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TABLE OF CONTENTS
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ARTICLE II—Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE V—Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. Length of Season . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. Championship Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C. Additional Scheduling Agreements . . . . . . . . . . . . . . . . . . . . 4
D. Interleague Play . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE VI—Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
A. Definition of Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
B. Minimum Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Standard Length of Season . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
D. Maximum Salary Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
E. Salary Continuation-Military Encampment . . . . . . . . . . . . . 14
F. Salary Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
(1) Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
(2) Trade Demand-Club Consent to Arbitration . . . . . . . 15
(3) Notice of Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
(a) Player Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
(b) Club Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
(c) Special Exceptions to Maximum Salary
Reduction Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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D. Split Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
E. Injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
F. Non-Duplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
ARTICLE XII—Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
A. Just Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
B. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
C. Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
D. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
E. Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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ARTICLE XV—Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
A. No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
B. Parking Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
C. Winter League Play . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
D. College Scholarship Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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E. Determination of Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
(1) General Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
(2) Average Annual Value of Guaranteed
Multi-Year Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
(3) Signing Bonuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
(4) Performance, Award and Other Bonuses . . . . . . . . . . . 91
(5) Option Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
(6) Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
(7) Loans to Players . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
F. Association’s Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
(1) Actual Club Payroll Information . . . . . . . . . . . . . . . . . . 99
(2) Association’s Rights to Challenge . . . . . . . . . . . . . . . . . 100
G. Other Undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
H. Uses Of Competitive Balance Tax Proceeds . . . . . . . . . . . . 103
I. Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
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2007-2011 BASIC AGREEMENT
ARTICLE II—Recognition
The Clubs recognize the Association as the sole and exclusive collec-
tive bargaining agent for all Major League Players, and individuals
who may become Major League Players during the term of this Agree-
ment, with regard to all terms and conditions of employment, provid-
ed that an individual Player shall be entitled to negotiate in accordance
with the provisions set forth in this Agreement (1) an individual salary
over 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 provide
additional benefits to the Player.
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During the term of this Agreement, no other form of Uniform Player’s
Contract will be utilized. Should the provisions of any Contract
between any individual Player and any of the Clubs be inconsistent
with the terms of this Agreement, the provisions of this Agreement
shall govern. Subject to the limitations set forth in Article IV below,
nothing herein contained shall limit the right of any Club and Player to
enter into Special Covenants in the space provided in a manner not
inconsistent with the provisions of this Agreement. The termination of
this Agreement shall not impair, limit or terminate the rights and duties
of any Club or Player under any Contract between any individual Play-
er and any of the Clubs.
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shall be entitled to be paid by the Club for round-trip first-class trans-
portation and first-class hotel costs.
Upon execution of a Uniform Player’s Contract by the Club and Play-
er, the Club promptly shall submit the Contract, in duplicate, to the
Commissioner for approval. Within 20 days of receipt, the Commis-
sioner shall approve or disapprove the Contract (with notice to the
Association), or provide the Association with a written explanation of
why the Contract has not been approved. This period is extended to 30
days if a Contract is received by the Commissioner between February
15 and April 15. Within ten days after the Commissioner is to provide
an explanation of why a Contract has not been approved, the Commis-
sioner shall approve or disapprove the Contract. (See Attachment l.)
Any Grievance challenging the Commissioner’s conduct under this
Article shall be handled by the Parties on an expedited basis with
documents being exchanged within 10 days of the filing of the Griev-
ance, a hearing commencing within 15 days of the filing of the Griev-
ance and the Panel issuing an Award (with an opinion to follow, if
necessary) no later than 15 days following the commencement of the
hearing.
ARTICLE V—Scheduling
A. Length of Season
During the term of this Agreement, each Club shall be scheduled to
play 162 games during each championship season. A championship
season will not be scheduled over a period of less than 178 days or
more than 183 days. If, however, any Club’s championship season is
scheduled to open with a game played outside of the United States and
Canada, and the scheduling of such a game causes the championship
season for those Clubs to be scheduled over a period of more than 183
days (an “International Opener”), then the championship season for all
other Clubs shall commence on the date of the first regularly scheduled
championship season game within the 183 days preceding the regular-
ly scheduled end of the championship season. (See Article VI(C) and
Article XV(J)(6), below.)
Following completion of each championship season, eight Clubs shall
engage in best of five (seven if the Division Series is expanded) Divi-
sion Series. (See Attachment 25.) The winners of the Division Series
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in each League shall then engage in a best of seven League Champi-
onship Series, and the winners of the two League Championship Series
shall engage in a best of seven World Series. If during the term of this
Agreement the format of the Division Series, the League Champi-
onship Series or the World Series is proposed to be changed, the Clubs
shall give the Association notice thereof and shall negotiate the pro-
posed change with the Association; provided, however, that if during
the term of this Agreement the Division Series is proposed to be
changed to the best of seven games, the Clubs shall give the Associa-
tion notice thereof and shall negotiate with the Association but the
Clubs shall not be required to negotiate with the Association over con-
tributions to the Players’ pool beyond those specified in Article X. Any
failure to play the Division Series, the League Championship Series or
the World Series, in whole or in part, by reason of causes beyond the
control of the Clubs, shall not constitute a change in the format of such
Series or a breach of this Agreement.
During any negotiations between the Parties on the subject of a renew-
al of or successor to this Agreement, the Clubs agree that any propos-
al made by the Association to reduce the number of championship
season games shall not be resisted on the ground of commitments
made by the Clubs in local television and radio contracts. However,
nothing herein shall interfere with or limit the right of the Clubs to
resist such proposal on any other ground or the right of either Party to
take any other position in future negotiations on this or any other prop-
er subject for collective bargaining.
B. Championship Schedules
On or before July 1st of each year, copies of the tentative champi-
onship schedules of the Major Leagues for the next ensuing season
shall be submitted to the Association for review. The Association shall
complete its review not later than October 15th.
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to play a total of two split doubleheaders in that championship
season:
(a) each Club shall have the right to reschedule any postponed
game as a split doubleheader when ticket sales for the game at the
time of postponement exceed, in any respect, the number of com-
parable tickets available to be exchanged by the Club for the bal-
ance of the championship season, and both the postponed and
rescheduled game occur in the last regularly scheduled series
between the two Clubs at the Club’s park; and
(b) when there is no practical alternative to doing so, the
Boston Red Sox and Chicago Cubs shall have the right to
reschedule a postponed game as a split doubleheader to be played
in, respectively, Fenway Park and Wrigley Field, even if the cri-
teria set out in subparagraph (a) above are not met. Scheduling a
postponed game as part of a conventional doubleheader will not
be considered a practical alternative.
The Association shall have the exclusive right to approve the addi-
tional rescheduling of postponed games as split doubleheaders in
circumstances that are not automatically permitted by subparagraph
(a) or (b) above.
(2) One-day stands will not be scheduled except as “openers” or
doubleheaders to be followed by an open day. A game will not be
rescheduled as a one-game stand except as required to complete the
championship schedule.
(3) During the championship season, no Club shall be scheduled
to play an exhibition game other than the Hall of Fame Game. No
Club shall be scheduled to play in more than one Hall of Fame
Game during the term of this Agreement. For purposes of this para-
graph (3), a spring training exhibition game that is scheduled to
commence at least three hours before the start of the first champi-
onship season game shall not be considered played “during the
championship season.”
(4) The following shall apply to the scheduling or rescheduling
of games prior to day doubleheaders:
(a) a game will not be scheduled to start after 5 P.M. if either
Club is scheduled to play a day doubleheader the next day;
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(b) a game will not be rescheduled to start after 5 P.M. if
either Club is scheduled to play a day doubleheader the next day
unless such rescheduling is necessary to complete the champi-
onship schedule.
(5) Day games shall not be scheduled or (unless necessary to
complete the championship schedule) rescheduled to start before 1
P.M., except as provided in paragraph (6) below, and except that
such games may be scheduled or rescheduled to start between Noon
and 1 P.M., if each Club meets one of the following two conditions:
(a) if an off-day occurred the previous day; or
(b) if a game were played in the same city within the previous
24 hours.
Day games may be scheduled or rescheduled to start between Noon
and 1 P.M. on holidays if each Club meets one of the above condi-
tions or if an afternoon game starting not later than 5 P.M. or a dou-
bleheader starting not later than 1:30 P.M. was played in another
city the previous day and the travel time required in-flight is 11/2
hours or less.
(6) With the approval of the Commissioner, not more than 4
games per League per year may be scheduled or rescheduled to start
between 10:30 A.M. and Noon, if, with respect to both Clubs, the
conditions stated in paragraph (5) above with respect to scheduling
and rescheduling of day games between Noon and l P.M. are met.
(7) No Club shall be scheduled to play a game starting after 5
P.M. if such game is a road game and is followed by a home off-day,
unless:
(a) a later game is required to be scheduled pursuant to a
national television agreement; or
(b) the road Club is playing at Texas or Florida on or after
June 1.
In addition, the Players Association shall grant one additional
exception only to a Club that is limited by its stadium lease agree-
ment or a governmental regulation, in the number of day games it
may play, and only after the Club has applied for and has been
denied a waiver by its lessor or the local governmental authority.
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Other getaway games shall not be scheduled or rescheduled to start
later than 5 P.M. if either Club is required to travel for a day game,
scheduled the next day, between cities in which the in-flight time is
more than 1½ hours. In each season, the championship season
schedule may contain six exceptions to the rule in the immediately
preceding sentence provided that the traveling Club is traveling to
Chicago to play the Cubs and the in-flight time does not exceed 2½
hours.
(8) To the extent reasonably practicable, open days shall be non-
travel days, except as permitted in paragraph (9), below.
(9) An open day shall be scheduled for or following travel from
cities in the Pacific time zone to cities in the Eastern time zone
except that the Commissioner may schedule not more than seven (7)
games per championship season in each League with a starting time
after 7 P.M. in the Eastern time zone which include a Club that the
day before played a game scheduled to start prior to 5 P.M. in the
Pacific time zone. In any championship season, however, no Club
may be scheduled to play more than one (1) game in the Eastern
time zone the day after it has played a game in the Pacific time zone.
(10) No Club shall be scheduled, or rescheduled if practicable, to
play more than 20 consecutive dates without an open day, or 21 con-
secutive dates if necessary to accommodate the Hall of Fame Game.
A rained-out game may be rescheduled to an open date in the same
series, or to an open date at the end of the same series, if (a) the open
date is a road off-day for the visiting Club, and (b) the rescheduling
does not result in the home team playing more than 24 consecutive
dates without an open day, or 25 consecutive dates if necessary to
accommodate the Hall of Fame Game.
(11) Commencing with its second scheduled championship sea-
son game, a Club shall not be scheduled for more than two open
days in any seven-day period. No Club may be scheduled to have
more than ten open days prior to the All-Star Game. For purposes of
this Article V(C)(11), a Club will not be credited with an open day
for any day of the championship season that precedes the Club’s
first scheduled game.
(12) Home games which are scheduled or rescheduled away
from the park of the home Club shall be considered road games for
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the purposes of Players’ meal and tip allowances, hotel accommo-
dations and transportation.
(13) Doubleheaders shall not be scheduled on consecutive dates
in the original schedule.
(14) Twi-night doubleheaders will be limited in the original
schedule to three per home Club per season. A twi-night double-
header will not be scheduled on a getaway day.
(15) Only postponed, suspended and tied games shall be
rescheduled, except as may be required to accommodate network
television commitments or to comply with stadium leases, in any of
which events the rescheduling rules set forth in this Article V shall
apply; provided, however, that any game may be rescheduled for
any reason if as rescheduled it conforms to the rules governing the
original schedule.
(16) Club championship season games shall not be played dur-
ing the All-Star break. Further, any workout scheduled by a Club for
the day following the All-Star Game shall be voluntary. No game on
the Sunday night prior to the All-Star Game shall be played in a
location more than one time zone from the location of that year’s
All-Star Game and no Club shall be scheduled to play the Sunday
night prior to the All-Star Game more than once during the term of
this Agreement, except as shall be necessary to fulfill existing con-
tractual or promotional commitments to ESPN; provided further,
however, that in no circumstance shall a Club be required to play in
two consecutive years in such game, or be required to play more
than twice during the term of this Agreement.
(17) With respect to the rescheduling of any game, except for
games rescheduled as split doubleheaders as set forth in Section
C(1), any scheduling or rescheduling rule set forth in this Article V
may be waived by the secret ballot vote of a majority of the Players
on the Club(s) that would be in violation of the rule. Separate votes
shall be required with regard to each game for which a waiver is
sought. A waiver granted pursuant to this provision, as well as a
waiver granted by the Association pursuant to Section C(1), shall
not constitute a precedent with regard to future waiver requests.
With respect to the rescheduling of any such game, and all games
rescheduled pursuant to Section C(1), the Club(s) shall consult with
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the Association concerning the actual date and time of such resched-
uled game. The Club(s) shall use best efforts to notify the Associa-
tion in advance of notifying the Players on the Club(s) affected.
D. Interleague Play
Each Club may be scheduled to play up to 18 Interleague games dur-
ing each championship season. In each Interleague game at an Ameri-
can League park, the Designated Hitter shall be used; at each
Interleague game at a National League park, the Designated Hitter
shall not be used.
ARTICLE VI—Salaries
Individual Player salaries shall be those as agreed upon between a
Player and a Club, as evidenced by the execution of a Uniform Play-
er’s Contract, subject to the following:
A. Definition of Salary
The term “salary” for the purposes of interpretation and application of
the maximum salary cut, contract tender, signing and renewal rules
shall be determined by applying the following principles:
(1) Multi-year contract providing for current salary only (no up-
front payment or deferred compensation)
(a) If the annual salary payment schedule satisfies the maxi-
mum salary cut rule, the salary specified for the last year of the
contract shall be the base for applying the maximum salary cut
rule to the year following the expiration of the contract.
(b) If the annual salary payment schedule does not satisfy the
maximum salary cut rule, that rule shall not be applicable during
the term of the contract and the aggregate salary payment pro-
vided by the contract shall be averaged and the average annual
salary shall be the base for applying the maximum salary cut rule
to the year following the contract’s expiration.
18485 • MLB: Coll. Barg. (TEXT) • Major League Baseball • PU 6640 + email •
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(2) Multi-year contract including up-front payments and/or
deferred compensation which are specifically allocated to one or
more years of the contract
Treat as in (1) above with the allocated up-front or deferred
amounts included as specified as part of the salary for each year.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
(c) the value of individual property rights granted to a Player
by a Club;
(d) any compensation for post-active Major League Baseball
playing career employment;
(e) other payments not specifically made for performance as a
Major League Baseball Player;
provided that any amounts payable upon the occurrence of a spe-
cific event or events shall not be included in the definition of
“salary” if such event or events fail to occur within the specified
period.
