- Jun 2018
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lareviewofbooks.org lareviewofbooks.org
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Considering marginalia have been found in texts for as long as there have been books, scrolls, or writings on papyrus, it seems odd to say that now is the moment.
I wonder to what degree attitudes about marginalia are shaped by the historical significance of the text or the identity of who is making the annotations, and how those valuations relate to hierarchies of knowledge production.
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Books should be “loved,” she writes, but also “carefully preserved,” with uncracked spines, no coffee stains or dog-ears.
From a librarian perspective, I'm thinking about or wondering how we balance immersive or deep engagement in a text (or other material object) with preservation concerns.
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- Feb 2018
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www.kwaldenphd.com www.kwaldenphd.com
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The National Association has determined that games shall notbe rescheduled and played to a completed regulation game inaccordance with Rule 7.02(b)(5) for the purpose of determiningeligibility or home-field advantage for the post-season.If a suspended game is to resume and no single game remainson the schedule, the National Association has determined thatonly a single game will be played after completing the sus-pended game
2017 marked the first edition of the official baseball rules that made specific mention of or provisions for minor league baseball and minor league teams.
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The following paragraph is additional material for Rule5.04 (b)(2) Comment (Rule 6.02(b) Comment), for NationalAssociation play:If after the pitcher starts his windup or comes to a “set posi-tion” with a runner on, he does not go through with his pitch
2017 marked the first edition of the official baseball rules that made specific mention of or provisions for minor league baseball and minor league teams.
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For National Association Leagues:Added Rule 7.02(b) Commentregarding resuming a suspended game when no single game remains onthe schedule (i.e., only a doubleheader(s) remain on the schedule). Insuch cases, only a single game may be played following completion ofthe suspended game. (See also amended Rule 4.08(a)(1).)
2017 marked the first edition of the official baseball rules that made specific mention of or provisions for minor league baseball and minor league teams.
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For National Association Leagues:Amended Rule 5.04(b)(4)(A) regard-ing multiple violations of The Batter’s Box Rule
2017 marked the first edition of the official baseball rules that made specific mention of or provisions for minor league baseball and minor league teams.
As Major League Baseball faced increasing criticism related to pace of play issues, minor league baseball became a site for testing new approaches to improving the pace of play.
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For National Association Leagues:Amended Rule 5.04(b)(2) Commentregarding a batter who steps out of the batter’s box after the pitcher hasbegun his windup or has come to a Set Position with a runner(s) on base
2017 marked the first edition of the official baseball rules that made specific mention of or provisions for minor league baseball and minor league teams.
As Major League Baseball faced increasing criticism related to pace of play issues, minor league baseball became a site for testing new approaches to improving the pace of play.
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For National Association Leagues:Amended Rule 4.08(a)(1) so thatcompletion of a suspended game may not be played prior to the start of ascheduled doubleheader. (See also additional Rule 7.02(b) Comment.)
2017 marked the first edition of the official baseball rules that made specific mention of or provisions for minor league baseball and minor league teams.
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Baseball not only has maintained its position as the National Game of theUnited States, but also has become an International Game being played inmore than 100 countries. The popularity of the game will grow only so longas its players, managers, coaches, umpires and administrative officersrespect the discipline of its code of rules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules governs the playing of baseball games by professionalteams of Major League Baseball and the leagues that are members of theNational Association of Professional Baseball Leagues
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OFFICIAL PLAYING RULES COMMITTEESandy Alderson, Chair Jon Daniels John MozeliakChris Antonetti Jerry Dipoto John SchuerholzSam Bernabe Brian Gorman Joe Torre
In this iteration of the rules document, no minor league representation was included on the rules committee.
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Ao adopted at the meNlng or the Joint Ploying Rules Committee ot the ::,;atlonal League and the American League, held at National League IIead-11uartera, New York CltJ
In this iteration of the rules document, it is unclear what level of minor league representation was included on the rules committee.
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Adopted by the National and American Leagues and the National Association of Professional Base Ball Leagues
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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www.kwaldenphd.com www.kwaldenphd.com
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As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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www.kwaldenphd.com www.kwaldenphd.com
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A!, adopted at the meeting of the Joint Playing Rules Committee of the Nauoaal League and the American League, held at National League Head: Q11Uten,, l\ew York City.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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lll, f"•bruar1 11. 1tr?· j:1 ~~ • Fet>1ruary l1, 1909; Janue.rY 2t, Ftbn1&'1 U \Ul Janu ' a7i l , l 11; Februe.rY 10 19•0· 11v l~, 1111'. ud 'TebT &::: 11::~: 1::r
In this iteration of the rules document, it is unclear what level of minor league representation was included on the rules committee.
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NATIONAL ASSOCIATION OFFICERS WILLIAM G. BRAMHAM, President-Treasurer Office-I I I Corcoran St., Durham, N. C. T elephone-F-0 I 11 EXECUTIVE COMMITTEE THOMAS H. RICHARDSON, Preddant, Eastern League, Chairman Williamsport. Pa. CLARENCE H. ROWLAND, President, Pacific Coast League Los Angeles, Calif. DR. E. M. Wl~OER, President, South Atlantic League, Augusta, Ga. ELMER M. DAILEY, Promotional Director, Ebensburg, Pa. L H. ADDINGTON, Director of Publicity, Durham, N. C. WILLIAM B. CARPENTER, Umpire Advisor, Cincinnati, 0.
In a rare departure from the normal format for the rules publications, the 1945 edition included significant minor league representation, from the National Association president to minor league presidents.
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MAJOR-MINOR LEAGUE ADVISORY COUNCIL LESLIE M. O'CONNOR Cbairman-Sec:retary WILLIAM HARRIOGE President, Ameriean Leogue FORD C. FRICK President, National League WILLIAM G. BRAMHAM President, Nation..! Assoc:iation THOMAS H. RICHARDSON Chairman, Exeeutive Committee, Nationol AHoc:iation
In a rare departure from the normal format for the rules publications, the 1945 edition included significant minor league representation, from the National Association president to minor league presidents.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball not only has maintained Its position as the National Game of the .United States, _but ~lso has become an International Game being played in 10,0 countnes .. Its popularity will grow only as long as its players, managers, coaches, umpires and admm-1strat1ve officers respect the discipline of its code of rules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules is written to govern the playing of baseball games by professiona11 teams of the American League of Professional Baseball Clubs, the National Leag~e o Professional Baseball Clubs, and the leagues that are members of lhe National Association of Professional Baseball Leagues.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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The Official Rules of Baseball, as drafted by the Playing Rules Committee and used by professional baseball umpires.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams. It is unclear in this publication what level of minor league representation was included on this iteration of the rules committee.
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Sandy Alderson, Chair Bob Beban Rod Garew Amateur baseball advisory mer
It is unclear in this publication what level of minor league representation was included on this iteration of the rules committee.
