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

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

    6. 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.

    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 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.

    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. ATTACHMENT 52Joint Domestic Violence, Sexual Assault and Child Abuse Policy

      No minor league player, club, or association representatives were included in the parties that formulated these policies, although these policies and procedures have been adopted by minor league baseball.

    11. ATTACHMENT 512017–2021 International Play Plan, Rate Card and Funding

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

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

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

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

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

    14. ATTACHMENT 46International Amateur Talent System

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    15. ATTACHMENT 46International Amateur Talent System

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

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

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

    17. MAJOR LEAGUE PLAYER TOBACCO POLICY

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

    18. ATTACHMENT 12This will set forth the understanding of the Parties regarding ArticleXX(A), of the Basic Agreement:With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

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

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

    20. ARTICLE XXV—International Play

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    21. (4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the Plan.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, an established practice by 2017.

    22. ARTICLE XXIV—The Revenue Sharing Plan

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

    23. ARTICLE XXIII—Competitive Balance Tax

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

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

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

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

    25. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

      No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.

    26. D. Outright Assignment to Minor League Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    27. (b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisArticle XX(B)

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    28. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    29. D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consen

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.

    30. F. Spanish Translations and ESL Courses

      Earlier CBAs had recognized the changing demographics of the sport in any official legal documentation by requiring those documents be translated and printed in Spanish. The addition of a bilingual media coordinator in this CBA is another example of the MLBPA advocating for the interests or needs of foreign-born players.

    31. E. Active Player Limit

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

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

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

    33. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure, or employment, or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law

      In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.

    34. ARTICLE XIII—Safety and Health

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

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

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

    36. 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.

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

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

    38. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    39. ARTICLE X—World Series, League Championship Series,Division Series, and Wild Card Game Players’ Pool

      No equivalent pool was created for minor league players to profit from championship or post-season appearances.

    40. 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.

    41. F. Allowances for Disabled Players

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

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

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star game activities are not covered by this sub-article.

    43. (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.

    44. E. Salary Arbitration

      As in previous CBAs, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.

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

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

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

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

    47. ARTICLE VI—Salaries

      Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    6. 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.

    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 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.

    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. III. Education CommitteeThe parties will establish a permanent Education/VocationalCommittee consisting of representatives of both parties to assistinternational players who are not drafted, or are released prior toreaching the Major Leagues, with their transition to educational/vocational programs or the workforce. The Office of the Com-missioner will provide the Committee with an annual operatingbudget. The Committee will focus on the following activities

      Earlier CBAs had recognized the changing demographics of the sport in any official legal documentation by requiring those documents be translated and printed in Spanish. The addition of career and continuing education courses in this CBA is another example of the MLBPA advocating for the interests or needs of foreign-born players.

    11. 265ATTACHMENT 46International Amateur TalentI. International Talent Committee

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

    12. ATTACHMENT 46International Amateur Talent

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    13. 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.

    14. 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.

    15. With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    16. ARTICLE XXV—The Industry Growth Fund

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

    17. ARTICLE XXV—The Industry Growth Fund

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    18. (4)Interests of the AssociationThe Revenue Sharing Plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the Revenue Sharing Planor its operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construed

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.

    19. ARTICLE XXIV—The Revenue Sharing Plan

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

    20. ARTICLE XXIII—Competitive Balance TaxA. General Definitions

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

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

    21. 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.

    22. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

      No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.

    23. D. Outright Assignment to Minor League club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    24. (b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisSection B

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    25. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    26. D. Foreign AssignmentsExcept for the return of conditional assignments from outside theUnited States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without thePlayer’s written consent

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language which first appeared in the 1997 CBA offered greater stability for foreign-born players.

    27. 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.

    28. K. International Play

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

    29. F. Spanish Translations and ESL CoursesThis Agreement and the following notices and/or forms listed belowshall be translated and printed in Spanish and shall be made availableto all Spanish-speaking Player

      Earlier CBAs had recognized the changing demographics of the sport in any official legal documentation by requiring those documents be translated and printed in Spanish. The addition of ESL courses in this CBA is another example of the MLBPA advocating for the interests or needs of foreign-born players.

    30. E. Active Player Limit

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

    31. D. College Scholarship PlanA Major League Player for whom there is in effect on or after January1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at anytime within two years after his last day of Major League service. If his college studies have not commenced under the Plan within twoyears after his last day of Major League service, his scholarship shallterminate.Otherwise, his scholarship shall continue unless he shall fail to attendcollege for more than two consecutive years after his last day of MajorLeague service, without proper reason as set forth in Major LeagueRule 3(c)(5)(D). Participation by a Player in Winter League or Instruc-tional League play shall constitute proper reason for tolling the timelimitation in the preceding sentence

      The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.