(7) Disputes
In the event of a dispute regarding a contract tender, signing or
renewal with respect to any form of additional compensation
referred to in paragraph (6) above, either the Player or Club may
file a Grievance in order to obtain a determination with respect
thereto as the exclusive means of resolving such dispute, and both
parties shall be bound by the resulting decision. The contract ten-
der, signing or renewal shall be altered as necessary to conform
to the decision, and such tender, signing or renewal shall remain
valid.
B. Minimum Salary
(1) The minimum rate of payment to a Player for each day of
service on a Major League Club shall be as follows:
2007—at the rate per season of $380,000;
2008—at the rate per season of $390,000;
2009—at the rate per season of $400,000;
2010—at the rate per season of $400,000;
2011—at the 2010 rate per season plus a cost of living adjust-
ment, rounded to the nearest $500, provided that the cost of liv-
ing adjustment shall not reduce the minimum salary below
$400,000.
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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 Major
League contract) or a subsequent Major League contract, or (b) hav-
ing at least one day of Major League service, the minimum salary
shall be as follows:
(i) for Major League service—at a rate not less than the Major
League minimum salary;
(ii) for Minor League service—at a rate not less than the fol-
lowing:
2007—at the rate per season of $60,000;
2008—at the rate per season of $62,500;
2009—at the rate per season of $65,000;
2010—at the rate per season of $65,000;
2011—at the 2010 rate per season plus a cost of living
adjustment, rounded to the nearest $100, provided that the cost
of living adjustment shall not reduce the minimum salary
below $65,000.
(3) For all Players signing a first Major League contract who are
not covered by paragraph (2) above, the minimum salary for Minor
League service shall be as follows:
2007—at the rate per season of $30,000;
2008—at the rate per season of $31,250;
2009—at the rate per season of $32,500;
2010—at the rate per season of $32,500;
2011—at the 2010 rate per season plus a cost of living adjust-
ment, rounded to the nearest $100, provided that the cost of liv-
ing adjustment shall not reduce the minimum salary below
$32,500.
(4) (a) Cost of living adjustments for the Major League minimum
salary described above in paragraph (1) shall be computed as fol-
lows: To determine the 2011 salary rate, $400,000 shall be multi-
plied by a fraction, the numerator of which is the Consumer Price
Index for Urban Wage Earners and Clerical Workers published by
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
the Bureau of Labor Statistics (CPIW) for November 2010 and the
denominator of which is the CPIW for November 2008.
(b) Cost of living adjustments for the split minimum salary
for Minor League service described above in paragraph (2) shall
be computed as follows: To determine the 2011 salary rate,
$65,000 shall be multiplied by a fraction, the numerator of which
is the CPIW for November 2010 and the denominator of which is
the CPIW for November 2008.
(c) Cost of living adjustments for the Minor League mini-
mum salary described above in paragraph (3) shall be computed
as follows: To determine the 2011 salary rate, $32,500 shall be
multiplied by a fraction, the numerator of which is the CPIW for
November 2010 and the denominator of which is the CPIW for
November 2008.
(See Attachment 31.)
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excess of 40% of his previous year’s salary. For the purposes of this
section, the “salary” of a Player with a salary stipulated in paragraph
2 of his Major League contract of less than the then applicable
Major League minimum salary shall be deemed to be the greater of
either (a) the total amount of his actual baseball salary earnings
from Major League Clubs (and from Minor League clubs if any) in
that season or (b) the amount stipulated in paragraph 2 of his Major
League contract for that season.
(2) The term “salary” shall include any salary amounts which
were not paid to a Player for the season by reason of any fine or sus-
pension which may have been imposed on the Player, or by reason
of any other deduction from salary.
F. Salary Arbitration
The following salary arbitration procedure shall be applicable:
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days of service accumulated during the immediately preceding sea-
son. If two or more Players are tied in ranking, ties shall be broken
consecutively based on the number of days of service accumulated
in each of the immediately preceding seasons. If the Players remain
tied, the final tiebreaker will be by lot.
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earned performance bonuses (and at least 70% of his salary
and earned performance bonuses two years previous), the pro-
visions of Section A(5) above notwithstanding. This exception
shall not be used by any party, or considered by any salary
arbitrator, in support of, or in opposition to, any argument
regarding the evaluation of Player contracts.
(ii) A Club may submit a salary arbitration figure without
regard to the provisions of Section D above if the figure sub-
mitted is with respect to a Player who, in the immediately pre-
ceding year, won a salary arbitration which increased the
Player’s prior year’s salary by in excess of 50%.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
of the two figures submitted. There shall be no opinion. There shall
be no release of the arbitration award by the arbitration panel except
to the Club, the Player, the Association and the LRD. The panel
chair shall initially inform the Association and the LRD of the award
only and not how the panel members voted. The panel chair shall
disclose to the Association and the LRD the individual votes of the
panel members on each March 15 following the February hearings.
The panel chair shall insert the figure awarded in paragraph 2 of the
duplicate Uniform Player’s Contracts delivered at the hearing and
shall forward both copies to the Office of the Commissioner.
(8) Location of Hearings. The single hearing site for each year
will be agreed upon by the parties with preference being given to
either Los Angeles, Tampa/Orlando, or Phoenix.
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rebuttal and summation. The aforesaid time limitations may be
extended by the arbitration panel in the event of lengthy cross-
examination of witnesses, or for other good cause.
(11) Hearing Costs. The Player and Club shall divide equally
the costs of the hearing, and each shall be responsible for his own
expenses and those of his counsel or other representatives.
(12) Criteria
(a) The criteria will be the quality of the Player’s contribution
to his Club during the past season (including but not limited to his
overall performance, special qualities of leadership and public
appeal), the length and consistency of his career contribution, the
record of the Player’s past compensation, comparative baseball
salaries (see paragraph (13) below for confidential salary data),
the existence of any physical or mental defects on the part of the
Player, and the recent performance record of the Club including
but not limited to its League standing and attendance as an indi-
cation of public acceptance (subject to the exclusion stated in
subparagraph (b)(i) below). Any evidence may be submitted
which is relevant to the above criteria, and the arbitration panel
shall assign such weight to the evidence as shall appear appro-
priate under the circumstances. The arbitration panel shall,
except for a Player with five or more years of Major League serv-
ice, give particular attention, for comparative salary purposes, to
the contracts of Players with Major League service not exceeding
one annual service group above the Player’s annual service
group. This shall not limit the ability of a Player or his represen-
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tative, because of special accomplishment, to argue the equal rel-
evance of salaries of Players without regard to service, and the
arbitration panel shall give whatever weight to such argument as
is deemed appropriate.
(b) Evidence of the following shall not be admissible:
(i) The financial position of the Player and the Club;
(ii) Press comments, testimonials or similar material bear-
ing on the performance of either the Player or the Club, except
that recognized annual Player awards for playing excellence
shall not be excluded;
(iii) Offers made by either Player or Club prior to arbitra-
tion;
(iv) The cost to the parties of their representatives, attor-
neys, etc.;
(v) Salaries in other sports or occupations.
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ARTICLE VII—Expenses and Expense Allowances
A. Transportation and Travel Expenses
Each Club shall pay the following expenses of Players:
(1) All proper and necessary traveling expenses of Players while
“abroad,” or traveling with the Club in other cities, including board,
and first-class jet air and hotel accommodations, if practicable.
Each Club shall give written notice to the team’s Player Repre-
sentative and the Association, prior to December 1 of each year, of
the in-season hotels the Club intends to utilize during the next suc-
ceeding season.
On regularly scheduled commercial flights, when first-class
accommodations cannot practicably be provided and Players travel
in the coach section, the Club shall provide three seats for each two
Players and first-class meals.
During the championship season, including travel to the first
game of such season, no Club, absent extraordinary circumstances
that make travel by plane impossible, may travel by bus between
games if the distance between the two cities is, by the most direct
highway route, more than 200 miles (one way).
(2) First-class jet air fare and meals en route, of Players to their
homes at the end of the season, regardless of where the Club fin-
ished its season. If the Club finishes its season “abroad” and appro-
priate transportation is not provided back to the Club’s home city,
any Player who elects to return home via the Club’s home city shall
be paid an amount equal to the first-class jet air fare and meals en
route back to the Club’s home city plus the first-class jet air fare and
meals en route from the Club’s home city to the Player’s home. A
Player who has more than one home shall receive payment based on
the home to which he actually travels.
(3) All necessary traveling expenses, including first-class jet air
fare and meals en route, of Players from their homes to the spring
training place of the Club, whether they are ordered to go there
directly or by way of the home city of the Club. A Player who has
more than one home shall receive payment based on the home from
which he actually travels.
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(4) In the case of assignment of a Player’s contract during the
championship season or during spring training, all traveling expens-
es, including first-class jet air fare and meals en route, of the Player
as may be necessary to enable him to report to the assignee Club.
The Club shall also reimburse the Player for all travel expenses,
including first-class jet air fare and meals en route, for the Player’s
wife for one assignment during the championship season. Such
expenses may not be claimed by the Player as part of his moving
expenses under Article VIII(C), unless not paid under this provision.
A Club may offset such expenses against any moving allowance
provided pursuant to Article VIII(A).
(5) In the case of termination by the Club of a Player’s contract
during the championship season or during spring training, reason-
able traveling expenses, including first-class jet air fare and meals
en route, to the Player’s home city.
(6) In the event a Player is required to attend a regularly sched-
uled military encampment of the Reserve of the Armed Forces or of
the National Guard during the championship season or during
spring training, the Player’s air fare to and from the encampment.
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cost of living adjustment rounded to the nearest $.50, provided,
however, that the cost of living adjustment shall not reduce the daily
allowance below $85.00.
(4) Cost of living adjustments shall be computed as follows.
(a) To determine the allowance figure effective for the 2008
season, the 2007 base allowance figure provided by this Agree-
ment shall be multiplied by a fraction, the numerator of which is
the Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPIW) published by the Bureau of Labor Statistics for
November 2007 and the denominator of which is the CPIW for
November 2006.
(b) To determine the allowance figure effective for the 2009
season, the allowance figure for the 2008 season, as adjusted,
shall be multiplied by a fraction, the numerator of which is the
CPIW for November 2008 and the denominator of which is the
CPIW for November 2007.
(c) To determine the allowance figure effective for the 2010
season, the allowance figure for the 2009 season, as adjusted,
shall be multiplied by a fraction, the numerator of which is the
CPIW for November 2009 and the denominator of which is the
CPIW for November 2008.
(d) To determine the allowance figure effective for the 2011
season, the allowance figure for the 2010 season, as adjusted,
shall be multiplied by a fraction, the numerator of which is the
CPIW for November 2010 and the denominator of which is the
CPIW for November 2009. (See Attachment 31.)
(5) A disabled Player who is not traveling with his Club on the
road shall receive:
(a) the full allowance if he is residing at a hotel or motel in
either the metropolitan area of the Club, or one to which the Play-
er has gone at the request of the Club;
(b) no allowance if he is residing at his in-season residence or
permanent residence in the metropolitan area of the Club, which
residence is not a hotel or motel; and
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(c) no allowance if he is in a hospital or is residing at his per-
manent residence located outside the metropolitan area of the
Club.
(6) To the maximum extent possible, each Club shall provide the
daily allowance pursuant to an accountable plan whereby to the
maximum extent possible the daily allowance will be excluded from
a Player’s gross income.
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(3) A Player living away from the Club’s spring training head-
quarters shall receive a room allowance of $25.00 per day. Where
the Club owns facilities which are considered the equivalent of first-
class hotel accommodations (such as the Los Angeles Dodgers’
facility in Vero Beach), the Club shall pay a daily room allowance
of $15.00.
(4) Cost of living adjustments shall be computed as set forth in
Section B(4) above.
(5) To the maximum extent possible, each Club shall provide
spring training allowances pursuant to an accountable plan whereby
to the maximum extent possible such allowances will be excluded
from a Player’s gross income.
E. All-Star Game
A Player who is a member of his League’s All-Star team shall, in addi-
tion to being reimbursed in accordance with past practice, be reim-
bursed by the Office of the Commissioner for the first-class jet air fare
to and from the site of the All-Star Game for one guest from the guest’s
place of residence, and for hotel accommodations for a maximum of
three days for such guest.
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(b) he had no Major League service (or his entire Major
League service is only after the preceding August 31) and is on a
Major League Club’s opening day roster, or
(c) his contract is assigned by a Major League Club to anoth-
er Major League Club during the championship season or after
the sixteenth day prior to the start of the championship season.
(2) A Player entitled to receive the in-season supplemental
allowance shall be treated by the assignee Club as if he were on the
road for each of the first seven days of the assignment in the
assignee Club’s home city, to include the assignee Club providing
the Player with first-class hotel accommodations and the full daily
meal and tip allowance described in paragraphs (3) and (4) of Sec-
tion B for this period. If this entitlement arises under paragraph
(1)(a) or (b) above, first-class hotel accommodations shall be pro-
vided at the Club’s expense or an allowance for housing expenses,
not to exceed the first-class hotel accommodations rate, shall be pro-
vided to the Player in advance on a daily basis, as long as the Play-
er incurs actual housing expenses.
(3) This in-season supplemental allowance shall be provided
automatically to such a Player in advance (a) at the time of the
assignment for assignments between Major League Clubs, and (b)
on a daily basis if the entitlement arises under paragraph 1(a) or (b)
above.
Clubs shall, by the fifth day after the end of each month of the
championship season, provide the Players Association with a list of
the Players who were paid the in-season supplemental allowance
during the preceding month and the amount of each allowance.
(4) This Section F shall apply to each such assignment made
during a championship season. For a covered assignment from a
Minor League club to a Major League Club made during the off-
season, the Player shall be entitled to the benefits provided by this
Section F only for the days he serves on a Major League Club’s
active roster before his contract is reassigned to a Minor League
club.
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ARTICLE VIII—Moving Allowances
A. If a Player’s contract is assigned by a Major League Club to anoth-
er Major League Club during the championship season, the assignee
Club shall pay the Player, for all moving and other expenses resulting
from such assignment, the sum of $850 if the distance between the
home ballparks of the assignor and assignee Clubs is 1,000 air miles or
less; the sum of $1,150 if the distance between the home ballparks of
the assignor and assignee Clubs is greater than 1,000 but less than
2,000 air miles; and the sum of $1,450 if the distance between the
home ballparks of the assignor and assignee Clubs is equal to or
greater than 2,000 air miles.
This allowance will be paid to the Player automatically at the time of
the assignment.
This advance payment will be credited against the reimbursement for
reasonable and actual moving expenses should the Player elect to
claim such expenses in accordance with the provisions of Section C
below.