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Baseball not only has n States, but also has beco1 Its popularity will grow on administrative officers re~
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules is wr sional teams of Major Lei National Association of Pr
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball not only has maintained its position as the National Game of the United States, _but ~lso has become an International Game being played in 10_0 countries. )ts popu!anty will grow only as long as its players, managers, coaches, umpires and admm-1strat1ve officers respect the discipline of its code of rules
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules is written to govern the playing of baseball games by professional teams of the American League of Professional Baseball Clubs, the National League of Professional Baseball Clubs, and the leagues that are members of the National Association of Professional Baseball Leagues
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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Recodified, amended and adopted by Professional Baseball Official Playing Rules Committee at New York City
It is unclear from this publication what level of minor league representation participated in the committee.
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THE OFFICIAL PLAYING RULES COMMITTEE William A. Murray-Chairman Charles S. Feeney John McHale Tom Grieve Joseph J. Buzas Pat GIiiick Vincent McNamara Bill Giles Dick Butler George Sisler, Jr. AMATEUR BASEBALL ADVISORY MEMBERS Raoul Dedeaux Ronald Tellefsen
In a rare departure from the normal format for the rules publications, the 1986 edition included significant minor league representation, from the National Association president John Johnson to former minor league players and minor league managers Dick Butler and Vincent McNamara.
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Baseball not only has maintained its position as the National Game of the United States, but also has become an International Game being played In seventy-seven coun-tries. Its popularity will grow only as long as Its players, managers, coaches, umpires and administrative officers respect the discipline of Its code of rules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules Is written to govern the playing of baseball games by professional teams of the American League of Professional Baseball Clubs, the National League of Professional Baseball Clubs, and the leagues which are members of the National Associa-tion of Professional Baseball Leagues.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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JOHN H. JOHNSON President National Association
In a rare departure from the normal format for the rules publications, the 1986 edition included significant minor league representation, from the National Association president John Johnson to former minor league players and minor league managers Dick Butler and Vincent McNamara.
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Pof'd C. Prlc:k, Commh,lon•r of &o•eboll
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball, the National Game of the United States, la rapidly becomlne the International Game of the Western Hemiophere. Ita popularity will erow only as lone aa lta players, managers, coaches, umpire, and administrative officers respect the discipline of ita code of rules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules la written to eovern the playlne of bueball eamea by profe88ional teams of the American League of Profe88ional Baseball Clubs, the National Leeirue of Profe88ional Baaeball Clubs, and the leairues which are membere of the National A•sociatlon of Profe88ional Baseball League•.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OFFICIAL PLAYING RULES COMMITIEE -Charles Segar, Chairman Charles S. fffney, Cal Hubbard, Rick: Ferrell, Colvfn Griffith, fresco Thomp,on, Joe l. Brown, frank J, Shou9hn•ssy, Rankfn Johnson, W. O. Ryan, and Fred Fleig, secretory.
Frank Shaughnessy, a former minor league player and league president, was the only minor league representative on the committee.
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Reprinted by special permission from O F F I C I AL BASE BALL RULES REVISED EDITION Copyright 1965, by F o r d C. Frick, Commissioner of Basebal
While the National Baseball Congress was an amateur youth organization, they--like most other organized baseball leagues in the U.S.--adopted the Major League rules.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball, the National Game of tbe United States, la rapidly becomin1r the International Game of the Western Hemisphere. Its popularity will grow only as long ru, its players, managers. coaches, umpires and administrative officers respect the discipline of its code of I ules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules ia written to a-overn the playlnar of baaebatl games by profeaaional teams of the American League of Profeaalonal Baseball Clubs, the National League of Professional Baseball Clubs, and the leagues which nre membcra o( the National Association of Profee.aional Baseball Leagues
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams
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OfflCIAL PLAYING RULES COMMlnEE -Charle, Segar, Chairman Charle, S. Feeney. Col Hubbard, Rick Ferrell, Colvin Griffllh, John J. McHale. Joe L. Brown, Fronk J. Shoughneuy, Vincent McNamara, W. 0. Ryan. and fred fleig, secretary
Frank Shaughnessy, a former minor league player and league president, and Vincent McNamara, president of the New York-Penn minor league, were the only minor league representatives on the rules committee.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball not only has maintained its oosition as the National Game of the United States, but also ha.a become the International Game o{ the Western Hemisphere. Its l)Opularity will grow only as long as its players, managers, coaches. umpires and administrative officers respect the disci-pline of its code of rules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules is written to govern the playing of baseball eames by professional teams of the American League of Profeuional Baseball Clubs. the National League of Professional Baseball Clubs. and the leagues which are membera of the National Association of Professional Baseball Leagues.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OFFICIAL PLAYING RULES COMMITIEE -John H. Johnson, Chairman, Fred G. Fleig, Secretary, Charles S. Feeney, Richard B. Ferrell, John Allyn, Calvin Gr1fhth, John J. McHale, Joe L. Brown. Bobby Bragan, Vincent McNamara. and George Sisle
Vincent McNamara, president of the New York-Penn minor league, was the only minor league representative on the rules committee.
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OFFICIAL PLAYING RULES COMMITIEE -Charleo M. Segar, Chairman, Fred G. Fleig, Secrelary, Charles S. Feeney, Richard B. Ferrell, Dick Butler, Calvin Griffith, John J. McHnle, Joe L, Brown, George MacDonald. Vincent McNamara, and W. D. Ryan.
Dick Butler, president of the South Atlantic minor league, and Vincent McNamara, president of the New York-Penn minor league, were the only minor league representatives on the rules committee.
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Thie code of rules is written to govern the playing of baseball games by orofeuional teams of the American Lea(Cue of Professional Baseball Clube, Lhe National League of Profeaaionai Baseball Clubs, and the leagues which are membere of the National Association of Profeaaional Baseball Leagues.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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Baseball not only has maintained its pasition as the National Game of the United States, but also ha.a become the International Game of the Western Hemisphere. Its popularity wilt grow only as long as its ola.ycrs, managers, coaches, umpires and administrative officers respect the disci-pline of its code of rul
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball not only haa maintained ita ooeltion ae the National Came of the Unit«! States, but alao hu bttome the International Ga.me of the w .. urn Hemi1ohere. Ila llOPUlarity will srrow only aa Jonar •• ite vlayera, manager,. coaches. umpire, and administrative officer• reapect the dl•c.i· pline of lta code of rultt.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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Thia code of ruleo 11 written to aovern the playlnir of bueball sameo by profeaional team, of the American Leaaue of Profe:Nlonal Bueball Club,. the National League of Prof ... ional Bueball Clubo, and the league1 which are membera of the National Auociation of Profeuional Baaeball Leaa-uea.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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Reprinted by special permission from O FF I C I AL BASE BALL RULES REVISED EDITION Copyright by Bowie Kuhn, Com-missioner of Baseball .