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

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

    33. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion, nationalorigin, sexual orientation, or any other classification protected underFederal Law

      In a notable shift from the 2003 CBA, the non-discrimination language in the CBA expanded to include sexual orientation, but still did not include gender or gender identity.

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

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

    35. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    36. ARTICLE X—World Series, League Championship Series,Division Series, and Wild Card Game Players’ Pool

      No equivalent pool was created for minor league players to profit from championship or post-season appearances.

    37. 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.

    38. 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.

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

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star game activities are not covered by this sub-article.

    40. (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.

    41. E. Salary Arbitration

      As in previous CBAs, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.

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

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

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

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

    44. ARTICLE VI—Salaries

      Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.

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

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

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

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

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

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

    2. 6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other 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. By Club7.(b) The Club may terminate this contract upon written notice to thePlayer (but only after requesting and obtaining waivers of this contractfrom all other Major League Clubs) if the Player shall at any time:(1) fail, refuse or neglect to conform his personal conduct to thestandards of good citizenship and good sportsmanship or to keephimself in first-class physical condition or to obey the Club’s train-ing rules; or(2) fail, in the opinion of the Club’s management, to exhibit suf-ficient skill or competitive ability to qualify or continue as a mem-ber of the Club’s team; or(3) fail, refuse or neglect to render his services hereunder or inany other manner materially breach this contract.7.(c) If this contract is terminated by the Club, the Player shall be enti-tled to termination pay under the circumstances and in the amounts setforth in Article IX of the Basic Agreement. In addition, the Player shallbe entitled to receive an amount equal to the reasonable travelingexpenses of the Player, including first-class jet air fare and meals enroute, to his home city

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

    7. Medical Information6.(b) The Player agrees:(1) that the Club’s physician and any other physician 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.

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

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

    9. Baseball Promotion3.(b) In addition to his services in connection with the actual 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.

    10. 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.

    11. ATTACHMENT 24Donald M. Fehr, Esquire Executive Director and General Counsel Major League BaseballPlayers Association 12 East 49th Street New York, New York 10017Re: World-Wide Draf

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    12. 2. The World-Wide Draft Subcommittee shall be composed ofan equal number of representatives of the Players Association andthe Office of the Commissioner, and shall include at least oneAssociate General Counsel of the Players Association and at leastone senior representative of the Labor Relations Department ofthe Office of the Commissioner

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

    13. UNIFORM REGULATIONS

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

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

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

    15. ARTICLE XXV—The Industry Growth Fund

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

    16. ARTICLE XXV—The Industry Growth Fund

      As noted earlier in this CBA, Major League Baseball and the MLBPA were paying increased attention to the growth of organized baseball outside the United States. Rather than establish a collaborative relationship with foreign leagues that would create additional opportunities for player advancement, this CBA outlines the ways MLB and the MLBPA were actively looking to control and capitalize on foreign markets.

    17. (4)Interests of the AssociationThe revenue sharing plan may have a significant impact on theindustry globally as well as on individual Clubs. Accordingly, theParties acknowledge that the Association has a significant interest inany aspect of any of the components of the revenue sharing plan orits operation materially affecting either: (a) the overall industry-wide transfer of revenue among Clubs; or (b) the amounts of pay-ments made by individual Clubs and the amounts of receiptsreceived by individual Clubs. This paragraph shall not be construedto limit the Association’s right to assert that it has other legitimateinterests in the operation of the plan.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was growing in widespread adoption in the early 2000s.

    18. RTICLE XXIII—Competitive Balance Tax

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

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

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

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

    20. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

      No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.

    21. D. Outright Assignment to Minor League club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    22. b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisSection B

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    23. ARTICLE XX—Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    24. D. Foreign AssignmentsExcept for the return of conditional assignments from outside the Unit-ed States and Canada, the contract of a Player shall not be assignedotherwise than within the United States and Canada, without the Play-er’s written consent.

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.

    25. A. Consent to Assignment

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

    26. (5)International Play Committee

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

    27. J. International Play

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

    28. F. Spanish Translations and ESL CoursesThis Agreement and the notices listed in Attachment 7 shall be trans-lated and printed in Spanish and shall be made available to all Spanish-speaking Players. The costs for the translation and printing shall beborne equally by the Association and the Clubs. In the event of any dis-pute involving the interpretation of, or compliance with, the provisionsof this Agreement or these notices, the English version shall govern.Further, during each championship season covered by this Agreement,each Club will make available an English-as-a-second-languagecourse, at its expense, provided that at least one Player on that Clubrequests such a course

      Earlier CBAs had recognized the changing demographics of the sport in any official legal documentation by requiring those documents be translated and printed in Spanish. The addition of ESL courses in this CBA is another example of the MLBPA advocating for the interests or needs of foreign-born players.