B. If a Player is assigned to another Major League Club located with-
in 50 miles of the assignor Club’s home city, the Player shall not
receive any moving allowance under Section A above, subject to the
following exception. If a Player is assigned to another Major League
Club and moves from a residence located further than 25 miles from
the assignee Club’s home ballpark to a residence located closer to, and
within 50 miles of, such ballpark, the Player shall receive the moving
allowance in accordance with Section A above.
C. A Player may elect, within two years after the date of the assign-
ment of his contract, regardless of when his contract is assigned or
whether the assignment is between Major League Clubs or a Major
League Club and a Minor League club, to be reimbursed for (1) the
reasonable and actual moving expenses of the Player and his immedi-
ate family resulting therefrom, including first-class jet air transporta-
tion for the Player and his immediate family; provided that, if the
Player relocates more than one year from the date of the assignment,
the Player must relocate in the assignee Club’s home city and the Play-
er must still be playing for the assignee Club at the time he incurs such
expenses and (2) all rental payments for living quarters in the city from
which he is transferred (and/or spring training location, if applicable),
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for which he is legally obligated after the date of assignment and for
which he is not otherwise reimbursed. Such rental payments shall not
include any period beyond the end of a season or prior to the start of
spring training. The Club paying reimbursement for rent shall have use
and/or the right to rent such living quarters for the period covered by
the rental reimbursement.
In the event a Player is required to report to a Major League Club from
a Minor League club in any year on or after September 1, the forego-
ing paragraph shall not apply.
Reimbursement shall be made by the assignee Club, except, should a
Player’s Contract be assigned from a Major League Club to a Minor
League club, reimbursement shall be made by the assignor Major
League Club.
B. Spring Training
A Player whose Contract is terminated by a Club under paragraph
7(b)(2) of the Uniform Player’s Contract for failure to exhibit suffi-
cient skill or competitive ability shall be entitled to receive termination
pay from the Club in an amount equal to thirty (30) days’ payment at
the rate stipulated in paragraph 2 of his Contract, if the termination
occurs during spring training but on or before the 16th day prior to the
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start of the championship season. If the termination occurs during
spring training, but subsequent to the 16th day prior to the start of the
championship season, the Player’s termination pay shall be in an
amount equal to forty-five (45) days’ payment at the rate stipulated in
paragraph 2 of his Contract.
C. In-Season
A Player whose Contract is terminated by a Club during the champi-
onship season under paragraph 7(b)(2) of the Uniform Player’s Con-
tract for failure to exhibit sufficient skill or competitive ability shall be
entitled to receive termination pay from the Club in an amount equal
to the unpaid balance of the full salary stipulated in paragraph 2 of his
Contract for that season.
D. Split Contracts
In the case of a Player who signs a Major League Contract which sets
forth a separate rate of pay for Minor League service, the rate of pay
to be utilized in calculating termination pay under the preceding Sec-
tions A, B and C shall be:
(1) the Minor League rate, if the termination occurs in the off-
season;
(2) the Minor League rate, if the termination occurs during
spring training, but on or before the 16th day prior to the start of the
championship season;
(3) the Major League rate, if the termination occurs during
spring training, but subsequent to the 16th day prior to the start of
the championship season;
(4) the Minor League rate, if the termination occurs during the
season and the Player is, at the time of termination, in the Minor
Leagues; and the Major League rate, if the termination occurs dur-
ing the season and the Player is, at the time of termination, in the
Major Leagues. In the application of this subparagraph (4), a Play-
er’s Contract may not be assigned to the Minor Leagues for the pur-
pose of reducing the Player’s termination pay.
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Notwithstanding the above, a Player whose Contract is not assignable
to the Minor Leagues without his consent, or a Player selected by a
Major League Club in the immediately preceding Rule 5 draft, shall be
entitled to receive termination pay at the Major League rate unless ter-
minated during the championship season at a time when his Contract
is under assignment to the Minor Leagues.
E. Injury
If a Player’s Contract is terminated by a Club by reason of the Player’s
failure to render his services due to a disability resulting directly from
injury sustained in the course and within the scope of his employment
under the Contract, and notice is received by the Club in accordance
with Regulation 2 of the Uniform Player’s Contract, the Player shall be
entitled to receive from the Club the unpaid balance of the full salary
for the year in which the injury was sustained, less all workers’ com-
pensation payments received by the Player as compensation for loss of
income for the specific period for which the Club is compensating him
in full.
F. Non-Duplication
The foregoing provisions of this Article IX shall be applied regardless
of the number of times a Player may be released during a year, subject
to the following limitations:
(1) The maximum amount of termination pay that a Player shall
be entitled to receive for any year shall not exceed the amount by
which:
(a) the salary stipulated in the Player’s original Contract for
such year exceeds
(b) the aggregate amount which the Player earns during that
year from any Club or Clubs, including any amounts deferred to
later years, calculated at present value, and bonuses.
(2) In the event a released Player refuses to accept a reasonable
Major League Contract offered by a Club other than the Club which
released him, such Player shall forfeit that portion of the termination
pay that would not have been payable if such Contract had been
accepted.
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ARTICLE X—World Series, League Championship Series
and Division Series Players’ Pool
A. Creation of Pool
One Players’ pool shall be created from the World Series, the two
League Championship Series and the four Division Series. Contribu-
tions shall be made into the pool as follows:
(1) 60% of the total gate receipts from the first 4 World Series
games;
(2) 60% of the total gate receipts from the first 4 games of each
League Championship Series; and
(3) 60% of the total gate receipts from the first 3 games (4 if the
Division Series is expanded to the best of 7 games) of each Division
Series.
B. Distribution of Pool
The Players’ pool shall be distributed to the Players, by Club, as
follows:
World Series Winner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36%
World Series Loser. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24%
League Championship Series Losers (2). . . . . . . . . . . . . . . 24%
Division Series Losers (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12%
Non-Wild Card Second Place Teams (4). . . . . . . . . . . . . . . . 4%
Distribution of the Players’ pool shall be made to the Players within 30
days after the completion of the World Series, unless for good cause
the Parties agree to extend the period.
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of the Player Representative, the field manager may be present during
the remainder of the meeting, or any part thereof. The vote of the Play-
ers shall not be subject to alteration, except as may be required to con-
form to the Major League Rules.
Non-uniformed personnel of a Club shall not be eligible to receive a
percentage share of the Players’ pool, but shall be eligible to receive
cash awards of defined dollar value, provided that no cash award may
exceed the value of a full share.
D. Guarantee of Pool
(1) To the extent, if any, that the Players’ pool provides a total of
less than $2,416,450 for the World Series winner, the amount to be
distributed to such winner shall be increased to $2,416,450. To the
extent, if any, that the Players’ pool provides a total of less than
$1,611,000 for the World Series loser, the amount to be distributed
to such loser shall be increased to $1,611,000.
(2) To the extent, if any, that the Players’ pool provides a total of
less than $1,611,000 for both League Championship Series losers
($850,500 each), the amount to be distributed to such losers shall be
increased to $1,611,000 ($850,500 each).
(3) To the extent, if any, that the Players’ pool provides a total of
less than $644,400 for the Division Series losers, the total amount to
be distributed to such Division Series losers shall be increased to
$644,400.
(4) To the extent, if any, that the Players’ pool provides a total of
less than $161,100 for the non-Wild Card second place teams in
each division, the total amount to be distributed to such non-Wild
Card second place teams shall be increased to $161,100.
(5) If, during the term of this Agreement, the Clubs raise World
Series ticket prices, the guarantees set forth in the above paragraphs
(1), (2), (3) and (4) shall be increased a pro rata amount, such
amount established by averaging the percentage increase of a box
seat ticket and the percentage increase of a reserved seat ticket and
increasing each guarantee by such percentage.
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ARTICLE XI—Grievance Procedure
For the purpose of providing an orderly and expeditious procedure for
the handling and resolving of certain grievances and complaints, as
hereinafter provided, the following shall apply as the exclusive reme-
dy of the Parties.
A. Definitions
As used herein, the following terms shall have the meanings indicated:
(1) (a) “Grievance” shall mean a complaint which involves the
existence or interpretation of, or compliance with, any agreement,
or any provision of any agreement, between the Association and the
Clubs or any of them, or between a Player and a Club, except that
disputes relating to the following agreements between the Associa-
tion and the Clubs shall not be subject to the Grievance Procedure
set forth herein:
(i) The Major League Baseball Players Benefit Plan;
(ii) The Agreement Re Major League Baseball Players
Benefit Plan;
(iii) The Agreement regarding dues check-off.
Any procedures or remedies available to the Parties for the resolution
of disputes arising under said agreements that were available as of their
respective execution dates shall continue to be available and not be
altered or abridged in any way as a result of this Basic Agreement
between the Association and the Clubs.
(b) Notwithstanding the definition of “Grievance” set forth in
subparagraph (a) above, “Grievance” shall not mean a complaint
which involves action taken with respect to a Player or Players by
the Commissioner involving the preservation of the integrity of,
or the maintenance of public confidence in, the game of baseball.
Within 30 days of the date of the action taken, such complaint
shall be presented to the Commissioner who promptly shall con-
duct a hearing in accordance with the Rules of Procedure
attached hereto as Appendix A. The Commissioner shall render a
written decision as soon as practicable following the conclusion
of such hearing. The Commissioner’s decision shall constitute
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full, final and complete disposition of such complaint, and shall
have the same effect as a Grievance decision of the Arbitration
Panel. In the event a matter filed as a Grievance in accordance
with the procedure hereinafter provided in Section B gives rise to
issues involving the integrity of, or public confidence in, the
game of baseball, the Commissioner may, at any stage of its pro-
cessing, order that the matter be withdrawn from such procedure
and thereafter be processed in accordance with the procedure
provided above in this subparagraph (b). The order of the Com-
missioner withdrawing such matter shall constitute a final deter-
mination of the procedure to be followed for the exclusive and
complete disposition of such matter, and such order shall have the
same effect as a Grievance decision of the Arbitration Panel. (See
also Attachment 2.)
The Association may reopen this Agreement, with reference sole-
ly to Section A(1)(b) and Section C of this Article, upon the giv-
ing of 10 days’ written notice at any time, based upon experience
under the aforesaid Sections which, in its opinion, is unsatisfac-
tory.
Any reopening notice served by the Association, in accordance
with the foregoing, will be based only on actual experience with
the operation of such Sections in the processing of grievances or
complaints and such reopening cannot occur unless there is actu-
al experience under such Sections.
Also, in the event that the incumbent Vice President, On-Field
Operations or the incumbent Executive Vice President, Adminis-
tration leaves that Office, the Association may reopen this Agree-
ment, with reference solely to Section C of this Article as it
affects the role of the Vice President, On-Field Operations or the
Executive Vice President, Administration, upon the giving of 10
days’ written notice.
(c) Notwithstanding the definition of “Grievance” set forth in
subparagraph (a) above, “Grievance” shall not mean a complaint
or dispute which involves the interpretation or application of, or
compliance with the provisions of the first sentence of paragraph
3(c) of the Uniform Player’s Contract. However, nothing herein
shall alter or abridge the rights of the Parties, or any of them, to
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resort to a court of law for the resolution of such complaint or dis-
pute.
Anything in the Grievance Procedure provided for in the Basic
Agreement to the contrary notwithstanding, complaints or dis-
putes as to any rights of the Players or the Clubs with respect to
the sale or proceeds of sale of radio or television broadcasting
rights in any baseball games by any kind or method of transmis-
sion, dissemination or reception shall not be subject to said
Grievance Procedure. However, nothing herein or in the Griev-
ance Procedure shall alter or abridge the rights of the Parties, or
any of them, to resort to a court of law for the resolution of such
complaint or dispute.
The reference herein to the above types of complaints or disputes
shall not be deemed to define exclusively the types of complaints
or disputes which are not subject to said Grievance Procedure.
(2) “League” shall mean The American League of Professional
Baseball Clubs or The National League of Professional Baseball
Clubs.
(3) “Commissioner” shall mean the person holding the office of
Commissioner of Baseball as defined in the Major League Consti-
tution.
(4) “Player” or “Players” shall mean a Player or Players on the
active roster of a Major League Club or on a disabled, restricted,
disqualified, ineligible, suspended or military list of a Major League
Club. The term “Player” shall also include a former Player or Play-
ers who have a grievance or complaint arising by reason of their for-
mer status as a Player as defined in the preceding sentence.
(5) “Club” or “Clubs” shall mean a Club or Clubs with member-
ship in a League.
(6) “Association” shall mean the Major League Baseball Players
Association.
(7) “Labor Relations Department” or “LRD” shall mean the
Major League Baseball Labor Relations Department established by
the Clubs, or any department of the Commissioner’s Office that
assumes on behalf of the Commissioner the responsibilities former-
ly held by the Major League Baseball Player Relations Committee.
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(8) “Grievant” shall mean a party who initiates or appeals a
Grievance.
(9) “Arbitration Panel” shall mean the impartial arbitrator or,
where either Party elects in advance of the opening of the hearing in
a matter, a tripartite panel so empowered and composed of the
impartial arbitrator and two party arbitrators, one appointed by the
Association, the other appointed by the LRD. The impartial arbitra-
tor, who shall in all instances be designated as the Panel Chair, shall
be appointed by agreement of the Association and the LRD. In the
event the Association and the LRD are unable to agree upon the
appointment of the impartial arbitrator, they jointly shall request
that the American Arbitration Association furnish them a list of
prominent, professional arbitrators. Upon receipt of said list, they
shall alternate in striking names from the list until only one remains.
The arbitrator whose name remains shall be deemed appointed as
the impartial arbitrator.
At any time during the term of this Agreement either the Associa-
tion or the LRD may terminate the appointment of the impartial
arbitrator by serving written notice upon him and the other Party;
provided that no such termination shall in any way impair the
authority of the impartial arbitrator to render awards with respect to
matters fully submitted to him. Within 30 days of any such termi-
nation, the Association and LRD shall either agree upon a successor
impartial arbitrator or select a successor from an American Arbitra-
tion Association list, as set forth above.
Decisions of the Arbitration Panel shall be made by the impartial
arbitrator or, where the panel is tripartite, by majority vote.
(10) “Alternate Panel Chairs” shall mean the two impartial arbi-
trators appointed for cases that cannot be scheduled for hearing by
the Panel Chair within the time limit set forth in Paragraph B below.
Selection and termination of the Alternate Panel Chairs shall be by
the same procedures utilized for selection and termination of the
Panel Chair.