While the National Baseball Congress was an amateur youth organization, they--like most other organized baseball leagues in the U.S.--adopted the Major League rules.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball, the National Game of the United States, la rapidly becominir the International Game of the Western Hemiaphere. It1 Popularity will 11~w only aa long u ita players, managers. coaches, umpires and adminlstrat.ive officer1 respect the dlecipiine of ito code of 1ulea.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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Thie code of rules lo written to govern the playlnir of bueball irames by profeuional teams of the American League of Profeaolonal Bueball Clubs. the National Leairue of ProfeHional Bueball Clubs, and the Jeairues which are membere o: the National Aasoclalion of Profeaoional Baseball Leagues
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OFFICIAL PLAYING IULES COMMITIEE -Charle, Segar, Chairman Chart" S. fMney., Cal Hubbard, Rick Ferrell., ColYJn Grlfftth, Fretco Thomp.ton, Joe l. lrown., frank J. Shouohr.euy., Rankin Johnson. W. D. Ryan., and Fred flelg, secretory,
Frank Shaughnessy, a former minor league player and league president, was the only minor league representative on the committee.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball, the National Game of the United States, is rapidly becoming the International Game of the Western Hemisphere. Its popularity will grow only as long "" its players, managers, coaches, umpires and administrative officers respect the discipline of its code of rules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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Thia code of rules is written to govern the playing of baaeball games by profeBBional teams of the American League of ProfeBSlonal Baseball Clubs, the National League of Professional Baseball Clubs, and the leagues which are members of the National Association of Professional Baseball Leaguea.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OFFICIAL PLAYING RULES COMMITTEE -Charles Segar, Chairman Charfe1 S. fMney, Col Hubbard, Rick Ferrell, Colvin Griffith, Fresco Thompson, Joe L. lrown, Fronk J. Shaughnessy, Rankin Johnson, W. O. Ryon, and Fred Fleig, secretory.
Frank Shaughnessy, a former minor league player and league president, was the only minor league representative on the committee.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball, the National Game of the United Statea la rapidly becomlnir the International Game of the Weatern Hemi1phere. it.a oopularlty wlll irrow only aa lonir u it.a players, manairera, coachea, umpires and admlnlatratlve officers reapect the dlacipline of !ta code of rulea.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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Thia code of rules la written to irovern the playinir of bueball iramea by profeoalonal team, or the American Leairue of Profeoalonal Bueball Cluba, the National League of Profeulonal Bueball Clubs, and the teairuea which are membera of the National Auociatlon of Profeulonal Baaeball Leairuea,
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OfflCIAL PLAYING RULES COMMITTEE -Chari•• Segar, Chairman Chorlu S. FMney, Cal Hubbard, Rick F..-,.11, Colvln Grifflth, Fresco Thompson, Joe l. lrown, Fronk J. Shou9hneuy, Vincent McNamara, W. D. Ryon, and Fred ftei1, Hcretory.
Frank Shaughnessy and Vincent McNamara, both minor league presidents, were the only minor league representatives on the committee.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball not only has maintained its I>Osition as the National Game of the United St.ates, but also hai, become the International Grune of the Western Hemisphere. Its popularity wilt grow only as long as its players, managers, coaches, umpires and administrative officers respect the disci· pline of it.a code of rules
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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Thia code of rules ia written to a-overn the playing of ba.aeba.11 games by pro(eu.iona1 teams of the American LealrUe of Professional Baseball Clubs, the National League of Profenional Baseball Cluba, and the leagues which are membera of the National Association of Professional Baseball Le.agues.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OFFICIAL PLAYING RULES COMMITTEE -John H. Johnaon, Chairman, Fred G. Fleig, Secretary, Charles S. Feeney, Richard B. Ferrell, Dick Butler, Calvin Griffith, John J. McHale, Joe L. Brown, George MacDonald, Vincent McNnmara, and W. D. Ryan.
Dick Butler, president of the South Atlantic minor league, and Vincent McNamara, president of the New York-Penn minor league, were the only minor league representatices on the rules committee.
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www.kwaldenphd.com www.kwaldenphd.com
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This code of rules la written to govern the playing of baseball games by profeulonal teams of the American League of Profeuional Baseball Clubs, the National League of Profeaaional Baseball Clubs, and the leagues which are membere of the National Association of Profeuional Baseball League,.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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Baaeball, the National Game of the United States, ia rapidly becoming the International Gnme of the Western Hemisphere. It11 J>ODUlarity will grow only as long u its players, managera, coaches, umpires and administrative officers respect the discipline of ib code of 1 utea.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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OfflCIAl BASEBALL RULES REVISED EDITION Copyright 19.59, by Ford C. frlclt, Commlnioner of lo1eboll
While the National Baseball Congress was an amateur youth organization, they--like most other organized baseball leagues in the U.S.--adopted the Major League rules.
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www.kwaldenphd.com www.kwaldenphd.com
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Baseball, the National G~e of the United States, Is rapidly becoming the ~ternational Game of the Western Hemisphere. Ita popularity wlil grow ~_ly aa Jong a.e it& players, managers. coaches, umpires and administrative '-tllfkere respect the discipline of its code of I ules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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Thia code of rulea ia written to govern the playinir of baseball gamea by professional teams of the American League of Profe88ional Baseball Cluba, the National League of Profesaional Baseball Clubs, and the leagu..a which are member& of the National Aaaociation of Profeaaional Baseball Leagues.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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OFFICIAL PLAYING RULES COMMITTEE -Chorlo, Soaor, Choirmon Charles S. F"n•Y, Cal Hubbard, Rick Ferrell, Colvln Griffith, fresco Thompson, Jo. L. Brown, Fronk J. Shoughneuy, Rankin Johnson, Jomes Tobin, and Fred Fleig, secretory.
The only minor league representative on the playing rules committee was Frank J. Shaughnessy, a former minor league player, club manager, and league president.
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OFFICIAL IASE1All RULES COMPLETELY REVISED 1955 Copyrighted 1955, by Ford C. frick, ComMiuloner of &aaebo
While the National Baseball Congress was an amateur youth organization, they--like most other organized baseball leagues in the U.S.--adopted the Major League rules.
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www.kwaldenphd.com www.kwaldenphd.com
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n!~~~~a\h"c~~;i0;r"\~e"'we~:..:~e if.~~h~i:e~si~: ~~~rrit00:/1ir~.i;: ~ only as long 1\8 its players, managers, coaches, umpires and administrative c.n officers respect the discipline of its code of I ules.
This trend appears more directly in the CBA documents, but as baseball's global presence expanded, Major League Baseball opted to capitalize on that popularity, rather than collaborate with foreign professional leagues, an attitude reflected in this section's language.
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This code of rules is written to govern the playing of baseball games by professional teams or the American League or Professional Baseball Clubs, the National Lea~ue o( ProfeBBional Baseball Clubs, and the leagues which are members of the National Association of Professional Baseball Leagues.
As seen in earlier documents, the code of rules developed for Major League Baseball was also used for minor league National Association teams.
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Reprinted by special permission from O F F I C I A L BASEBALL RULES (REVISED FOR 1958), Copyrighted 1958, by Ford C. Frick, Commissioner of Baseball
While the National Baseball Congress was an amateur youth organization, they--like most other organized baseball leagues in the U.S.--adopted the Major League rules.