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

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

    30. D. College Scholarship PlanA Major League Player for whom there is in effect on or after January1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at anytime within two years after his last day of Major League service. If his college studies have not commenced under the Plan within twoyears after his last day of Major League service, his scholarship shallterminate.Otherwise, his scholarship shall continue unless he shall fail to attendcollege for more than two consecutive years after his last day of MajorLeague service, without proper reason as set forth in Major LeagueRule 3(c)(4)(D). Participation by a Player in Winter League or Instruc-tional League play shall constitute proper reason for tolling the timelimitation in the preceding sentence.

      The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.

    31. 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.

    32. . No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because ofmembership in or lawful activity on behalf of the Association, nor willthey discriminate because of Association activity in regard to hire,tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players cov-ered by this Agreement without regard to race, color, religion ornational origin

      In a notable omission, organized baseball's CBA did not prohibit discrimination based on sex or gender, which legal precedent at this time had expanded to include gender identity and sexual orientation.

    33. 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.

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

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

    35. ARTICLE XI—Grievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    36. ARTICLE X—World Series, League Championship Seriesand Division Series Players’ Pool

      No equivalent pool was created for minor league players to profit from championship or post-season appearances.

    37. 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.

    38. E. All-Star Game

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.

    39. (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.

    40. F. Salary Arbitration

      As in previous CBAs, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.

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

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

    42. ARTICLE VI—Salaries

      Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    6. (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.

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

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

    8. 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.

    9. 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.

    10. 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.

    11. 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.

    12. 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.

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

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

    14. ATTACHMENT 15 This will set forth the understanding of the parties regarding Article XX(A), of the Basic Agreement: With respect to a National Association Player with no existing Ma-jor League Contract, whose National Association Contract has been assigned to a Major League Club, it is understood that the placing of such a Player on the Major League Club's Active Reserve List (40-man Roster) and the tendering to such a Player of a Major League Contract without the necessity of renewing the National Association Contract will provide the Major League Club with reservation rights to such a Player. Thus, such a Player will not become a free agent under Article XX(A)(2)(d), which provides that a Player will become a free agent if his Club fails to exercise its contract renewal rights, there being no prior Major League Contract to renew.

      Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.

    15. National League Expansion

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

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

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

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

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

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

    18. ARTICLE XXIV-Baseball Economic Study Committee

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

    19. 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.

    20. F. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

    21. Outright Assignment to National Association Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    22. ARTICLE XX-Reserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    23. D. Foreign Assignments

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1990 CBA offered greater stability for foreign-born players.

    24. 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.

    25. F. Printing Agreements in Spanish

      The 1990 CBA was again one of the early moments when Major League Baseball had recognized the changing demographics of the sport in any official legal documentation. At this point, increasing numbers of players from Latin America and the Caribbean were advancing to the Major Leagues, and this sub-article is one of the early moments the MLBPA advocated for the interests or needs of foreign-born players.

    26. Absent the agreement of the Association, there shall be no interna-tional play from the opening of the championship season to the open-ing of the next spring training; provided that championship season, All-Star, League Championship Series and World Series games played between Major League Clubs in the United States and/or in Canada shall not be considered international play; and provided further that each Club, subject to the limitations set forth in Article V(D)(3), above, may play exhibition games during spring training and the championship season against any non-Major League club if such games are played in the United States, Canada, or Puerto Rico and are not part of a national or international tour by a foreign club. The terms anp. conditions of the participation of Major League Players

      Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA. This sub-article places particular restrictions on foreign-born players who may have had access to additional international opportunities.

    27. E. Active Player Limit

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

    28. D. College Scholarship Plan A Major League Player for whom there is in effect on or after January 1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at any time within two years after his last day of Major League service. If his college studies have not commenced under the Plan within two years after his last day of Major League service, his scholarship shall terminate.

      The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.

    29. 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.

    1. D. Foreign AssignmentsExcept for the return of conditional assignments from outside the United States and Canada, the contract of a Player shall not be -assigned otherwise than within the United States and Canada, without the Player’s written consent

      In the 1980 CBA, a player's consent was not necessary if he was being assigned to a team in his native country. This change in the language of the 1997 CBA offered greater stability for foreign-born players.