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B. Procedure
Step 1. Any Player who believes that he has a justifiable Grievance
shall first discuss the matter with a representative of his Club desig-
nated to handle such matters, in an attempt to settle it. If the matter is
not resolved as a result of such discussions, a written notice of the
Grievance shall be presented to the Club’s designated representative;
provided, however, that for a Grievance to be considered beyond Step
1, such written notice shall be presented within (a) 45 days from the
date of the occurrence upon which the Grievance is based, or (b) 45
days from the date on which the facts of the matter became known or
reasonably should have become known to the Player, whichever is
later. Within 10 days following receipt of such written notice (within 2
days if disciplinary suspension or a grievance involving Player safety
and health), the Club’s designated representative shall advise the Play-
er in writing of his decision and shall furnish a copy to the Association.
If the decision of the Club is not appealed further within 15 days of its
receipt, the Grievance shall be considered settled on the basis of that
decision and shall not be eligible for further appeal.
Step 2. A Grievance, to be considered in Step 2, shall be appealed in
writing by the Grievant or by the Association to a designated repre-
sentative of the LRD within 15 days following receipt of the Club’s
written decision. Grievances which involve (a) more than one Club, or
(b) a Player who is not under contract to a Club that is party to the
Grievance, may be filed initially in Step 2, provided that written notice
of the Grievance shall be presented to the designated representative of
the LRD within (a) 30 days from the date of the occurrence upon
which the Grievance is based, or (b) 30 days from the date on which
the facts of the matter became known or reasonably should have
become known to the Player, whichever is later. A Grievance appealed
to or filed at Step 2 shall be discussed within 35 days thereafter (with-
in 2 days if disciplinary suspension or a grievance involving Player
safety and health) between representatives of the LRD and representa-
tives of the Association in an attempt to settle it. If both Parties agree,
the Player and Club principals will also participate in the Step 2 meet-
ing. The Parties will attempt to exchange documents in advance of the
Step 2 meeting but the meeting shall occur within 35 days even if doc-
uments have not been exchanged by that date. Within 10 days follow-
ing such meeting (within 2 days if disciplinary suspension or a
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grievance involving Player safety and health), the designated repre-
sentative of the LRD shall advise the Grievant in writing of his deci-
sion and shall furnish a copy to the Association. If the decision of the
LRD representative is not appealed further within 15 days of its
receipt, the Grievance shall be considered settled on the basis of that
decision and shall not be eligible for further appeal.
In a Grievance alleging that the assignment of a Player to a Minor
League club was in violation of Article XIX(C)(1), any party to the
Grievance may request the appointment of a “Medical Expert,”
according to the following procedures.
Within 20 days of receipt of the Notice of Grievance, the Office of the
Commissioner shall provide to the Association all medical records
related to the Grievance (and not previously provided to the Associa-
tion) and any other documents properly requested by the Association.
Within 10 days after receipt of those records, the Grievant may request
appointment of a Medical Expert. (If the Grievance was filed at Step 1,
that date shall be the deadline for an appeal to Step 2.) If the Grievant
does not so request, the Club may request appointment of a Medical
Expert within 15 days after supplying the medical records.
If neither party requests appointment of a Medical Expert, the parties
shall proceed under normal procedures to the Step 2 meeting.
In the event of a proper request, within 10 days the parties shall appoint
a Medical Expert, either by agreement or by randomly (and blindly)
selecting seven specialists in the area of the Player’s alleged injury
from the second medical opinion list contemplated by Article XIII(D),
and then alternately striking names from the list until only one name
remains. As a condition of his appointment, the selected Medical
Expert must agree to testify at the arbitration of the Grievance if called
by a party. Should that physician decline to serve as Medical Expert,
the appointment process shall be repeated from the beginning, with the
declining physician’s name being removed from the pool of specialists
from which the list of seven is selected.
Within 10 days of the appointment of a Medical Expert, the parties
shall arrange to submit to that physician (i) a list of medical questions
for the physician to attempt to answer and (ii) all pertinent medical
records and any other documents that either party believes are relevant
to the submitted questions. The Medical Expert may request addition-
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al documentary information and/or a physical examination (but not an
interview) of the Grievant. Within 30 days from receipt of the parties’
final submission (including the physical examination of the Grievant,
if requested), the Medical Expert shall issue a written report to the par-
ties. The Medical Expert may inform the parties, if no other finding is
appropriate, that he is unable to provide an answer to a question before
him with a reasonable degree of medical certainty. The Medical
Expert, in his discretion, may request a meeting with the parties, by
teleconference or in-person, either before issuance of the Medical
Expert’s written report or within 10 days thereof.
Within 10 days of receipt of the report (or of the meeting with the Med-
ical Expert, if later), the parties shall hold a Step 2 meeting.
If the Grievance proceeds to arbitration, the Medical Expert’s written
report shall be admissible in the arbitration; provided, however, that
the Arbitration Panel shall give the report such weight as it deems
appropriate and in no event shall the Medical Expert’s opinion be
deemed dispositive of the Grievance.
All costs associated with retention of a Medical Expert, including fees
and expenses, shall be borne equally by the Association and the Office
of the Commissioner.
Arbitration. Within 15 days following receipt of the Step 2 decision,
the Grievant or the Association may appeal the Grievance in writing to
the Panel Chair for impartial arbitration. The Panel Chair shall set a
time, date and place for hearing the appeal. The Panel Chair shall
attempt to open the hearing within one-year from the filing of the
Grievance (within 5 days of receipt of the notice of appeal if a disci-
plinary suspension or a grievance involving Player safety and health).
If the Panel Chair cannot do so given previously scheduled hearings,
the Panel Chair shall direct that the Grievance be assigned to an Alter-
nate Panel Chair, unless one of the Parties objects. In response to an
objection, the Panel Chair shall select Grievance(s) to be assigned to
particular Alternate Panel Chair(s) so that hearings for all Grievances
will open within one year of filing. A case heard by an Alternate Panel
Chair shall be conducted by a tripartite panel if either Party elects in
advance of the opening of the hearing.
All hearings shall be conducted in accordance with the Rules of Pro-
cedure attached hereto as Appendix A. The Arbitration Panel shall ren-
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der a written decision as soon as practicable following the conclusion
of such hearing (within 5 days if disciplinary suspension or a grievance
involving Player safety and health), and may affirm, modify or reverse
the decision from which the appeal is taken. The decision of the Arbi-
tration Panel shall constitute full, final and complete disposition of the
Grievance appealed to it. A decision of an Alternate Panel Chair shall
not constitute precedent of the Arbitration Panel, but shall have the
same precedential effect as an arbitration decision rendered outside of
this collective bargaining relationship.
With regard to the arbitration of Grievances, the Arbitration Panel shall
have jurisdiction and authority only to determine the existence of or
compliance with, or to interpret or apply agreements or provisions of
agreements between the Association and the Clubs or any of them, or
between individual Players and Clubs. The Arbitration Panel shall not
have jurisdiction or authority to add to, detract from, or alter in any
way the provisions of such agreements.
All costs of arbitration, including the fees and expenses of the impar-
tial arbitrator, shall be borne equally by the parties, provided that each
of the parties shall bear the cost of its own party arbitrator, witnesses,
counsel and the like.
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appeal involves an incident in which three or more Players were
suspended, appeals of (i) a fine equal to or less than $5,000; and/or
(ii) a suspension equal to or less than 3 games for a position player
or relief pitcher or equal to or less than 5 games for a starting pitch-
er, shall be held by video conference; provided, however, that, if the
Player elects, the hearing shall be held in person and in New York if
the Player’s Club is scheduled to be in New York within thirty days
from the date of the appeal, or if the Player makes himself available
in New York during that 30-day period. Such hearing shall be con-
ducted in accordance with the Rules of Procedure attached hereto as
Appendix A. The Executive Vice President, Administration or the
Commissioner, as the case may be, shall render a written decision as
soon as practicable following the conclusion of such hearing, and
may affirm, modify, or revoke the disciplinary action originally
imposed. The decision by the Executive Vice President, Adminis-
tration or the Commissioner, as the case may be, shall constitute
full, final and complete disposition of the complaint and shall have
the same effect as a Grievance decision of the Arbitration Panel.
(2) Notwithstanding the provisions of paragraph (1) above, if
any such discipline imposed upon a Player by the Vice President,
On-Field Operations involves a fine in an amount which exceeds
$5,000 or a suspension exceeding 10 games, any complaint relating
thereto shall be appealable from the decision of the Executive Vice
President, Administration to the Commissioner for determination in
the same manner and with the same effect as provided in paragraph
1(b) of Section A hereof.
(3) The procedure for appeals heard by video conference shall
be subject to review by the Parties after one year of operation under
the procedure.
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became known or reasonably should have become known to the Club,
whichever is later. Within 10 days following receipt of such written
notice, the Player shall advise the Club in writing of his decision and
shall furnish a copy to the LRD. If the decision of the Player is not
appealed further within 15 days of its receipt, the Grievance shall be
considered settled on the basis of that decision and shall not be eligi-
ble for further appeal.
Step 2. A Grievance, to be considered in Step 2, shall be appealed in
writing by the Club or the LRD to the Association within 15 days fol-
lowing receipt of the Player’s written decision. Grievances which
involve (a) more than one Club, (b) more than one Player, or (c) a Play-
er who is not under contract to a Club which is party to the Grievance,
may be filed initially in Step 2, provided that written notice of the
Grievance shall be presented to the Association within (a) 30 days
from the date of the occurrence upon which the Grievance is based, or
(b) 30 days from the date on which the facts of the matter became
known or reasonably should have become known to the Club,
whichever is later. A Grievance appealed to or filed at Step 2 shall be
discussed within 35 days thereafter between representatives of the
LRD and representatives of the Association in an attempt to settle it. If
both Parties agree, the Player and Club principals will also participate
in the Step 2 meeting. The Parties will attempt to exchange documents
in advance of the Step 2 meeting, but the meeting shall occur within 35
days even if documents have not been exchanged by that date. Within
10 days following such meeting, the Association shall advise the LRD
in writing of its decision. If the decision of the Association is not
appealed further within 15 days of its receipt, the Grievance shall be
considered settled on the basis of that decision and shall not be eligi-
ble for further appeal.
Arbitration. Within 15 days following receipt of the Step 2 decision
of the Association, the LRD may appeal the Grievance in writing to the
Panel Chair for impartial arbitration. The procedures to be followed in
arbitration and the jurisdiction of the Arbitration Panel shall be as set
forth in Section B above.
Nothing contained in this Section D shall be deemed to limit or impair
the right of any Club to impose discipline upon a Player or Players or
to take any other action not inconsistent with the Uniform Player’s
Contract or any agreement with the Association to which the Club is a
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Party. Any complaint or dispute which may be a subject for discipline
shall not constitute a proper basis for a Club Grievance under this Sec-
tion D.
F. Miscellaneous
(1) Each of the time limits set forth herein may be extended by
mutual agreement of the parties involved.
(2) If any Grievance is not processed in accordance with the pre-
scribed time limits in any Step, unless an extension of time has been
mutually agreed upon, either party, after notifying the other party of
its intent in writing, may appeal to the next Step.
(3) Any decision which is appealable under this Grievance Pro-
cedure but which is not appealed within the time allowed or within
any time mutually agreed upon by the parties shall constitute a full,
final and complete disposition of the Grievance involved.
(4) In any discussion or hearing provided for in the Grievance
Procedure, a Player may be accompanied by a representative of the
Association who may participate in such discussion or hearing and
represent the Player. In any such discussion or hearing, any other
party may be accompanied by a representative who may participate
in such discussion or hearing and represent such party.
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le 2/7/07 11:34, aaxs le 2/15/07 11:56, aaxs le 3/1/07, crx le 3/2/07 11:24, aaxs le 3/16/07 3:19
aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
G. Survival Following Termination of Basic Agreement
Unless eliminated or modified following an impasse in bargaining,
Article XI shall remain in full force and effect after termination of this
Agreement; provided, however, that disputes arising after the termina-
tion of this Agreement related to the legality or validity of unilateral
changes of terms and conditions of employment following an impasse
in bargaining and any other self-help conduct of the Parties, including
but not limited to, unilateral changes in nonmandatory subjects of bar-
gaining, shall not be subject to Article XI.
ARTICLE XII—Discipline
A. Just Cause
The Parties recognize that a Player may be subjected to disciplinary
action for just cause by his Club, the Vice President, On-Field Opera-
tions or the Commissioner. Therefore, in Grievances regarding disci-
pline, the issue to be resolved shall be whether there has been just
cause for the penalty imposed.
If discipline imposed upon a Player is determined to be improper by
reason of a final decision under this Grievance Procedure, the Player
shall promptly be made whole.
The term “make whole” means:
(1) if a fine is found to have been imposed improperly, the fine
will be promptly repaid;
(2) any salary loss as a result of an improper suspension will be
promptly paid;
(3) in the application of items (1) and (2) above, interest will also
be paid at the rate per annum set forth in Article XV(K) below; and
(4) crediting the Player with performance statistics for the pur-
pose of determining whether a performance level contained in any
special covenant to his Uniform Player’s Contract has been met.
Such credit shall be determined by multiplying the Player’s relevant
average per game statistic while he was on a Club’s Active List for
the current championship season by the number of games for which
the Arbitration Panel determines the Player was improperly sus-
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pended and adding that product to the Player’s year-end total. Such
credit shall not be awarded to a Player for such time that his sus-
pension covers time the Player is on the Disabled List.
B. Notice
Written notice of discipline of a Player (a fine, or suspension, or both)
imposed by the Commissioner of Baseball, the Vice President, On-
Field Operations, or a Club (except for actions arising from participa-
tion in the Winter Leagues) and the reason therefore shall in every case
be given to the Player and the Association.
With respect to discipline imposed upon a Player by the Vice Presi-
dent, On-Field Operations or the Commissioner, the Commissioner
shall immediately give to the Association notice by mail of fines, and
facsimile notice of suspension and of an appeal for a hearing.
C. Discovery
A Player who is disciplined shall have the right to discover, in timely
fashion, all documents and evidence adduced during any investigation
of the charges involved.
D. Compliance
(1) Nothing contained in this Grievance Procedure shall excuse
a Player from prompt compliance with any discipline imposed upon
him.
(2) Club Fines. A fine imposed by a Club pursuant to Regula-
tion 5 of the Uniform Player’s Contract in excess of $2,000 may not
be deducted from the Player’s salary until such fine is finally upheld
in the Grievance Procedure or the time in which to file a Grievance
has expired.
(3) Fines Imposed by the Vice President, On-Field Operations or
Commissioner.
(a) A fine imposed by the Vice President, On-Field Opera-
tions or the Commissioner in excess of $3,000 may not be
deducted from the Player’s salary until such fine is finally upheld
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
in the Grievance Procedure or the time in which to file a Griev-
ance has expired.