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www.kwaldenphd.com www.kwaldenphd.com
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Post-Season Exhibition Games. Major League Rule 18(b) provides:
Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA.
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6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence.
In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.
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6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence.
Although the length of the playing contract is specified elsewhere in the contract, this language in the CBA gives clubs the power to place additional, uncompensated, obligations on players to ensure they comply with the level of physical fitness required to remain in good standing with the club per the terms of the contract.
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2. The Player, when requested by the Club, must submit to a completephysical examination at the expense of the Club, and if necessary totreatment by a physician, dentist, certified athletic trainer or other med-ical professional in good standing. Upon refusal of the Player to submitto a complete medical or dental examination, the Club may considersuch refusal a violation of this regulation and may take such action as itdeems advisable under Regulation 5 of this contract. Disability directlyresulting from injury sustained in the course and within the scope of hisemployment under this contract shall not impair the right of the Playerto receive his full salary for the period of such disability or for the sea-son in which the injury was sustained (whichever period is shorter),together with the reasonable medical and hospital expenses incurred byreason of the injury and during the term of this contract or for a periodof up to two years from the date of initial treatment for such injury,whichever period is longer, but only upon the express prerequisite con-ditions that (a) written notice of such injury, including the time, place,cause and nature of the injury, is served upon and received by the Clubwithin twenty days of the sustaining of said injury and (b) the Club shallhave the right to designate the health care facilities, physicians, dentists,certified athletic trainers or other medical professionals furnishing suchmedical and hospital services. Failure to give such notice shall notimpair the rights of the Player, as herein set forth, if the Club has actualknowledge of such injury. All workmen’s compensation paymentsreceived by the Player as compensation for loss of income for a specificperiod during which the Club is paying him in full, shall be paid overby the Player to the Club. Any other disability may be ground for sus-pending or terminating this contract
While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.
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Governmental Regulation–National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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By Club7.(b) The Club may terminate this contract upon written notice to thePlayer (but only after requesting and obtaining waivers of this contractfrom all other Major League Clubs) if the Player shall at any time:(1) fail, refuse or neglect to conform his personal conduct to thestandards of good citizenship and good sportsmanship or to keephimself in first-class physical condition or to obey the Club’s train-ing rules; or(2) fail, in the opinion of the Club’s management, to exhibit suf-ficient skill or competitive ability to qualify or continue as a mem-ber of the Club’s team; or(3) fail, refuse or neglect to render his services hereunder or inany other manner materially breach this contract.7.(c) If this contract is terminated by the Club, the Player shall be enti-tled to termination pay under the circumstances and in the amounts setforth in Article IX of the Basic Agreement. In addition, the Player shallbe entitled to receive an amount equal to the reasonable travelingexpenses of the Player, including first-class jet air fare and meals enroute, to his home city.
Minor league players are given limited avenues to influence or even negotiate the terms of their contractual employment and face significant professional and financial consequences for doing so.
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Medical Information6.(b) The Player agrees:(1)that the Club’s physician and any other physician or medicalprofessional consulted by the Player pursuant to Regulation 2 of thiscontract or Article XIII(D) of the Basic Agreement may furnish to theClub all relevant medical information relating to the Player. Except aspermitted by Article XIII(G) of the Basic Agreement, which is incor-porated herein by reference, the Club is prohibited from re-disclosingany such information without the express written consent of thePlayer. The Club’s physician shall be the custodian of the medicalrecords furnished to a Club pursuant to this Paragraph 6(b). The Club’strainers shall have access to all such records provided to the Club.(2) that, should the Club contemplate an assignment of this con-tract to another Club or Clubs, the Club’s physician may furnish tothe physicians and officials of such other Club or Clubs all relevantmedical information relating to the Player; provided, however, thatsaid physicians and officials are prohibited from re-disclosing anysuch information without the express written consent of the Player.In addition, within thirty (30) days from the receipt of the Player’smedical information, the physicians and officials of the Club whichrequested the medical information will return any and all documentsreceived to the Player’s Club, and will not keep copies of any doc-uments it received or any other records indicating the substance ofthe medical information transmitted. If the Player’s UPC is assignedbefore the information is returned in accordance with this subpara-graph (2), the assignee Club may retain the information. A Playermay, at the time that he is no longer under reserve to the Club or onDecember 1 of every other year, whichever is earlier, request thatthe Club notify him of the Clubs to which his medical informationwas provided pursuant to this Paragraph 6(b)(2).
While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.
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Service5.(a) The Player agrees that, while under contract, and prior to expira-tion of the Club’s right to renew this contract, he will not play baseballotherwise than for the Club, except that the Player may participate inpost-season games under the conditions prescribed in the MajorLeague Rules. Major League Rule 18(b) is set forth herein
These procedures are articulated in more detail in the rules documents, but players at any level of U.S. professional baseball have limited opportunities to use their baseball skills in other baseball contexts for financial gain. Those financial stakes have different ramifications for players not covered by major league salary minimums.
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Baseball Promotion3.(b) In addition to his services in connection with the actual playing ofbaseball, the Player agrees to cooperate with the Club and participate inany and all reasonable promotional activities of the Club and MajorLeague Baseball, which, in the opinion of the Club, will promote thewelfare of the Club or professional baseball, and to observe and complywith all reasonable requirements of the Club respecting conduct andservice of its team and its players, at all times whether on or off the field. Pictures and Public Appearances3.(c) The Player agrees that his picture may be taken for still photo-graphs, motion pictures or television at such times as the Club maydesignate and agrees that all rights in such pictures shall belong to theClub and may be used by the Club for publicity purposes in any man-ner it desires. The Player further agrees that during the playing seasonhe will not make public appearances, participate in radio or televisionprograms or permit his picture to be taken or write or sponsor newspa-per or magazine articles or sponsor commercial products without thewritten consent of the Club, which shall not be withheld except in thereasonable interests of the Club or professional baseball.
The CBA also blurs the distinction between on-field obligations and off-field expectations for major and minor league players, giving clubs extensive leeway in terms of their expectations for players. In this system, players also have limited autonomy to have full control of their identity, resources, and earning potential outside their career as a professional athlete.
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Loyalty3.(a) The Player agrees to perform his services hereunder diligentlyand faithfully, to keep himself in first-class physical condition and toobey the Club’s training rules, and pledges himself to the Americanpublic and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship.
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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ATTACHMENT 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.
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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.
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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.
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ATTACHMENT 47 Matthew R. Nussbaum, Esq.Assistant General CounselMajor League Baseball Players Association12 East 49th StreetNew York, New York 10017Re: Clubhouse & NutritionDear Matt: This letter will memorialize certain agreements that the Parties havereached with respect to home and visiting clubhouse standards andnutrition
No minor league player, club, or association representatives were to be included in this committee.
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ATTACHMENT 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.
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ATTACHMENT 46International Amateur Talent System
No minor league player, club, or association representatives were to be included in this subcommittee.
