that herein elsewhere provided, for a period begin-ning not earlier than 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.

    5. . The Player, when requested by the Club, must submit to a com-plete physical examination at the expense of the Club, and if necessary to treatment by a regular physician or dentist in good standing. Upon refusal of the Player to submit to a complete medical or dental 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. 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.

    12. A. Consent to Assignment (I) 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. (2) The contract of a Player with five or more years of Major League service, not including service while on the Military List ( or with seven or more years -of Major League service, including service while on the Military List), shall not ·be assigned otherwise than to another Major League Club, without the Player's written consent.

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

    13. 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.

    14. (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.

    1. 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.

    2. 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.

    3. 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.

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

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

    5. 6.(a) The Player agrees that this contract may be assigned by the Club ( and reassigned by any assignee Club) to any other Club in accordance with the Major League Rules and the Professional Base-ball Rules. The Club and the Player may, without obtaining special approval, agree by special covenant to limit or eliminate the right of the Club to assign this contract.

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

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. 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.

    12. 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. ( 2) The contract of a Player with five or more years of Major League service, not including service while on the Military List ( or with seven or more years of Major League service, including service while on the Military List), shall not be assigned otherwise than to another Major League Club, without the Player's written consent.

      Even as free agency was in its nascent stages and the power of the reserve clause was diminishing, minor league players continued to have limited say over their contract assignment to a minor or other major league team

    13. 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 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.

    15. ( 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.

    1. 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.

    2. (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.

    3. 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.

    4. 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.

    5. 4) Within 5 days after receipt of notice of such claim, the Player shall be entitled, by written notice to the Club, to terminate this contract on the date of his notice of termination. If the Player fails so to notify the Club, this contract shall be assigned to the claiming Club. ( 5) If the contract is not claimed, the Club shall promptly deliver written notice of termination to the Player at the expiration of the waiver period. 7. (h) Upon any termination of this contract by the Player, all obliga-tions of both Parties hereunder shall cease on the date of termination, except the obligation of the Club to pay the Player's compensation to said date.

      Even as free agency was in its nascent stages and the power of the reserve clause was diminishing, minor league players continued to have limited say over their contract assignment to a minor or other major league team.

    6. 6. (a) The Player agrees that this contract may be assigned by the Club ( and reassigned by any assignee Club) to any other Club in accordance with the Major League Rules and the Professional Baseball Rules.

      Even as free agency was in its nascent stages and the power of the reserve clause was diminishing, minor league players continued to have limited say over their contract assignment to a minor or other major league team.

    7. 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 pre-scribed in the Major League Rules.

      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. 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 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. 30 Pictures and Public Appearances 3. ( c) The Player agrees that his picture may be taken for still photo-graphs, 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 purposes 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 com-mercial products without the written consent of the Club, which shall not be withheld except in the reasonable 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. 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 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. ARTICLE XIV-Assignment of Player Contracts

      Curt Flood's free agency case went to the U.S. Supreme Court in 1972, and the Court's decision in MLB's favor meant the MLBPA had limited power to advocate for full free agency in this contract. However, the advantages they were able to secure around contract assignment were only available to players with extensive Major League service time. Minor league players continued to have only marginal control over their labor conditions and contract assignments.

    11. 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.

    12. 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.

    13. 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 con-tribution, the record of the Player's past compensation, comparative baseball salaries ( see subparagraph ( 11) 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 circum-stances

      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.

    1. 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.

      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.

    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 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.

    3. "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.

    4. 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.

    5. 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.

    6. The Player agrees that this contract may be assigned by the Club (and reassigned by any assignee Club) to any other Club in accordance with the Major League Rules and the Pro-fessional Baseball Rules.

      Before the advent of free agency and related structures, players at any level of professional baseball had limited say over their contract assignment to a minor or other major league team.

    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.

    1. (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 Com-missioner, a player may participate in exhibition games for a period of not less than thirty (30) days, such period to be designated annually by the Commissioner. Players who participate in barnstorming during this period cannot engage in any Winter League activities. Player conduct, on and off the field, in connection with such post-season ex-hibition games shall be subject to the discipline of the Commissioner. The Commissioner shall not approve of more than three (3) players of any one club on the same team. The Commissioner shall not approve of more than three (3) players from the joint member-ship of the Wodd Series participants playing in the same game. No player shall partici-pate in any exhibition game with or against any team which, during the current season or within one year, has had any ineligible player or which is or has been during the cur-rent season or within one (1) year, managed and controlled by an ineligible player or by any person who has listed 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 (1) year, has played against teams con-taining such ineligible players, or so managed or controlled. Any player violating this Rule shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), 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.

    2. 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.

    3. 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.

    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. The Player agrees that this contract may be assigned by the Club (and reassigned by any assignee Club) to any other Club in accordance with the Major League Rules and the Pro-fessional Baseball Rules.

      Before the advent of free agency and related structures, players at any level of professional baseball had limited say over their contract assignment to a minor or other major league team.

    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. 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.

    11. 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.

  2. Sep 2016
    1. obligations they felt toward kinsmen and discover how they felt about friends.

      Obligations: social expectations which change between cultures and social positions, as well as microcultures

  3. Dec 2015
    1. As an idea, it also circulated within national and local concerns regarding municipaland federal obligations toward low-income citizens.

      Citizens or the federal government felt like more needed to be done? I would appreciate clarification on this point.