(b) The Player’s employing Club is authorized, at the request
of the Vice President, On-Field Operations, or the Commissioner
in the case of a fine imposed by the Commissioner, to deduct the
amount of the fine from the Player’s salary and transmit such sum
to the Commissioner once the fine may be deducted from the
Player’s salary.
E. Investigations
Except where circumstances require expeditious handling, the Player
and the Association shall receive reasonable advance notice of any
investigatory interview with a Player. Where circumstances requiring
expeditious handling are present, the Player and the Association shall
receive as much advance notice as is possible, but in no event shall the
Association receive less notice than the Player. All parties recognize
the right of the Player to be represented at such interview by the Asso-
ciation and counsel of his choice.
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ARTICLE XIII—Safety and Health
A. Safety and Health Advisory Committee
(1) Safety and Health Advisory Committee
The Parties shall establish and maintain a bipartisan Safety and
Health Advisory Committee which shall be comprised of an equal
number of members representing the Association and representing
the Clubs. The purpose of the Committee shall be
(a) to deal with emergency safety and health problems as they
arise, and attempt to find solutions, and
(b) to engage in review of, planning for and maintenance of
safe and healthful working conditions for Players.
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dure that the Safety and Health Advisory Committee procedures be
instituted or exhausted. (See Attachment 4.)
C. Disabled List
Application by a Club to the Commissioner to place a Player on the
Disabled List shall be accompanied by a Standard Form of Diagnosis.
(See Attachment 5.) This Standard Form of Diagnosis shall be com-
pleted by the Club physician and shall include, as a separate item, an
estimated time period for recovery. A copy of the completed Standard
Form will be given to the Player and the Association. The Club physi-
cian will also complete and submit the Standard Form of Diagnosis for
recertification of a Player on the Disabled List at the date when he first
becomes eligible for reinstatement to active status and then every fif-
teen days following the date upon which the Player first became eligi-
ble for reinstatement (except for Players placed on the Emergency
Disabled List).
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outside of the geographic region within which the Player’s Club is
located, provided that the Player is not absent from the Club for an
unreasonable period of time.
If a Player uses the services of a medical specialist who is on the
accepted listing, then the Club shall pay the cost of the “second evalu-
ation,” including transportation and hotel costs.
Expenses for “second evaluations” by medical specialists who are not
on the accepted listing shall be authorized and paid only by prior mutu-
al agreement between the Player and the Club.
(See Attachment 35.)
E. Trainers
Each Club shall employ two trainers on a full-time basis. Both trainers
will travel with the Club on the road; provided, that one trainer may
remain in the Club’s home city if necessary for the Club to fulfill its
obligations to disabled players who do not travel with the Club.
Individuals newly appointed as trainers shall be certified by the
National Athletic Trainers Association (NATA) or the Canadian Ath-
letic Therapists Association (CATA), or shall be physical therapists
licensed by an appropriate state authority.
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(2) A Club physician or trainer treating a Player pursuant to
Regulation 2 of his UPC and any other physician or medical pro-
fessional treating or consulting with a Player pursuant to Regulation
2 of the UPC or Article XIII(D) is authorized to disclose all relevant
medical or health information concerning the Player to (a) the Club
by which the Player is employed, including the Club officials set out
in the Authorization, (b) any entity from which such Club seeks to
procure, or has procured, an insurance policy covering such Player’s
life or any disability, injury or illness such Player may suffer or sus-
tain, (c) subject to Paragraph 6(b)(2) of the UPC, physicians and
officials of a Club contemplating the assignment of the Player’s
UPC, and (d) subject to the terms of paragraph (4) below, the Office
of the Commissioner.
(3) For public relations purposes, a Club may disclose general
information about (a) the nature of a Player’s employment-related
injury, (b) the prognosis and the anticipated length of recovery from
the injury, and (c) the treatment and surgical procedures undertaken
or anticipated in regard to the injury. For any other medical condi-
tion that prevents a Player from rendering services to his Club, a
Club may disclose only the fact that a medical condition is prevent-
ing the Player from rendering services to the Club and the antici-
pated length of the Player’s absence from the Club. A Club
physician or trainer treating a Player pursuant to Regulation 2 of his
UPC and any other physician or medical professional treating or
consulting with a Player pursuant to Regulation 2 or Article XIII(D)
shall be prohibited from making any public disclosure of a Player’s
medical information absent a separate, specific written authoriza-
tion from the Player authorizing such public disclosure.
(4) A Club (and any physician, trainer or other medical profes-
sional treating, or consulting with, a Player pursuant to Regulation
2 of his UPC or Article XIII(D)) shall provide medical or health
information covered by the Authorization to the Office of the Com-
missioner as required by Article XIII(C), Attachment 5 and Major
League Rule 2(g) and, upon written request, when a Player’s med-
ical and/or health condition is at issue in a grievance or a potential
grievance.
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(5) If a Player on a visiting Club receives medical treatment
from the home Club’s physician, a copy of any written medical eval-
uation prepared by the home Club’s physician shall, when author-
ized by the Player, be provided to the Player and his Club’s
physician.
(6) The Office of the Commissioner shall have the right to
develop and implement an Injury Tracking System (“System”); pro-
vided, however, that the System must protect the confidentiality of
Player medical information consistent with this Article XIII(G),
Paragraph 6(b) of the UPC and the Authorization and provided fur-
ther that the Office of the Commissioner shall consult with the
Association during the development of the System and shall not
implement the System until either the Association agrees that such
confidentiality protections are maintained or the Arbitration Panel
issues such a determination.
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ARTICLE XIV—Spring Training Conditions
A. Reporting
No Player shall be required to report for spring training workouts more
than thirty-three (33) days prior to the start of the championship sea-
son, provided that:
(1) injured Players, pitchers and catchers may be invited to
attend spring training workouts no earlier than forty-five (45) days
prior to the start of the championship season; and
(2) all other Players may be invited to attend spring training
workouts no earlier than forty (40) days prior to the start of the
championship season.
ARTICLE XV—Miscellaneous
A. No Discrimination
The Clubs will not interfere with, restrain or coerce Players because of
membership in or lawful activity on behalf of the Association, nor will
they discriminate because of Association activity in regard to hire,
tenure or employment or any term or condition of employment.
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The provisions of this Agreement shall be applied to all Players cov-
ered by this Agreement without regard to race, color, religion or
national origin.
B. Parking Facilities
Each Club shall provide or arrange for appropriate automobile parking
spaces for Players and, to the extent practicable, van and small truck
parking spaces for Players, at its home ballpark on game or practice
days, without cost to the Players.
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throughout the championship season shall be 24. However, if a
reduction below 24 occurs as a result of unforeseen circumstances,
the Club shall, within 48 hours (plus time necessary for the Player
to report), bring its active roster back to a minimum of 24 Players.
The utilization or non-utilization of rights under this paragraph (1)
is an individual matter to be determined solely by each Club for its
own benefit. Clubs shall not act in concert with other Clubs.
(2) The active Player limit set forth in Major League Rule 2(c)
for the period beginning with September 1 and ending with the close
of the championship season shall be 40 for the duration of this
Agreement.
G. Future Expansion
During the term of this Agreement, the Clubs have the right to expand
the number of Major League Clubs by adding up to two (2) new
Expansion Clubs. Notice of a decision to expand by two Clubs shall
promptly be given to the Association and the Association may reopen
this Agreement with reference solely to the effect upon the Players of
such expansion, upon the giving of 10 days’ written notice.
H. Future Contraction
The Office of the Commissioner and/or the Clubs shall not undertake
any centralized effort to reduce the number of Major League Clubs
effective for a season covered by this Agreement; provided, however,
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that nothing in this Article XV(H) shall preclude the owner or owners
of an individual Club from taking action (e.g., bankruptcy) that would
result in the elimination of such Club. (See Attachment 8.)
I. Default Notice
During the term of this Agreement, the right of a Player to terminate
his Uniform Player’s Contract pursuant to the provisions of the first
sentence of paragraph 7(a) of such Contract shall be limited to defaults
or failures to perform which are material in nature; and any notice of
alleged default filed by a Player under paragraph 7(a) of the Uniform
Player’s Contract must be filed with the Club (with a copy to the LRD)
by the Association, in writing, plainly labeled as a default notice.
Should such a material breach on the part of a Club be alleged, the
Club, the Player involved, the LRD and the Association will cooperate
in scheduling the handling of any Grievance brought with respect to
such alleged breach so that such Grievance may be submitted to arbi-
tration on an expedited basis.
J. International Play
(1) Definition
International play is defined as any game or series of games
played by a Club or Clubs (or a group or groups of Players, such as
All-Star squads)
(a) outside the United States and Canada; or
(b) within or without the United States or Canada against a
foreign club or clubs.
Championship season, All-Star, Division Series, League Cham-
pionship Series and World Series games played in the United States
and/or Canada shall not be considered international play.
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played in that city by such franchise shall not be considered inter-
national play.
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The Committee shall be kept informed by the Parties regarding
all contemplated or planned international activities. The Committee
shall meet at least once every calendar quarter (and more frequent-
ly, if circumstances warrant) to discuss efforts in furtherance of the
international development of the sport. At each such meeting, the
Association and the Clubs shall report to each other about their
respective efforts regarding international activities. Further, no later
than September 1 of each calendar year, the Committee shall discuss
and decide upon a plan of international activities, if any, that will be
jointly executed by Players and Clubs during the following year. In
this regard, each of the Co-Chairs of the Committee shall designate
a Co-Operating Officer who shall be responsible for carrying out the
decisions of the Committee.
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K. Interest Rate
A uniform annual interest rate, equal to the total of the prime interest
rate in effect at The J.P. Morgan Chase Bank on the immediately pre-
ceding November 1, plus one percent, rounded to the nearest full per-
centage point, shall be applied with respect to the following matters:
(1) the calculation of the “discounted present value” referred to
in Article VI(A)(4) above, unless the Club and Player mutually
agree otherwise;
(2) the calculation of the “present value” referred to in Article
IX(F)(1)(b) above;
(3) the calculation of the interest referred to in Article XII(A)(3)
above;
(4) the calculation of the “present value” referred to in Article
XVI below.
(See Attachment 3.)
N. All-Star Game
(1) World Series Home Field Advantage
The World Series home field advantage shall be awarded each
year to the team representing the League that prevails in that year’s
All-Star Game. (See Attachment 28.)
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(2) Roster
The roster for each All-Star Game shall be 32 players, with 20
position players and 12 pitchers.
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the selection of additional players shall reside with the managers
of the All-Star teams.
(b) If the All-Star Game is played in a National League ballpark,
the following election and selection process shall apply:
(i) Fans shall elect eight (8) starting position players in the
American League and eight (8) starting position players in the
National League.
(ii) Players on the Active Rosters of the Clubs and the Dis-
abled Lists, as well as managers and coaches, shall elect the next
eight (8) position players, as well as five (5) starting pitchers and
three (3) relief pitchers in each League (the “player selections”),
in balloting to be conducted by the Office of the Commissioner
and Association officials. The voting shall take place by League
only. The balloting shall afford all voters with the opportunity to
designate two players at each starting position, a first choice and
a second choice. Voters are permitted to vote for Players on their
own team.
(iii) Promptly following the conclusion of the balloting, the
managers of the American and National League teams, in con-
sultation with the Commissioner’s Office, shall select seven (7)
players (the “additional players”), of whom four (4) shall be
pitchers. Final authority for the selection of additional players
shall reside with the managers of the All-Star teams.
(c) The last position player on each team will be selected in an
online fan balloting process conducted by MLB.com. The manager
shall select the players to be listed on the online ballot.
(d) In the event a player who is a player selection is unable to
play in the All-Star Game, the priority of substitution shall be the
player balloting, except that the manager of either team may request
permission to deviate from the player balloting and the Office of the
Commissioner and the Association shall consult in good faith with
respect to such request. In the event that a player who is a fan selec-
tion is unable to play in the All-Star Game, the manager shall select
the replacement. The starter at that position, however, shall be a
player selection.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
(e) All teams shall be entitled to be represented in the All-Star
Game. In the event the fan and player balloting does not produce
such representation, the required representation shall come exclu-
sively from the additional players. (See Article XV(N)(4)(a)(iii) and
4(b)(iii) above.)
(f) In online fan balloting conducted by MLB.com, fans shall be
afforded the opportunity to participate in the naming of the All-Star
Game Most Valuable Players (“MVP”). The player selected by the
fans shall receive votes not to exceed one-fourth of the number of
sportswriters casting votes for MVP.
(5) Sunset
Absent a further agreement on the topic, the provisions of this
Article XV(N) shall not survive the expiration of this Agreement.
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Notwithstanding the above funding requirement, each Club shall be
entitled to an annual deductible amount of deferred compensation
which need not be funded. Such deductible amount shall be applied to
the aggregate of Uniform Player’s Contracts executed during a given
Basic Agreement period and shall be in an amount equal to the lesser
of $2,000,000 or the present value of the total deferred compensation
obligations owed by a Club pursuant to Uniform Player’s Contracts
executed during a given Basic Agreement period. The deductible
amount applicable to Uniform Player’s Contracts signed during a
given Basic Agreement period is applied against the Club’s current
aggregate deferred compensation funding obligations from Uniform
Player’s Contracts signed during that Basic Agreement period and not
any particular Uniform Player’s Contract(s).
Unless the Uniform Player’s Contract provides otherwise, a Club may
fund deferred compensation obligations in such manner as it elects;
provided that in all events the funding method used by the Club must
be such that the amount(s) funded are exclusively for the uses and pur-
poses of satisfying the deferred compensation obligation(s) being
funded; provided further that such amount(s) funded are subject to the
claims of the Club’s general creditors; and provided further that each
Club shall certify to the Office of the Commissioner by July 31 of each
year (and the Office of the Commissioner shall provide such certifica-
tions to the Association by September 1 of such year) the manner in
which its deferred compensation obligations that were required to be
funded by July 1 of that year have been funded. In addition, by each
July 31, each Club shall provide to the Office of the Commissioner all
records relating to its deferred compensation funding arrangements,
and the Office of the Commissioner shall supply any such records to
the Association upon request.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
between the Association and the Clubs or any of them for the purpose
of the Grievance Procedure provided for in Article XI hereof.
The following three agreements between the Clubs and the Association
shall not be incorporated as part of this Agreement and shall not be
affected by the adoption of this Agreement:
(a) The Major League Baseball Players Benefit Plan;
(b) The Agreement Re Major League Baseball Players Benefit
Plan; and
(c) The Agreement regarding dues check-off.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
pletion of the next complete succeeding season (including the Division
Series, League Championship Series and World Series) following the
date the change was proposed.