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ATTACHMENT 37 David M. Prouty, Esquire General Counsel Major League Baseball Players Association 12 East 49th Street New York, New York 10017 Dear David: This letter will memorialize our agreement on “mini-camps.”
While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.
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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.
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ATTACHMENT 12This will set forth the understanding of the Parties regarding ArticleXX(A), of the Basic Agreement:With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew
Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.
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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.
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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.
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(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.
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ARTICLE XXIV—The Revenue Sharing Plan
While theoretically a revenue sharing plan should have improved overall minor league working conditions, the CBA did not specify any of the shared revenues be allocated for minor league salaries or facilities.
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ARTICLE XXIII—Competitive Balance Tax
The Luxury Tax outlined in the 2003 CBA became known as the Competitive Balance Tax in this CBA. The 1994-1995 Major League strike resulted in significant tensions between players and owners going into this CBA negotiation. The competitive imbalance resulting from the lack of salary spending restrictions within Major League Baseball led to the institution of a Luxury Tax, which penalized clubs for spending over a specified salary cap.
While advantageous in terms of ensuring Major League competitive balance, the Luxury Tax also set the precedent for the slotted signing bonus system which would have significant impact on minor league labor conditions and compensation.
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ARTICLE XXII—Management RightsNothing in this Agreement shall be construed to restrict the rights ofthe Clubs to manage and direct their operations in any manner whatso-ever except as specifically limited by the terms of this Agreemen
This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.
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E. Individual Nature of Rights
After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.
No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.
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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.
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(b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisArticle XX(B)
With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.
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ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
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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.
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M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act
While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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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.
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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.
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C. Winter League PlayNo Major League Player shall be required to play in the WinterLeagues, provided that this provision shall not bar a Club from recom-mending the advisability of such activity to any Player.
While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.
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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.
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ARTICLE XIII—Safety and Health
Since the CBA only covers clubs included in "leagues" governed by this CBA as the National League and American League, the benefits and resources specified in this article are not guaranteed for minor league clubs.
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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.
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A. ReportingNo Player shall be required to report for Spring Training workoutsmore than thirty-three (33) days prior to the start of the championshipseason, provided that:(1) injured Players, pitchers and catchers may be invited toattend Spring Training workouts no earlier than forty-three (43)days prior to the start of the championship season; and(2) all other Players may be invited to attend Spring Trainingworkouts no earlier than thirty-eight (38) days prior to the start ofthe championship season
Although the length of the playing contract is specified elsewhere in the contract, the MLBPA continued working to clarify and formalize players' contractual labor obligations and limit opportunities for clubs to impose additional uncompensated work requirements.
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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.
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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.
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ARTICLE X—World Series, League Championship Series,Division Series, and Wild Card Game Players’ Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
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ARTICLE VIII—Moving Allowances
Extending the moving expenses clubs were required to cover for promoted players and their families was a major victory for the MLBPA in this CBA. However, no similar policy was outlined for minor league players who relocate due to an assignment to another minor league team.
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F. Allowances for Disabled Players
Minor league players rehabilitating from an injury do not have an equally-specific disability compensation procedure.
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D. All-Star and Home Run Derby Participant Benefits
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star game activities are not covered by this sub-article.
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(10)Criteria(a) The criteria will be the quality of the Player’s contribu-tion to his Club during the past season (including but not limitedto his overall performance, special qualities of leadership andpublic appeal), the length and consistency of his career contribu-tion, the record of the Player’s past compensation, comparativebaseball salaries (see paragraph (11) below for confidentialsalary data), the existence of any physical or mental defects onthe part of the Player, and the recent performance record of theClub including but not limited to its League standing and atten-
Even as arbitration procedures as outlined in the CBA give Major League players greater control over their conditions of labor, this language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.
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E. Salary Arbitration
As in previous CBAs, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.
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(3) For all Players signing a first Major League contract, theminimum salary for Minor League service shall be as follows:
The 2003 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who were signing a Major League contract. These minimums did not apply to players who were under a minor league contract.
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2) For all Players (a) signing a second Major League contract(not covering the same season as any such Player’s initial MajorLeague contract) or a subsequent Major League contract, or (b) whohave at least one day of Major League service, the minimum salaryshall be as follows:(i) for Major League service—at a rate not less than the MajorLeague minimum salary;(ii) for Minor League service—at a rate not less than the fol-lowing:2017—at the rate per season of $87,200;2018—at the rate per season of $88,900;2019—at the rate per season of $90,400;2020—at the 2019 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow $90,400;2021—at the 2020 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow the 2020 rate per season.
The 2007 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who had the minimum one day of Major League service. For players who had not been promoted to a Major League club, these minimums did not apply.
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ARTICLE VI—Salaries
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
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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.
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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.
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www.kwaldenphd.com www.kwaldenphd.com
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Post-Season Exhibition Games. Major League Rule 18(b) provides
Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA.
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6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence
Although the length of the playing contract is specified elsewhere in the contract, this language in the CBA gives clubs the power to place additional, uncompensated, obligations on players to ensure they comply with the level of physical fitness required to remain in good standing with the club per the terms of the contract.
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6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compensa-tion than that herein elsewhere provided, for a period beginning not ear-lier than thirty-three (33) days prior to the start of the championshipseason; provided, however, that the Club may invite players to report atan earlier date on a voluntary basis in accordance with Article XIV of theBasic Agreement. The Club will pay the necessary traveling expenses,including the first-class jet air fare and meals en route of the Player fromhis home city to the training place of the Club, whether he be ordered togo there directly or by way of the home city of the Club. In the event ofthe failure of the Player to report for practice or to participate in the exhi-bition games, as required and provided for, he shall be required to getinto playing condition to the satisfaction of the Club’s team manager,and at the Player’s own expense, before his salary shall commence
In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.
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2. The Player, when requested by the Club, must submit to a completephysical examination at the expense of the Club, and if necessary totreatment by a physician, dentist, certified athletic trainer or other med-ical professional in good standing. Upon refusal of the Player to submitto a complete medical or dental examination, the Club may considersuch refusal a violation of this regulation and may take such action as itdeems advisable under Regulation 5 of this contract. Disability directlyresulting from injury sustained in the course and within the scope of hisemployment under this contract shall not impair the right of the Playerto receive his full salary for the period of such disability or for the sea-son in which the injury was sustained (whichever period is shorter),together with the reasonable medical and hospital expenses incurred byreason of the injury and during the term of this contract or for a periodof up to two years from the date of initial treatment for such injury,whichever period is longer, but only upon the express prerequisite con-ditions that (a) written notice of such injury, including the time, place,cause and nature of the injury, is served upon and received by the Clubwithin twenty days of the sustaining of said injury and (b) the Club shallhave the right to designate the health care facilities, physicians, dentists,certified athletic trainers or other medical professionals furnishing suchmedical and hospital services. Failure to give such notice shall notimpair the rights of the Player, as herein set forth, if the Club has actualknowledge of such injury. All workmen’s compensation paymentsreceived by the Player as compensation for loss of income for a specificperiod during which the Club is paying him in full, shall be paid overby the Player to the Club. Any other disability may be ground for sus-pending or terminating this contract.
