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| Wednesday, November 14 Settling the dispute By Darren Rovell ESPN.com |
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The Major League Baseball Players Association has filed a grievance against baseball's team owners over their threat to contract two teams from the 30-team league. The grievance could be settled through arbitration, a system of resolution that is quicker than hearing the case in court, though not necessarily less complicated. Before a case is heard, the arbitrator must determine whether he has jurisdiction to render a decision in the dispute. As a joint appointee of the Major League Baseball and the Major League Baseball Players Association, the arbitrator is bound by the league's collective bargaining agreement (CBA). If the grievance filed by the players association against the owners over their intention to contract two teams conflicts with parts of the CBA, the arbitrator is within his jurisdiction to rule. While there are no specific stipulations in the CBA involving contraction, owners may have violated other principals spelled out in the agreement.
Cases go to arbitration in order to speed up or avoid the judicial process. It is realistic for an arbitrator to render a decision in a matter of days or weeks, while a court case could take much longer. For example, baseball salary arbitration cases are decided within 24 hours after a three-hour hearing. But if the decision does not satisfy the losing party, it may file a motion to overturn the arbitrator's ruling, which would then be heard in a federal district court. According to Robert Creo, a former baseball salary arbitrator and an NFL grievance arbitrator, an arbitrator's decision can be overturned in three instances:
Creo says an overturned arbitrator's decision is rare. If the owners win the arbitration, contraction isn’t necessarily imminent. The players association might ask for support from the National Labor Relations Board in the event it can prove contraction would violate the the Wagner Act of 1935, which grants rights that enable unions to negotiate with management over working hours, wages and working conditions. Working wages and working conditions may be interpreted to be at stake in contraction, said sports labor expert Paul Staudohar. Even if the NLRB doesn't take up the case, contraction isn't definite. Not only because some people within the state and federal government already have threatened to become involved by attempting to remove parts of baseball's antitrust exemption, but because the owners might use contraction as a negotiation tactic. "What they have done might have been within the law," said sports economist Rod Fort, who testified before a Senate subcommittee on antitrust last November regarding revenue disparity and competitive balance between baseball's teams. "But they might not actually do it. They could just bring it to the table when they sit down to negotiate the new collective bargaining agreement and threaten to do it if they don't get an additional luxury tax or some sort of salary cap." Darren Rovell covers sports business for ESPN.com. He can be reached at darren.rovell@espn.com. |
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