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

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

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

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

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

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

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

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

    6. The Clubs and the Association will jointly request and cooperate in lobbying theCongress to pass a law that will clarify that Major League Baseball Players are covered under the antitrust laws (i.e., that Major League Players will have the same rights under the antitrust laws as do other professional athletes, e.g., football and basketball players), along with a provision that makes it clear that the passage of that bill does not change the application of the antitrust laws in any other context or with respect to any other person or entity. If such a law is not enacted by December 31, 1998 (the end of the next Congress), then this Agreement shall terminate on December 31, 2000 (unless theAssociation exercises its option to extend this Agreement as set forth in Article XXVII)

      These combined lobbying efforts resulted in the 1998 Curt Flood U.S. Congressional Act, which specified Major League Baseball's anti-trust exemption was still applicable to Major League clubs and players, in effect forcing minor league teams to also operate under that exemption while not benefiting from the legal protections and representation the MLBPA provided for Major League players.

    7. ARTICLE XXVIThe Industry Growth Fund

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

    8. The revenue sharing plan may have a significant impact on the industry globally as well as on individual Clubs.

      As noted here, the revenue sharing plan also impacted the level of resources clubs had to invest in foreign scouting and talent development, a practice that was starting to begin in earnest during the late 1990s.

    9. ARTICLE XXVThe Revenue Sharing Plan

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

    10. ARTICLE XXIIILuxury Tax

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

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

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

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

    12. E. Individual Nature of Rights

      After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.

    13. D. Outright Assignment to National Association Club

      Again, the salary protections and playing time incentives included in free agency procedures were available only to Major League players with the required minimum service time.

    14. (b) There shall be no restriction or interference with the right of a free agent to negotiate or contract with any baseball club outside the structure of organized baseball, nor shall there be any compensation paid for the loss of a free agent except as provided for in this Section B

      With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.

    15. ARTICLE XXReserve System

      As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.

    16. A. Consent to Assignment

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

    17. 5) International Play Committee

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

    18. I. International Play

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

    19. F. Spanish Translations and ESL CoursesThis Agreement and the notices listed in Attachment 9 shall be translated and printed in Spanish and shall be made available to all Spanish-speaking Players. The costs for the translation and printing shall be borne equally by the Association and the Clubs. In the event of any dispute involving the interpretation of, or compliance with, the provisions of this Agreement or these notices, the English version shall govern. Further, during each championship season covered by this Agreement, each Club will make available anEnglish-as-a-second-language course, at its expense, provided that at least one Player on that Club requests such a course.

      Earlier CBAs had recognized the changing demographics of the sport in any official legal documentation by requiring those documents be translated and printed in Spanish. The addition of ESL courses in this CBA is another example of the MLBPA advocating for the interests or needs of foreign-born players.

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

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

    21. D. College Scholarship PlanA Major League Player for whom there is in effect on or after January 1, 1973 a valid and unexpired scholarship under the College Scholarship Plan may commence or resume his studies under the Plan at any time within two years after his last day of Major League service. If his college studies have not commenced under the Plan within two years after his last day of Major League service, his scholarship shall terminate.Otherwise, his scholarship shall continue unless he shall fail to attend college for more than two consecutive years after his last day of Major League service, without proper reason as set forth in Major League Rule 3(c) (4)(D). Participation by a Player in Winter League or Instructional League play shall constitute proper reason for tolling the time limitation in the preceding sentence.

      The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.

    22. 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.

    23. A. No DiscriminationThe Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment.The provisions of this Agreement shall be applied to all Players covered by thisAgreement without regard to race, color, religion or national origin.

      The 1997 CBA was an early moment the MLBPA successfully advocated for standard workplace non-discrimination protections to be applied to professional baseball, a measure that supported both U.S. and foreign-born players.

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

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

    25. ARTICLE XIGrievance Procedure

      No grievance procedure is outlined or articulated for minor league players and teams, meaning the legal protections the MLBPA provides for major league players are not a benefit available for minor league players.

    26. 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.

    27. E. All-Star GameA Player who is a member of his League’s All-Star team shall, in addition to being reimbursed in accordance with past practice, be reimbursed by the League for thefirst-class jet air fare to and from the site of the All-Star Game for one guest from the guest’s place of residence, and for hotel accommodations for a maximum of three days for such guest

      Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star games are not covered by this sub-article.

    28. (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.

    29. . Salary Arbitration

      However, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.

    30. ARTICLE VISalaries

      Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.

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

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

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

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