While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.
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Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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By Club7.(b) The Club may terminate this contract upon written notice to thePlayer (but only after requesting and obtaining waivers of this contractfrom all other Major League Clubs) if the Player shall at any time:(1) fail, refuse or neglect to conform his personal conduct to thestandards of good citizenship and good sportsmanship or to keephimself in first-class physical condition or to obey the Club’s train-ing rules; or(2) fail, in the opinion of the Club’s management, to exhibit suf-ficient skill or competitive ability to qualify or continue as a mem-ber of the Club’s team; or(3) fail, refuse or neglect to render his services hereunder or inany other manner materially breach this contract
Minor league players are given limited avenues to influence or even negotiate the terms of their contractual employment and face significant professional and financial consequences for doing so.
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Medical Information6.(b) The Player agrees:(1) that the Club’s physician and any other physician or medicalprofessional consulted by the Player pursuant to Regulation 2 of thiscontract or Article XIII(D) of the Basic Agreement may furnish tothe Club all relevant medical information relating to the Player.Except as permitted by Article XIII(G) of the Basic Agreement,which is incorporated herein by reference, the Club is prohibitedfrom re-disclosing any such information without the express writtenconsent of the Player. The Club’s physician shall be the custodian ofthe medical records furnished to a Club pursuant to this Paragraph6(b). The Club’s trainers shall have access to all such records pro-vided to the Club.(2) that, should the Club contemplate an assignment of this con-tract to another Club or Clubs, the Club’s physician may furnish tothe physicians and officials of such other Club or Clubs all relevan
While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.
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Service5.(a) The Player agrees that, while under contract, and prior to expira-tion of the Club’s right to renew this contract, he will not play baseballotherwise than for the Club, except that the Player may participate inpost-season games under the conditions prescribed in the MajorLeague Rules. Major League Rule 18(b) is set forth herein
These procedures are articulated in more detail in the rules documents, but players at any level of U.S. professional baseball have limited opportunities to use their baseball skills in other baseball contexts for financial gain. Those financial stakes have different ramifications for players not covered by major league salary minimums.
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Baseball Promotion3.(b) In addition to his services in connection with the actual playing ofbaseball, the Player agrees to cooperate with the Club and participate inany and all reasonable promotional activities of the Club and MajorLeague Baseball, which, in the opinion of the Club, will promote thewelfare of the Club or professional baseball, and to observe and complywith all reasonable requirements of the Club respecting conduct andservice of its team and its players, at all times whether on or off the field. Pictures and Public Appearances3.(c) The Player agrees that his picture may be taken for still photo-graphs, motion pictures or television at such times as the Club maydesignate and agrees that all rights in such pictures shall belong to theClub and may be used by the Club for publicity purposes in any man-ner it desires. The Player further agrees that during the playing seasonhe will not make public appearances, participate in radio or televisionprograms or permit his picture to be taken or write or sponsor newspa-per or magazine articles or sponsor commercial products without thewritten consent of the Club, which shall not be withheld except in thereasonable interests of the Club or professional baseba
The CBA also blurs the distinction between on-field obligations and off-field expectations for major and minor league players, giving clubs extensive leeway in terms of their expectations for players. In this system, players also have limited autonomy to have full control of their identity, resources, and earning potential outside their career as a professional athlete.
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Loyalty3.(a) The Player agrees to perform his services hereunder diligentlyand faithfully, to keep himself in first-class physical condition and toobey the Club’s training rules, and pledges himself to the Americanpublic and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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III. Education CommitteeThe parties will establish a permanent Education/VocationalCommittee consisting of representatives of both parties to assistinternational players who are not drafted, or are released prior toreaching the Major Leagues, with their transition to educational/vocational programs or the workforce. The Office of the Com-missioner will provide the Committee with an annual operatingbudget. The Committee will focus on the following activities
Earlier CBAs had recognized the changing demographics of the sport in any official legal documentation by requiring those documents be translated and printed in Spanish. The addition of career and continuing education courses in this CBA is another example of the MLBPA advocating for the interests or needs of foreign-born players.
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265ATTACHMENT 46International Amateur TalentI. International Talent Committee
No minor league player, club, or association representatives were to be included in this subcommittee.
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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.
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250ATTACHMENT 37 David M. Prouty, Esquire Chief Labor Counsel Major League Baseball Players Association 12 East 49th Street New York, New York 10017 Dear David: This letter will memorialize our agreement on “mini-camps”.
While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.
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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.
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With respect to a Minor League Player with no existing Major LeagueContract, whose Minor League contract has been assigned to a MajorLeague Club, it is understood that the placing of such a Player on theMajor League Club’s Active Reserve List (40-man Roster) and the ten-dering to such a Player of a Major League Contract without the neces-sity of renewing the Minor League contract will provide the MajorLeague Club with reservation rights to such a Player. Thus, such aPlayer will not become a free agent under Article XX(A)(2)(d), whichprovides that a Player will become a free agent if his Club fails to exer-cise its contract renewal rights, there being no prior Major LeagueContract to renew.
Although relatively minor, this attachment lays out an exception to an earlier portion of the CBA, and in effect further restricts minor league players' access to free agency. If a minor league player who is not currently under any contract is signed by a Major League club, free agency rules would not apply should the club choose not to renew his contract.
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ARTICLE 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.
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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.
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(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.
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ARTICLE XXIV—The Revenue Sharing Plan
While theoretically a revenue sharing plan should have improved overall minor league working conditions, the CBA did not specify any of the shared revenues be allocated for minor league salaries or facilities.
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ARTICLE XXIII—Competitive Balance TaxA. General Definitions
The Luxury Tax outlined in the 2003 CBA became known as the Competitive Balance Tax in this CBA. The 1994-1995 Major League strike resulted in significant tensions between players and owners going into this CBA negotiation. The competitive imbalance resulting from the lack of salary spending restrictions within Major League Baseball led to the institution of a Luxury Tax, which penalized clubs for spending over a specified salary cap.
While advantageous in terms of ensuring Major League competitive balance, the Luxury Tax also set the precedent for the slotted signing bonus system which would have significant impact on minor league labor conditions and compensation.
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ARTICLE XXII—Management RightsNothing in this Agreement shall be construed to restrict the rights ofthe Clubs to manage and direct their operations in any manner whatso-ever except as specifically limited by the terms of this Agreement.
This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.
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E. Individual Nature of Rights
After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.
No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.
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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.
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(b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisSection B
With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.
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ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
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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.
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A. Consent to Assignment
Even as free agency was radically altering the compensation level and conditions of labor for Major League players, minor league players continued to have limited say over their contract assignment and level of compensation.
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N. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-lize the Bereavement, Medical Emergency and Paternity leavesprovided in Major League Rules 2(n) and (o). Medical Emergency andPaternity leaves shall run concurrently with any leave available underthe Family and Medical Leave Act.