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le 2/7/07 11:34, aaxs le 2/15/07 11:56, aaxs le 3/1/07, crx le 3/2/07 11:24, aaxs le 3/16/07 3:19
aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
and the next following October 15, unless he is returned to a
Major League roster prior to making such election.
The Player shall also be informed in the notice that, within the
3 days after the date of the notice, or 8 days, if during the period
from the close of the championship season to the opening of
spring training, he must advise the Club in writing as to his deci-
sion to consent to the assignment or to elect to become a free
agent. A failure on the part of the Player to respond to the notice
shall constitute a refusal of the assignment. No response from the
Player shall be considered effective until twenty-four hours from
his receipt of the Club’s notice.
(c) A Player who elects to become a free agent under this
paragraph (2) shall immediately be eligible to negotiate and con-
tract with any Club without any restrictions or qualifications.
Such Player shall not be entitled to receive termination pay. Such
a free agent shall receive transportation and travel expenses in the
same manner as he would if he had been unconditionally released
except that he shall be limited to receiving travel expenses to his
new club if he reports to it directly, provided such expenses are
less than to his home city.
(3) Any Player who has a right to refuse the assignment of his
contract under paragraph 2(a) above may grant consent to an assign-
ment of his contract in advance of any specific contemplated assign-
ment if such consent (a) is granted not more than ten (10) days prior
to the start of the championship season for which the consent is
given, (b) is in writing, (c) designates the assignee Club and (d)
requires that the assignment take place within 45 days from the start
of the championship season or the date on which the consent is
granted, whichever is later. The Club shall provide a copy of the
Player’s consent to the Association contemporaneously upon the
Club’s receipt of such consent. No Club shall attempt to secure, by
any Major League terms included in a Minor League Uniform Play-
er Contract, an advance consent to an assignment to a Minor League
club, and any consent so secured shall have no force or effect.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
aaxs le 5/23/07 11:11
B. Assignment to Minor League club
When a Player’s contract is assigned from a Major League Club to a
Minor League club, the rights and benefits of such Player that do, and
do not, follow him to the Minor Leagues shall be in accordance with
past practices. Additionally, such a Player shall retain the right, if any,
to become a free agent, or to require the assignment of his contract,
which he possessed under his then current Major League contract as
provided in Article XX hereof, which right shall not be diminished or
interfered with as a result of such assignment or the signing by the
Player of a Minor League contract, provided that such right shall ter-
minate if and when such Player signs a Minor League contract follow-
ing the time when his free agency rights arise under Article XX.
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le 2/7/07 11:34, aaxs le 2/15/07 11:56, aaxs le 3/1/07, crx le 3/2/07 11:24, aaxs le 3/16/07 3:19
aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
(i) the Player’s Major League Uniform Player’s Contract
does not cover the next succeeding season; and
(ii) the Player, if he otherwise would have been eligible for
salary arbitration as a “Super Two” Player (see Article
VI(F)(1)), may elect free agency under the procedures con-
tained in Article XX(D) in lieu of accepting the assignment;
provided, however, that a Player who accepts the assignment
shall not have a right, by virtue of such acceptance, to elect
free agency following the next succeeding championship sea-
son.
(b) During the period immediately following the filing of
Major League Reserve Lists and before the 15th day prior to the
start of the next championship season, if:
(i) the Player has less than three years of Major League
service;
(ii) the contemplated assignment would not be the Player’s
second (or subsequent) career outright assignment since
March 19, 1990;
(iii) the Player had no Major League service the prior
championship season; and
(iv) the Player was not selected by the assignor Major
League Club in the immediately preceding Rule 5 Draft.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
D. Foreign Assignments
Except for the return of conditional assignments from outside the Unit-
ed States and Canada, the contract of a Player shall not be assigned
otherwise than within the United States and Canada, without the Play-
er’s written consent.
E. Optional Assignments
If a Player is optionally assigned for a total of less than 20 days in one
championship season, such optional assignment(s) shall not count as
an optional assignment in connection with the limitation upon option-
al assignments provided for in Major League Rule 11(c). (See Article
XXI(B).)
For purposes of counting days on option, the date of the optional
assignment shall be counted and the date of recall shall not be count-
ed, provided that the date of recall shall be counted if the recall takes
place after the start of any Minor League game in which the Player was
eligible to play.
F. Waivers
Any assignment of a Player contract must conform to the rules regard-
ing waivers contained in Major League Rule 10.
In addition, each Friday, not later than 3 P.M. E.D.T., the Office of the
Commissioner shall notify the Association, by facsimile transmission,
of all waiver requests and their disposition. Notification shall include:
(1) the date on which the waiver request was made;
(2) the date of expiration of the waiver period;
(3) if the waiver period has expired, whether or not claims were
filed;
(4) if claims are not filed, the period for which waivers have
been granted; and
(5) if claims were filed, whether or not the Club requesting
waivers has withdrawn its request. In the event claims were filed and
the Club requesting waivers has withdrawn its request, the Office of
the Commissioner need not identify the claiming Club or Clubs.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
G. Designated Player
A Player who is in the status of a “designated player” under Major
League Rule 2(k) shall, during the period he is in such status, be
(1) paid at the rate of his Major League salary and
(2) credited with Major League service.
A Club that desires to unconditionally release a Player who is in the
status of a “designated player” under Major League Rule 2(k) shall
request the necessary waivers by 2 P.M. on the eighth day following
such designation; provided, however, that if the eighth day falls on a
non-business day, the Club shall request such waivers not later than
2 P.M. on the next business day.
H. Unconditional Release
Notwithstanding the provisions of Major League Rule 8 and paragraph
7(d) of the Uniform Player’s Contract, the following procedure may be
used to give notice to a Player in connection with his unconditional
release.
At the same time the Club advises a Player in writing that the Club has
requested waivers for the purpose of unconditional release, and the
date on which the waiver request will expire, the Player shall advise
the Club in writing of the address and telephone number to which the
Club should telephone or telegraph notice of termination to the Player
upon the expiration of the waiver period. If the Player fails to supply a
telephone number or address, the Club may use the most recent
address or telephone number the Player has supplied the Club.
Upon the expiration of the waiver period, the Club shall either give
notice to the Player by telephone or by sending a telegraph notice of
termination to the Player. In addition, the Player may make a collect
telephone call to the Club to determine whether his contract has been
claimed.
I. Forms
In any case in which a Player’s consent must be secured prior to the
assignment of his contract (see Article XIX(A)(1), Article XIX(A)(2)(a),
Article XIX(A)(3) and Article XIX(C)(1)) or in which a Player may
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
elect free agency in lieu of accepting the outright assignment of his
contract (see Article XX(D)(1) and (2)), the form given to the Player
must include the Player’s name in typewritten form.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
separately list, also by Club, those players who have not been tendered
a contract for the term of the next year. The Office of the Commis-
sioner, at the time it transmits the Central Tender Letter, shall provide
to the Association addresses for all Players who had been promoted to
the Major League roster for the first time in the preceding November
and for those Players who do not have a certified Player Agent. (See
Attachment 9.)
With the exception of an untimely tender or renewal, any inadvertent
error in the tendering or renewal of a contract shall result in free
agency under paragraph (2)(c) or (2)(d) above, whichever is applica-
ble, only if the Player has first given the Club written notice that the
tendered or renewed Contract does not conform to the requirements of
Article VI of this Agreement and the Club has not retendered or reex-
ercised a renewal in conformance with all applicable rules within
seven (7) days after receipt by the Club of written notice of such
defect. In the event of an untimely tender or renewal, the Player shall
immediately become a free agent under paragraph (2)(c) or (2)(d)
above, whichever is applicable, and the Club shall have no right to cure
such a tender or renewal. (But see Article VI(A)(7).)
A Club may also reserve, under separate headings on a Reserve List,
Players who properly have been placed on the Voluntarily Retired List,
the Military List, the Suspended List, the Restricted List, the Disqual-
ified List or the Ineligible List. (See Attachments 10, 11 and 12.)
B. Free Agency
(1) Eligibility
Following the completion of the term of his Uniform Player’s
Contract, any Player with 6 or more years of Major League service
who has not executed a contract for the next succeeding season shall
be eligible to become a free agent, subject to and in accordance with
the provisions of this Section B.
(2) Procedure
The procedure set forth in this paragraph (2) shall apply to Play-
ers eligible to become free agents pursuant to paragraph (1) above.
Players who otherwise become free agents under this Agreement
shall be eligible to negotiate and contract with any Club without any
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
restrictions or qualifications and the Clubs signing such free agents
shall do so without regard to the quota provision of this Section B.
(a) A Player eligible to become a free agent under paragraph
(1) above may give notice of his election of free agency within
the 15-day period beginning on October 15 (or the day following
the last game of the World Series, whichever is later). Election of
free agency shall be communicated by telephone or any other
method of communication by the Player to the Association. Writ-
ten notice of such election shall then be given within the speci-
fied time limits by the Association, on behalf of the Player, to a
designated representative of the LRD and, effective upon receipt,
the Player shall become a free agent.
(b) During the period beginning on the day the Player
becomes a free agent and ending on the expiration of the free
agency election period as defined above in subparagraph (a), any
Club representative and any free agent or his representative may
talk with each other and discuss the merits of the free agent con-
tracting, when eligible therefor, with the Club; provided, howev-
er, that the Club and the free agent shall not negotiate terms or
contract with each other. The following subjects are among those
which may properly be discussed between any Club and such
Player:
(i) the Player’s interest in playing for the Club, and the
Club’s interest in having the Player play for it;
(ii) the Club’s plans about how it intends to utilize the Play-
er’s services (as a starting pitcher or reliever, as a designated
hitter or not, platooning, etc.);
(iii) the advantages and disadvantages of playing for the
Club including the nature of the organization, the climate of
the city, availability of suitable housing, etc.;
(iv) length of contract;
(v) guarantee provisions; and
(vi) no-trade or limited no-trade provisions.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
Notwithstanding the foregoing, the free agent and his former
Club may engage in negotiations and enter into a contract during
said period. Should they enter into a contract during said period,
the Club shall be deemed not to have signed a free agent for pur-
poses of paragraph (5) of this Section B.
(c) Players who become free agents pursuant to this Section B
shall, upon compliance with the notice provisions of the above
subparagraph (a) and the expiration of the free agency election
period, be eligible to negotiate and contract with any Club, sub-
ject to the provisions of this Section B.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
tion B when a Player accepts salary arbitration pursuant to this
paragraph (3).
(4) Compensation
(a) The former Club of a Player who: (i) became a free agent
under this Section B; and (ii) ranks as a Type A or B Player as
defined below, shall be entitled to receive compensation subject to
the provisions of subparagraph (c) below. Such compensation shall
consist solely of the amateur draft choices described in subpara-
graph (c) below and shall be awarded in the Major League Rule 4
Draft succeeding the Player’s election of free agency.
(b) A Type A or B Player shall be a Player who became a free
agent under this Section and who ranks as a Type A or B Player
under the statistical system of ranking Players set forth in the docu-
ment entitled “A Statistical System for the Ranking of Players,”
using statistics based on a two-year average for each respective
position group.
Type A Players: A Type A Player shall be a Player who ranks in
the upper twenty percent (20%) of his respective position group.
Type B Players: A Type B Player shall be a Player who ranks in
the upper forty percent (40%) but not in the upper twenty percent
(20%) of his respective position group.
(c) A Type A or B Player shall be subject to compensation only
if (i) he signs a contract with another Club prior to December 1; or
(ii) he is offered salary arbitration by his former Club on or before
December 1 pursuant to Section B(3) of this Article XX and signs a
contract with another Club.
For such Type A Players, compensation to the Player’s former
Club shall be an amateur draft choice (“Regular Draft Choice”) of
the signing Club and an added amateur draft choice (“Special Draft
Choice”) in the Major League Rule 4 Draft. For such Type B Play-
ers, compensation to the Player’s former Club shall be a Special
Draft Choice in the Major League Rule 4 Draft.
(d) The Regular Draft Choice of the signing Club described in
subparagraph (c) above shall not include any selection in the Rule 4
Draft awarded as compensation for failure to sign a Rule 4 Draft
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
selection from the preceding year and shall be assigned as follows.
If the signing Club is among the first half of selecting Clubs, exclud-
ing selection(s) awarded as compensation for failing to sign a Rule
4 selection from the preceding year, then the choice to be assigned
for the highest ranking free agent Player signed by such Club shall
be its second choice, with choices in the next following rounds to be
assigned as compensation for the signing of the other Players in
descending order of ranking. If the signing Club is among the sec-
ond half of selecting Clubs, excluding any selection(s) awarded as
compensation for failing to sign a Rule 4 selection from the preced-
ing year, then such compensation shall begin with the Club’s first
choice.
The Special Draft Choices described in subparagraph (c) above
shall be additional draft choices to be made immediately following
the first complete round of the draft and preceding the commence-
ment of the second round. Clubs that have lost a Type A Player shall
receive the first selections, in the reverse order of their won-lost per-
centage in the preceding season. Following these selections, Clubs
that have lost a Type B Player shall receive selections, in reverse
order of their won-lost percentage in the preceding season. Ties
shall be broken by lot.
(5) Quota
(a) Clubs shall be limited in the number of Type A and B Play-
ers, as defined below, they may subsequently sign to contracts. The
number of signings permitted shall be related to the number of Play-
ers electing free agency under this Section B. If there are 14 or less
such Players, no Club may sign more than one Type A or B Player.
If there are from 15 to 38 such Players, no Club may sign more than
two Type A or B Players. If there are from 39 to 62 such Players, no
Club may sign more than three Type A or B Players. If there are
more than 62 such Players, the Club quotas shall be increased
accordingly. There shall be no restrictions on the number of
unranked Players that a Club may sign to contracts.
(b) Irrespective of the provisions of subparagraph (a) above, a
Club shall be eligible to sign at least as many Type A and B Players
as it may have lost through Players having become free agents under
this Section at the close of the season just concluded.
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(6) Miscellaneous
(a) Any Club signing a contract after the expiration of the elec-
tion period with a Player under this Section B may not assign his
contract until after the next June 15. However, notwithstanding the
foregoing, such contract may be assigned for other Player contracts
and/or cash consideration of $50,000 or less prior to the next June
16 if the Player gives written consent to such transaction.
(b) There shall be no restriction or interference with the right of
a free agent to negotiate or contract with any baseball club outside
the structure of organized baseball, nor shall there be any compen-
sation paid for the loss of a free agent except as provided for in this
Section B.
(2) Procedure
(a) Notice. A Player may exercise his right to require the
assignment of his contract by giving notice as hereinafter provid-
ed within the 15-day period beginning on October 15 (or the day
following the last game of the World Series, whichever is later).