While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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K. International Play
With organized baseball becoming more firmly established, profitable, and successful outside the United States, Major League Baseball and the MLBPA further expanded the level of specificity and regulation in the CBA in terms of international competition.
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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.
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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.
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D. College Scholarship PlanA Major League Player for whom there is in effect on or after January1, 1973 a valid and unexpired scholarship under the College Scholar-ship Plan may commence or resume his studies under the Plan at anytime within two years after his last day of Major League service. If his college studies have not commenced under the Plan within twoyears after his last day of Major League service, his scholarship shallterminate.Otherwise, his scholarship shall continue unless he shall fail to attendcollege for more than two consecutive years after his last day of MajorLeague service, without proper reason as set forth in Major LeagueRule 3(c)(5)(D). Participation by a Player in Winter League or Instruc-tional League play shall constitute proper reason for tolling the timelimitation in the preceding sentence
The College Scholarship Plan supported Major League players who were drafted out of college prior to completing their degrees and supported their degree completion. However, the benefits articulated in the Scholarship Plan only were available to drafted players who had advanced to the Major Leagues.
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C. Winter League PlayNo Major League Player shall be required to play in the WinterLeagues, provided that this provision shall not bar a Club from recom-mending the advisability of such activity to any Player
While this CBA gives players some additional opportunities to profit from their baseball skill in the off-season, the vague language in this article also blurs the distinction between what players are contractually obligated to do and what 'recommended measures' a club might suggest to a player, with the unspoken potential threat of being held in breach of contract.
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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.
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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.
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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.
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ARTICLE X—World Series, League Championship Series,Division Series, and Wild Card Game Players’ Pool
No equivalent pool was created for minor league players to profit from championship or post-season appearances.
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ARTICLE VIII—Moving Allowances
Extending the moving expenses clubs were required to cover for promoted players and their families was a major victory for the MLBPA in this CBA. However, no similar policy was outlined for minor league players who relocate due to an assignment to another minor league team.
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A Player who performs prescribed rehabilitation work will receive theallowances set forth below depending on the location of the rehabilita-tion. The applicable allowances (if any) will be provided withoutdeduction irrespective of whether the Club directs the Player to per-form rehabilitation work at the site pursuant to its rights under theBasic Agreement, or the Player voluntarily agrees to perform rehabili-tation work at a particular site with the consent of the Club.
Minor league players rehabilitating from an injury do not have an equally-specific disability compensation procedure.
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E. All-Star and Home Run Derby Participant Benefit
Since the CBA only articulates "leagues" governed by this CBA as the National League and American League, the various affiliated minor leagues (collections of minor league clubs) and their all-star game activities are not covered by this sub-article.
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(10)Criteria
Even as arbitration procedures as outlined in the CBA give Major League players greater control over their conditions of labor, this language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.
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E. Salary Arbitration
As in previous CBAs, the salary protections and playing time incentives included in arbitration procedures did not include any immediate substantive changes for minor league players who had not achieved the minimum service time to be eligible for arbitration.
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3) For all Players signing a first Major League contract who arenot covered by paragraph (2) above, the minimum salary for MinorLeague service shall be as follows
The 2003 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who were signing a Major League contract. These minimums did not apply to players who were under a minor league contract.
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(2) For all Players (a) signing a second Major League contract(not covering the same season as any such Player’s initial MajorLeague contract) or a subsequent Major League contract, or (b) hav-ing at least one day of Major League service, the minimum salaryshall be as follows:(i) for Major League service—at a rate not less than the MajorLeague minimum salary;(ii) for Minor League service—at a rate not less than the fol-lowing:2012—at the rate per season of $78,250;2013—at the rate per season of $79,900;2014—at the rate per season of $81,500;2015—at the 2014 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow $81,500;2016—at the 2015 rate per season plus a cost of livingadjustment, rounded to the nearest $100, provided that the costof living adjustment shall not reduce the minimum salarybelow the 2015 rate per season
The 2007 CBA was again one of early moments minor league salaries were specified in a legal document negotiated by the MLBPA. However, those salary minimums only applied to players who had the minimum one day of Major League service. For players who had not been promoted to a Major League club, these minimums did not apply.
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ARTICLE VI—Salaries
Only vague guidelines for minimum salaries or salary specifications are laid out for minor league teams and players, allowing management to retain power over the minor league compensation structure.
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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.
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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.
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www.kwaldenphd.com www.kwaldenphd.com
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Post-Season Exhibition Games. Major League Rule 18(b) provides:
Again, as seen previously in the CBA, players are given limited ability to utilize their baseball skills for financial gain outside the playing season established by major league baseball in the CBA.
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6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compen-sation than that herein elsewhere provided, for a period beginning notearlier than thirty-three (33) days prior to the start of the championshipseason, provided, however, that the Club may invite players to reportat an earlier date on a voluntary basis in accordance with Article XIVof the Basic Agreement. The Club will pay the necessary travelingexpenses, including the first-class jet air fare and meals en route of thePlayer from his home city to the training place of the Club, whether hebe ordered to go there directly or by way of the home city of the Club.In the event of the failure of the Player to report for practice or to par-ticipate in the exhibition games, as required and provided for, he shallbe required to get into playing condition to the satisfaction of theClub’s team manager, and at the Player’s own expense, before hissalary shall commence.
In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.
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6. In order to enable the Player to fit himself for his duties under thiscontract, the Club may require the Player to report for practice at suchplaces as the Club may designate and to participate in such exhibitioncontests as may be arranged by the Club, without any other compen-sation than that herein elsewhere provided, for a period beginning notearlier than thirty-three (33) days prior to the start of the championshipseason, provided, however, that the Club may invite players to reportat an earlier date on a voluntary basis in accordance with Article XIVof the Basic Agreement. The Club will pay the necessary travelingexpenses, including the first-class jet air fare and meals en route of thePlayer from his home city to the training place of the Club, whether hebe ordered to go there directly or by way of the home city of the Club.In the event of the failure of the Player to report for practice or to par-ticipate in the exhibition games, as required and provided for, he shallbe required to get into playing condition to the satisfaction of theClub’s team manager, and at the Player’s own expense, before hissalary shall commence.
Although the length of the playing contract is specified elsewhere in the contract, this language in the CBA gives clubs the power to place additional, uncompensated, obligations on players to ensure they comply with the level of physical fitness required to remain in good standing with the club per the terms of the contract.
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2. The Player, when requested by the Club, must submit to a completephysical examination at the expense of the Club, and if necessary totreatment by a regular physician or dentist in good standing. Uponrefusal of the Player to submit to a complete medical or dental exami-nation, the Club may consider such refusal a violation of this regula-tion and may take such action as it deems advisable under Regulation5 of this contract. Disability directly resulting from injury sustained inthe course and within the scope of his employment under this contractshall not impair the right of the Player to receive his full salary for theperiod of such disability or for the season in which the injury was sus-tained (whichever period is shorter), together with the reasonable med-ical and hospital expenses incurred by reason of the injury and duringthe term of this contract or for a period of up to two years from the dateof initial treatment for such injury, whichever period is longer, but onlyupon the express prerequisite conditions that (a) written notice of suchinjury, including the time, place, cause and nature of the injury, isserved upon and received by the Club within twenty days of the sus-taining of said injury and (b) the Club shall have the right to designatethe doctors and hospitals furnishing such medical and hospital servic-es. Failure to give such notice shall not impair the rights of the Player,as herein set forth, if the Club has actual knowledge of such injury. Allworkmen’s compensation payments received by the Player as compen-sation for loss of income for a specific period during which the Club is paying him in full, shall be paid over by the Player to the Club. Any other disability may be ground for suspending or terminating thiscontract
While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.
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Governmental Regulation-National Emergency11. This contract is subject to federal or state legislation, regulations,executive or other official orders or other governmental action, now orhereafter in effect respecting military, naval, air or other governmentalservice, which may directly or indirectly affect the Player, Club or theLeague and subject also to the right of the Commissioner to suspendthe operation of this contract during any national emergency duringwhich Major League Baseball is not played.
However, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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(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.
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By Club7.(b) The Club may terminate this contract upon written notice to thePlayer (but only after requesting and obtaining waivers of this contractfrom all other Major League Clubs) if the Player shall at any time:(1) fail, refuse or neglect to conform his personal conduct to thestandards of good citizenship and good sportsmanship or to keephimself in first-class physical condition or to obey the Club’s train-ing rules; or(2) fail, in the opinion of the Club’s management, to exhibit suf-ficient skill or competitive ability to qualify or continue as a mem-ber of the Club’s team; or(3) fail, refuse or neglect to render his services hereunder or inany other manner materially breach this contract.7.(c) If this contract is terminated by the Club, the Player shall be enti-tled to termination pay under the circumstances and in the amounts setforth in Article IX of the Basic Agreement. In addition, the Player shallbe entitled to receive an amount equal to the reasonable travelingexpenses of the Player, including first-class jet air fare and meals enroute, to his home city
Minor league players are given limited avenues to influence or even negotiate the terms of their contractual employment and face significant professional and financial consequences for doing so.
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Medical Information6.(b) The Player agrees:(1) that the Club’s physician and any other physician consultedby the Player pursuant to Regulation 2 of this contract or ArticleXIII(D) of the Basic Agreement may furnish to the Club all relevantmedical information relating to the Player; and(2) that, should the Club contemplate an assignment of this con-tract to another Club or Clubs, the Club’s physician may furnish tothe physicians and officials of such other Club or Clubs all relevantmedical information relating to the Player
While some minimum expectations for resources the club will provide to players are articulated in the CBA, the obligation still largely falls on the player to follow specific procedures and conventions in order to have access to those resources. The CBA also raises the threat of contract termination as an option for players who avail themselves of club-provided resources.
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Service5.(a) The Player agrees that, while under contract, and prior to expira-tion of the Club’s right to renew this contract, he will not play baseballotherwise than for the Club, except that the Player may participate inpost-season games under the conditions prescribed in the MajorLeague Rules. Major League Rule 18(b) is set forth herein
These procedures are articulated in more detail in the rules documents, but players at any level of U.S. professional baseball have limited opportunities to use their baseball skills in other baseball contexts for financial gain. Those financial stakes have different ramifications for players not covered by major league salary minimums.
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Baseball Promotion3.(b) In addition to his services in connection with the actual 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.
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Loyalty3.(a) The Player agrees to perform his services hereunder diligentlyand faithfully, to keep himself in first-class physical condition and toobey the Club’s training rules, and pledges himself to the Americanpublic and to the Club to conform to high standards of personal con-duct, fair play and good sportsmanship
The CBA makes physical conditioning and other aspects of athletic training and fitness the responsibility of the player, without establishing minimum standards for league or club support for these requirements.
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ATTACHMENT 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.
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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.
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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.
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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.
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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.
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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.
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(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.
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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.
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ARTICLE XXII—Management RightsNothing in this Agreement shall be construed to restrict the rights ofthe Clubs to manage and direct their operations in any manner what-soever except as specifically limited by the terms of this Agreement.
This language in the CBA is ambiguous around the quantifiable value of player labor and gives management broad power to threaten punitive action or incentivize player compliance with management decisions about labor practices not clearly articulated in this CBA.
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E. Individual Nature of Rights
After multiple consecutive seasons in the 1980s when no free agents received bids from competing clubs, the MLBPA responded by negotiating for this language to be added to the CBA to prevent or at least penalize future collusion against free agents.
No equivalent or similar protections exist for minor league players, since they are not able to achieve free agent status until achieving a minimum amount of required service time.
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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.
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b) There shall be no restriction or interference with the right ofa free agent to negotiate or contract with any baseball club outsidethe structure of organized baseball, nor shall there be any compen-sation paid for the loss of a free agent except as provided for in thisSection B
With foreign professional leagues and independent leagues in the United States growing in financial stability and level of play, the MLBPA made it possible for professional players to negotiate with teams outside the monopoly of Major League Baseball.
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ARTICLE XX—Reserve System
As noted in the 1980 CBA, the 1975 Messersmith/McNally ruling overturned Major League Baseball's reserve clause and created a clear path for certain players to negotiate as free agents. However, the MLBPA's success in negotiating for the rights of free agents also came with a reserve system that severely limited minor league players' autonomy and access to the benefits and opportunities of free agency.
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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.
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A. Consent to Assignment
Even as free agency was radically altering the compensation level and conditions of labor for Major League players, minor league players continued to have limited say over their contract assignment and level of compensation.
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M. Family and Medical Leave ActThe Clubs will comply with the requirements of the Family and Med-ical Leave Act (29 U.S.C. 2601 et seq.).
While this CBA reflects compliance with the 1993 federal law, the legal precedent around Major League Baseball's anti-trust exemption means professional baseball is not required to comply with other federal or state laws, regulations, or procedures.
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(5)International Play Committee
No minor league club or player representatives are included on this committee.
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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.
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. In order to enable the Player to fit himself for his duties under this contract, the Club may require the Player to report for practice at such places as the Club may designate and to participate in such exhibition contests as may be arranged by the Club, without any other compensation than that herein elsewhere provided, for a period begin-ning not earlier than thirty-three (33) days prior to the start of the championship season, provided, however, that the Club may invite players to report at an earlier date on a voluntary basis in accordance with Article XIV of the Basic Agreement. The Club will pay the necessary traveling expenses, including the first-class jet air fare and meals en route of the Player from his home city to the training place of the Club, whether he be ordered to go there directly or by way of the home city of the Club. In the event of the failure of the Player to report for practice or to participate in the exhibition games, as required and provided for, he shall be required to get into playing condition to the satisfaction of the Club's team manager, and at the Player's own expense, before his salary shall commence.
In previous CBAs, this section of the agreement had detailed how clubs could recommend for players to participate in winter leagues, which most often took place outside the United States. This CBA represents a shift toward off-season organized player development "opportunities" that were still coordinated by Major League Baseball.
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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.
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