Election to require the assignment of his contract shall be com-
municated by telephone or any other method of communication
by the Player to the Association. Written notice thereof shall then
be given within the specified time limits by the Association, on
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
behalf of the Player, to a designated representative of the LRD,
and shall become effective upon receipt.
(b) Player Veto Rights. At the time notice is given as provid-
ed in subparagraph (a) above, the Player may also designate not
more than 6 Clubs that he will not accept as assignee of his con-
tract, and the Player’s Club shall be bound to assign his contract
thereafter to a Club not on such list.
(c) Free Agency if Assignment Not Made. If the Player’s
Club fails to assign his contract, as set forth in this Section C, on
or before March 15, the Player shall become a free agent imme-
diately eligible to negotiate a contract with any Club without any
restrictions or qualifications. The Player shall not be deemed to
have exercised his right to demand a trade, for purposes of para-
graph (5) below, and the Club signing such a free agent shall do
so without regard to the compensation and quota provisions of
Section B. A Player who becomes a free agent pursuant to this
subparagraph shall not be entitled to receive termination pay.
Such a free agent shall receive transportation and travel expens-
es in the same manner as he would have if he had been uncondi-
tionally released except he shall be limited to receiving travel
expenses to his new Club if he reports to it directly, provided
such expenses are less than to his home city.
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retracts his election shall be deemed not to have exercised his right
to require an assignment for purposes of paragraph (5) below.
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accordance with the provisions of Article IX(A), computed at a
rate not less than his previous year’s salary.
(c) In the event the Club fails to notify the Player in writing of
a salary arbitration offer within the first five (5) days of the free
agency election period described in Section B(2) of this Article
XX, the Player thereafter may elect free agency pursuant to Sec-
tion B of this Article XX without any restrictions or qualifica-
tions. The Club signing the Player shall do so without regard to
the compensation and quota provisions of Section B of this Arti-
cle XX.
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entitled to receive termination pay. Such a free agent shall receive
transportation and travel expenses in the same manner as he would
if he had been unconditionally released except he shall be limited to
receiving travel expenses to his new club if he reports to it directly,
provided such expenses are less than to his home city.
(4) Procedure
Not earlier than 4 days prior to the contemplated date of an out-
right assignment, or 8 days, if the Player has no options remaining
or if the assignment is during the period from the close of the cham-
pionship season to the opening of spring training, the Club shall
give written notice to the Player, with a copy to the Association,
which shall advise the Player that he may either (a) accept the
assignment or (b) elect to become a free agent, and that in the event
he accepts the assignment, he may elect free agency between the
end of the then current Major League season and the next following
October 15, unless he is returned to a Major League roster prior to
making such election. The Player shall also be informed in the
notice that, within 3 days after the date of the notice, or 8 days, if
during the period from the close of the championship season to the
opening of spring training, he must advise the Club in writing as to
his decision whether to accept the assignment. No such decision
from a Player shall be considered effective until twenty-four hours
from his receipt of the Club’s notice.
If the Club fails to give written notice, as set forth herein, to the
Player prior to the date of such assignment, the Player may, at any
time, elect to become a free agent pursuant to this Section D; pro-
vided, however, that if the Club subsequently gives such written
notice to the Player, he shall, within 3 days thereafter, or 10 days, if
during the period from the close of the championship season to the
opening of spring training, advise the Club in writing as to his deci-
sion. No such decision from a Player shall be considered effective
until twenty-four hours from his receipt of the Club’s notice.
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solely by each Player and each Club for his or its own benefit. Play-
ers shall not act in concert with other Players and Clubs shall not act
in concert with other Clubs.
(2) Upon any finding of a violation of Section E(1) of this Arti-
cle XX by two or more Clubs, any injured Player (or Players) shall
be entitled to recover in monetary damages three (3) times the lost
baseball income, he (or they) would have had but for the violation.
Such lost baseball income shall be limited to lost salary and other
lost contractual terms, including lost additional contract years, lost
signing bonuses, lost trade restriction provisions, lost option buyout
provisions, and lost incentive bonuses (e.g., performance, awards,
attendance and weight bonuses). Damages (and fees and interest)
may be recovered only from the Clubs found to have violated Sec-
tion E(1) of this Article XX.
(3) Notwithstanding any other provision of this Basic Agree-
ment, the Arbitration Panel shall further order payment by the Clubs
found to have violated Section E(1) of this Article XX of all rea-
sonable attorneys’ fees and expenses, expert witness fees and
expenses and prejudgment interest on the single damage calculation
of the lost baseball income pursuant to paragraph (2).
(4) Any injured Player (or Players or the Association) shall not
be entitled to recover any monetary damages pursuant to this Arti-
cle XX(E) other than those enumerated in paragraphs (2) and (3).
However, nothing in paragraphs (2) and (3) is intended to reflect
any agreement between the parties on mitigation issues.
(5) In addition, upon any finding by the Arbitration Panel of a
violation by five (5) Clubs or more of Section E(1) of this Article
XX, the Association shall have the right to reopen this Agreement
upon sixty (60) days written notice to the LRD.
(6) Upon any finding by the Arbitration Panel of a violation of
Section E(1) of this Article XX by two (2) or more Clubs, any
injured free agent Player will have the right to terminate his exist-
ing contract (or reserve status) at his option immediately following
the issuance of the finding by the Arbitration Panel. However, no
such termination shall take effect during the period beginning on
February 15 and ending with the conclusion of the World Series. If
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the finding of the Arbitration Panel is issued at any time on or after
January 15, but before February 15, the Player shall have the right
to terminate his existing contract (or reserve status) at his option
either (a) immediately; or (b) within the fifteen (15) day period fol-
lowing the conclusion of the next succeeding World Series. At the
time any contract (or reserve status) is terminated pursuant to this
paragraph (6), such free agent Player shall immediately have the
right to negotiate with and enter into a contract with any Club, with-
out any restrictions or qualifications. If the contract (or reserve sta-
tus) is terminated, the free agent Player may choose to reinstate his
contract (or reserve status) at any time up until the March 15 suc-
ceeding such termination.
(7) If a Player does not exercise his right pursuant to paragraph
(6) to reinstate his contract (or reserve status), all obligations of the
Player and of the Club under said contract (or reserve status) shall
cease as of the end of the period in which the Player has the right to
reinstate his contract (or reserve status), except the obligation of the
Club to pay the Player’s compensation to that date. If at the end of
the period the Player has not signed a new contract and has not exer-
cised his right to reinstate his existing contract (or reserve status),
at that point, the Player shall be considered an unrestricted free
agent.
(8) Utilization or non-utilization of the procedures set forth in
paragraph (6) above shall be without prejudice to any injured free
agent Player. However, the experience of each Player who utilizes
such procedures shall be considered by the Arbitration Panel
in determining such further relief, if any, to which he may be enti-
tled.
(9) It is understood that in the event of a violation of Section E(1)
of this Article XX, the Arbitration Panel shall have the authority
to order such other and further non-monetary (e.g., injunctive) relief
as may be necessary to give full force and effect to the purposes of
and to the rights and benefits afforded to Players under this Article
XX.
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ARTICLE XXI—Credited Major League Service
A. Definitions
Those Player rights expressly set forth in the Basic Agreement for
which a Player’s eligibility is dependent upon credited Major League
service will be determined as follows:
(1) One full day of Major League service will be credited for
each day of the championship season a Player is on a Major League
Club’s Active List. A total of 172 days of Major League credited
service will constitute one full year of credited service. A Player
may not be credited with more than one year of credited service, 172
days, in one championship season. Major League service will be
computed commencing with the date of the first regularly scheduled
championship season game, through and including the date of the
last regularly scheduled championship season game. This rule shall
apply uniformly to all Players and all Clubs notwithstanding differ-
ences in a particular Club’s schedule.
(2) For purposes of calculating credited service, a Player will be
considered to be on a Club’s Active List if:
(a) placed on a disciplinary suspension by a Club, the Vice
President, On-Field Operations or the Commissioner, or on the
Disabled List; or
(b) called to active military duty for up to two years or if called
to emergency duty by the National Guard for a period of up to
thirty days.
B. Optional Assignments
If a Player is optionally assigned for a total of less than 20 days in one
championship season, the Player shall be credited with Major League
service during the period of such optional assignment(s). (See Article
XIX(E).)
For purposes of counting days on option, the date of the optional
assignment shall be counted and the date of recall shall not be count-
ed, provided that the date of recall shall be counted if the recall takes
place after the start of any Minor League game in which the Player was
eligible to play. (See Attachment 32.)
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ARTICLE XXII—Management Rights
Nothing in this Agreement shall be construed to restrict the rights of
the Clubs to manage and direct their operations in any manner what-
soever except as specifically limited by the terms of this Agreement.
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any amount included in a Special Covenant in lieu of inclusion in
paragraph 2.
(8) “Guaranteed Year” shall mean any championship season
included in a Uniform Player’s Contract for which more than 50%
of the Player’s Base Salary is guaranteed by the Contract in the
event of termination under paragraph 7(b)(2).
(9) “Tax Threshold” shall be defined as provided in Section B
below.
(10) “Actual Club Payroll” shall be defined as provided in Sec-
tion C below. Each Club’s final Actual Club Payroll for a Contract
Year in which the Competitive Balance Tax is applicable shall be
calculated on the December 12 following that Contract Year and
shall be the exclusive figure used for the purpose of determining
whether a Club has exceeded the Tax Threshold.
(11) “Salary” shall be defined as provided in Section E below
and shall be attributable to Contract Years as provided in Sections C
and E below.
(12) “Benefits” or “Player Benefit Costs” shall be defined as
provided in Section D below.
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(3) Tax Rates
The Competitive Balance Tax rates shall be 22.5%, 30% and
40%, as provided below.
(a) The Competitive Balance Tax rate applicable in the 2007
Contract Year (“Initial Tax Rate”) shall be 40% for those Clubs
that had an Actual Club Payroll above the Tax Threshold in the
2006 Contract Year and 22.5% for all other Clubs.
(b) A Club shall be subject to a Competitive Balance Tax rate
one level higher than the Competitive Balance Tax rate applica-
ble to it in the previous Contract Year for each consecutive Con-
tract Year in which its Actual Club Payroll is above the Tax
Threshold; provided, however, that a Club with an Actual Club
Payroll over the Tax Threshold may not be subject to a Compet-
itive Balance Tax rate above 40%.
(c) A Club with an Actual Club Payroll below the Tax Thresh-
old is subject, during the following Contract Year, to a Competi-
tive Balance Tax rate that is one level lower; provided, however,
that a Club subject to a 30% Competitive Balance Tax rate in the
previous Contract Year shall again be subject to a 30% Competi-
tive Balance Tax rate in the Contract Year following a single Con-
tract Year in which its Actual Club Payroll was below the Tax
Threshold and shall be subject to a 22.5% Competitive Balance
Tax rate in the Contract Year following two (or more) consecu-
tive Contract Years in which its Actual Club Payroll was below
the Tax Threshold. A Club with an Actual Club Payroll over the
Tax Threshold shall always be subject to at least a 22.5% Com-
petitive Balance Tax rate.
The possible Competitive Balance Tax rate progressions for
Clubs with a 40% and a 22.5% Initial Tax Rate are set forth in
Attachment 27.
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Clubs shall make Competitive Balance Tax payments to the Com-
missioner’s Office on or before January 31 of the next calendar year.
(b) Any Club that does not remit the full amount of the Compet-
itive Balance Tax due by that date shall have its next Major League
Central Fund (“Central Fund”) distribution and subsequent distribu-
tions, each net of any debt service obligation under the industry
credit facility, reduced by up to 50% until such obligation is satis-
fied. For purposes of this subparagraph (b) only, royalty payments
from Major League Baseball Properties shall not be considered part
of a Club’s Central Fund distribution. Beginning with the day fol-
lowing the payment date specified in subparagraph (a) above, inter-
est shall be charged on any unpaid Competitive Balance Tax
amounts at the Imputed Loan Interest Rate for the then current Con-
tract Year. Any interest collected pursuant to the preceding sentence
shall be for the benefit of and made available to the Industry Growth
Fund and used for the purposes set out in Article XXV.
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(2) Rules for Allocation of Salary
(a) General Rule
If a Player remains on a Major League Club’s Active List (as
defined in Article XXI) for an entire championship season, then
all of the Salary attributable to the Contract Year in which that
championship season falls shall be allocated to the Club’s Actual
Club Payroll in that Contract Year.
(b) Assignment of Contract
If a Uniform Player’s Contract is assigned by any means to
another Major League Club, the assignor Club shall be allocated
Salary through the date of the assignment and Salary shall begin
being allocated to the assignee Club on the following day, regard-
less of the Player’s reporting date. An assignor Club that pays
cash consideration to defray all or part of the salary obligation of
the assignee Club for an assigned Player shall include such cash
consideration in its Actual Club Payroll in the Contract Year in
which the cash consideration is paid; provided, however, that any
such cash consideration included as part of a Player assignment
made during the 2011 Contract Year but not payable until the
2012 Contract Year shall be included in the assignor Club’s 2011
Actual Club Payroll to the extent that the assignee Club does not
have equivalent salary obligations under Player contracts
obtained in the assignment in the 2012 championship season or
beyond. Any cash consideration that is, pursuant to the preceding
sentence, included in the Actual Club Payroll of the payor Club
shall be subtracted from the Actual Club Payroll of the payee
Club in the same Contract Year in which it is added to the payor
Club’s Actual Club Payroll.
(c) Salary Increase Upon Assignment
If a Uniform Player’s Contract provides for an increase in
Salary upon its assignment to another Major League Club, such
increase shall be included in a Player’s Salary upon assignment
and attributed to the Contract Year (or Years) in which it is to be
paid. Any such increase in Salary attributable to the Contract
Year during which the assignment occurred shall be allocated to
the Actual Club Payrolls of the assignor and assignee Clubs pur-
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suant to Section C(2)(b) above. Any such increase in Salary
attributable to a later Contract Year shall be allocated exclusive-
ly to the assignee Club.
(d) Contract Signed After Opening Day
If a Player first enters into a Uniform Player’s Contract with a
Club after opening day of the championship season with a Base
Salary payable over a full championship season, the Club shall
include in Actual Club Payroll such pro rata portion of the Base
Salary attributable to that Contract Year as the number of days
that the Player was on the Club’s Active List (as defined in Arti-
cle XXI) bears to the number of days in the championship sea-
son. If such a Player has a Base Salary expressly payable only
over the portion of the championship season that the Player is on
the Club’s Active List, the Club shall include in Actual Club Pay-
roll the entire Base Salary attributable to that Contract Year.
(e) Termination of Contract
(i) If a Club terminates a Uniform Player’s Contract that cov-
ers a single championship season, the Club shall include in its
Actual Club Payroll for the Contract Year in which that season
falls any Salary paid to that Player, either under this Agreement
or a Special Covenant to the Contract (subject to any offset called
for by this Agreement or a Special Covenant).
(ii) If a Club terminates a multi-year Uniform Player’s Con-
tract while it remains obligated to pay Salary under either this
Agreement or a Special Covenant to the Contract, Salary shall be
allocated to that Club for each Contract Year during which its
obligation continues. Salary shall be attributed to each such Con-
tract Year pursuant to this Article XXIII (subject to any offset
called for by this Agreement or a Special Covenant). This attri-
bution shall apply even if the Club pays the Salary in advance.
(f) Split Contracts
The earnings of a Player signatory to a Split Contract shall be
included in Actual Club Payroll at the total amount of the Play-
er’s actual baseball earnings under that Contract from Major
League Clubs (and from Minor League clubs, if any) for that
Contract Year, subject to subparagraph (g) below.
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(g) Outright Assignment to a Minor League club
If a Uniform Player’s Contract is assigned outright to a Minor
League club, the Club shall exclude from its Actual Club Payroll
such pro rata portion of the Salary attributable to that Contract
Year as the number of days during the championship season that
the Player was off the Major League Club’s 40-man roster bears
to the number of days in the championship season; provided,
however, that the above exclusion shall not apply to the Salary of
any Player whose Contract has been assigned outright to a Minor
League club for the purpose of defeating or circumventing the
intention of the Parties as reflected by this Article XXIII.
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(d) moving and traveling expenses (as described in Article
VIII), including payments made to former Players in connection
with relocations resulting from assignments while they were
active Players;
(e) contributions (in their entirety) to the post-season Players’
pool as described in Article X;
(f) the College Scholarship Plan (including payments made
on behalf of former players); and
(g) player medical costs (e.g., fees to doctors, hospitals, and
other health care providers, and the drugs and other medical sup-
plies for the treatment of Player injuries), but not including
salaries of trainers or other Club personnel, or the costs of Club
medical or training equipment, or any costs reimbursed or paid
for through workers’ compensation or any other medical insur-
ance. Notwithstanding the foregoing, the amount of Player med-
ical costs included in “Benefits” may not increase by more than
ten percent (10%) each Contract Year beginning with the increase
from the 2006 to the 2007 Contract Year.
(2) Limitation on Annual Increase
Notwithstanding the foregoing, beginning with the increase from
the 2006 to the 2007 Contract Year, the annual rate of increase for
Player Benefit Costs in any Contract Year may not exceed the annu-
al rate of increase over that year in the combined “sum of the year-
ly Salaries” (described in Section C(1)(b) above) for all Clubs.
E. Determination of Salary
The determination of a Player’s Salary for a particular Contract Year
for the purposes of interpretation and application of this Article XXIII
only shall be in accordance with the following rules.
(l) General Rule
“Salary” shall mean the value of the total compensation (cash or
otherwise) paid to a Player pursuant to the terms of a Uniform Play-
er’s Contract, including any guarantee by the Club of payments by
third parties, for a particular championship season. Consistent with
the rules set out below, all compensation paid to a Player pursuant
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to the terms of a Uniform Player’s Contract shall be attributable to
the Contract Year(s) in which the Player is required under the Con-
tract to render services to a Club as a baseball player, regardless of
how the compensation is characterized under the Contract.
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tract shall not be considered in the determination of Salary until the
triggering event occurs (other than, if applicable, as a “potential
bonus”), unless it is determined by the Arbitration Panel that the
Special Covenant was designed to defeat or circumvent the inten-
tion of the Parties as reflected in this Article XXIII. As long as such
a finding is not made, the additional Base Salary triggered by the
Special Covenant shall count as part of the Player’s Salary in the
Contract Year(s) to which it is attributed by the Contract once the
triggering event has occurred. Multi-Year Contracts shall not be
recalculated on an Average Annual Value basis once the triggering
event has occurred; the additional Base Salary shall be added to the
Salary as originally calculated for the Contract Year in question.
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(iii) The Parties recognize that Uniform Player’s Contracts
have covered and may cover championship seasons that could be
characterized under the above definitions as both “Club Option
Years” and “Player Option Years” (hereinafter referred to as a
“Mutual Option Year”). Salaries under any such Contract that
cannot extend beyond the 2011 Contract Year shall be calculated
as if the Mutual Option Year is a Player Option Year. Salaries
under any such Contract that can extend beyond the 2011 Con-
tract Year shall be calculated as if the Mutual Option Year is a
Player Option Year unless, pursuant to subparagraph (c)(ii)
below, the “Club Option Year Value” exceeds 122.5% of the
“Highest Guaranteed Year Value” prior to the Mutual Option
Year, or its substitute. In the latter event, Salaries under the Con-
tract shall be calculated as if the Mutual Option Year is a Club
Option Year and the calculation called for in subparagraph
(c)(ii)(B) below shall be made and the entire Signing Bonus shall
be allocated over the Guaranteed Years prior to the Mutual
Option Year.
(b) Option Buyouts
(i) General Rule
(A) If a Uniform Player’s Contract contains a Club Option
Year or a Player Option Year that is not deemed a Guaranteed
Year pursuant to subparagraph (a)(ii) above and the Player is
to receive consideration upon the non-exercise of that option
or the nullification of a championship season (“Option Buy-
out”), then such Option Buyout shall be deemed a Signing
Bonus. If a Uniform Player’s Contract contains an Option
Buyout for a Club decision not to exercise a Club Option Year
and an Option Buyout for a Player decision not to exercise a
Player Option Year (or to nullify a championship season) that
is deemed a Signing Bonus pursuant to this subparagraph
(b)(i), then the higher Option Buyout payment shall be deemed
the Signing Bonus.
(B) If a Contract contains an Option Buyout relating to
more than one Option Year, then only the Option Buyout that
relates to the earliest Option Year in the Contract shall be
deemed a Signing Bonus. If, however, the Player ultimately
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receives an Option Buyout that relates to an Option Year other
than the earliest Option Year, that Option Buyout shall be
included in Salary in the Contract Year covered by the option
that was not exercised.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
that Year, minus any Option Buyout that relates to that Club
Option Year.
“Highest Guaranteed Year Value” shall be the sum of the
Base Salary plus any attributed Signing Bonus, deferred com-
pensation or annuity costs, plus any potential bonuses (other
than Award Bonuses) in the Guaranteed Year of the Contract
with the highest such sum; provided, however, that if the
Highest Guaranteed Year Value is itself greater than 127.5% of
the Average Annual Value of the Contract, then 127.5% of the
Average Annual Value of the Contract shall be substituted for
the Highest Guaranteed Year Value in the calculation called for
by subparagraph (ii)(B) below.
(B) Rule. If the Club Option Year Value exceeds 122.5% of
the Highest Guaranteed Year Value, then the difference
between the Club Option Year Value and 122.5% of the High-
est Guaranteed Year Value shall be treated as a Signing Bonus
in the calculation of the Contract’s Average Annual Value.
(C) Potential Tax Refund. If a Club Option Year in a Uni-
form Player’s Contract subject to this subparagraph (ii) is not
exercised, any Club (including a Club to which the Contract
was assigned) that paid Competitive Balance Tax in a Contract
Year in which that Club’s final Actual Club Payroll included
an amount attributed under subparagraph (ii) shall receive a
distribution from the Competitive Balance Tax proceeds
described in Section H(1) below in the amount of any Com-
petitive Balance Tax paid as a result of that attribution.
(d) Player Option Years
(i) If a Player fails to exercise or chooses to nullify a Player
Option Year that is deemed a Guaranteed Year pursuant to Sec-
tion E(5)(a)(ii) above, the difference between the amount paid to
the Player under his Contract (including any Option Buyout pay-
ment) and the amount that has been attributed to Actual Club
Payroll of a Club under that Contract shall be added to (or sub-
tracted from) Actual Club Payroll in the Contract Year in which
the Player Option Year falls. If the Contract has been assigned,
the adjustment called for in the preceding sentence shall be made
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
to the Actual Club Payroll(s) of the Club(s) to which Salary under
that Contract had been attributed in any Contract Year. If a Play-
er exercises or fails to nullify a Player Option Year that was not
deemed a Guaranteed Year, the Player’s Salary in the Player
Option Year shall be the difference between the Salary provided
in the Player Option Year (including any earned bonuses) and the
Option Buyout that had been attributed, in all previous Contract
Years, to a Club pursuant to Section E(5)(b)(i) above.
(ii) If a Player Option Year falls in the 2012 Contract Year or
later, and the Base Salary (plus any attributed Signing Bonus,
deferred compensation or annuity costs) in the Player Option
Year (“Player Option Year Value”) is less than 80% of the Base
Salary (plus any attributed Signing Bonus, deferred compensa-
tion or annuity costs) in the Guaranteed Year with the smallest
such figure before the first such Player Option Year (80% Fig-
ure), then the difference between the 80% Figure and the Player
Option Year Value shall be allocated pro rata across the Guaran-
teed Years preceding the first such Player Option Year; provided,
however, that if the 80% Figure is itself less than 75% of the
Average Annual Value of the Contract (calculated as if the Play-
er Option Year was not a Guaranteed Year), then the 80% Figure
shall instead be 75% of the Average Annual Value calculation set
out immediately above.
(iii) Potential Tax Refund. If a Player exercises or chooses not
to nullify a Player Option Year subject to subparagraph (d)(ii)
above, any Club (including a Club to which the Contract was
assigned) that paid Competitive Balance Tax in any Contract
Year in which that Club’s final Actual Club Payroll included an
amount attributed under subparagraph (ii) above shall receive a
distribution from the Competitive Balance Tax proceeds
described in Section H(1) below in the amount of any Competi-
tive Balance Tax paid as a result of that attribution.
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after the last championship season for which the Contract
requires services as a baseball player to be rendered.
(b) Attribution
(i) Deferred Compensation shall be included in a Player’s
Salary as if paid in the championship season to which it is attrib-
uted under a Uniform Player’s Contract. If a Contract does not
attribute Deferred Compensation, the Contract shall be treated as
if the Deferred Compensation was attributed equally to each of
the Guaranteed Years in the Contract.
(ii) If the Deferred Compensation is to be paid with interest at
an effective rate that is within one and one-half percentage points
of the Imputed Loan Interest Rate for the first Contract Year cov-
ered by the Contract, then the Deferred Compensation shall be
included at its stated value. Otherwise, the Deferred Compensa-
tion shall be included at its present value in the season to which
it is attributed, said present value to be calculated by increasing
any such payments by the Contract’s stated interest rate, if any,
and then reducing such payments back to their present value by
applying as a discount rate the Imputed Loan Interest Rate for the
first Contract Year covered by the Contract. If the terms of a Con-
tract are confirmed by the Association and the Office of the Com-
missioner before the Imputed Loan Interest Rate for the first
Contract Year covered by the contract is available, the Imputed
Loan Interest Rate shall be the annual “Federal mid-term rate” as
defined in section 1274(d) of the Internal Revenue Code for the
month preceding the month in which terms are confirmed. If a
Uniform Player’s Contract uses the date or year in which a Play-
er retires as a triggering event for the commencement of payment
of the Deferred Compensation, it will be assumed for purposes of
calculating Salary under this Article only that the Player retires
on the day that he reaches age 40 or at the end of the Contract,
whichever is later.
(c) An “Annuity Compensation Arrangement” is an agreement in
a Uniform Player’s Contract whereby the Club promises to purchase
an annuity to pay the Player after he is no longer required to render
services as a baseball player under such Uniform Player’s Contract.
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(i) The portion of the cost of the annuity to be paid by the Club
while the Player is required to render services as a baseball play-
er under the Contract shall be included as Salary for the Contract
Year in which such cost is to be paid.
(ii) The portion of the cost of the annuity instrument to be paid
by the Club after the Player is no longer required to render serv-
ices as a baseball player under such Contract, if any, shall be
treated as Deferred Compensation attributable pro rata over the
Guaranteed Years of the Contract at its present value as calculat-
ed pursuant to paragraph (6)(b) above. Any compensation that the
Player is scheduled to receive pursuant to such Annuity Com-
pensation Arrangement shall not be considered Salary or
Deferred Compensation.
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sidered Salary from the outset, then the forgiveness of the loan
shall be presumed to be an action designed to defeat or circum-
vent the Competitive Balance Tax. Unless the Club that forgave
such a loan can rebut the foregoing presumption, the Club shall
be required to pay into the Central Fund an amount equal to the
Competitive Balance Tax(es) that the Club would have paid
(based on the Tax Thresholds that were in effect when final Actu-
al Club Payrolls were calculated for the Contract Year(s) in which
a Competitive Balance Tax would have been paid) had the for-
given loan (or portion thereof) originally been considered Salary.
F. Association’s Rights
(1) Actual Club Payroll Information
(a) In each Contract Year in which the Competitive Balance Tax
is operational, the Office of the Commissioner shall provide the
Association with two “Preliminary Actual Club Payroll Compila-
tions,” the first of which shall be provided within 14 days following
opening day of that championship season and the second of which
shall be provided within 14 days following that season’s All-Star
Game. Each Preliminary Actual Club Payroll Compilation shall
consist of a list of each Club’s Actual Club Payroll, broken down by
Player, and an estimate of Player Benefit Costs for that Contract
Year, as of opening day and the All-Star Game, respectively. In addi-
tion to the above, the Association may, from time to time, request
the Office of the Commissioner to produce a Preliminary Actual
Club Payroll Compilation or any portion thereof (including the
Office of the Commissioner evaluation of any Uniform Player’s
Contract, the terms of which have been confirmed by the Associa-
tion and the Office of the Commissioner) and the Office of the
Commissioner shall provide such information within 14 days of
each such request, provided that the Association will not make an
unreasonable number of requests in any Contract Year.
(b) Upon the presentation of any evidence that a Player and a
Club are prepared to agree to a Uniform Player’s Contract, either
Party to this Agreement (i.e., the Association or Office of the Com-
missioner) may initiate a process whereby the Parties prepare and
exchange evaluations of that prospective Contract for Competitive
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
Balance Tax purposes. The evaluations shall be exchanged within
48 hours of the initiation of the process by either Party.
(c) The Office of the Commissioner shall provide the Associa-
tion with a list of the final Actual Club Payrolls, broken down by
Player, and Player Benefit Costs for that Contract Year and the
Competitive Balance Tax assessed against each Club (“final Actual
Club Payroll Compilation”), if any, for the just completed champi-
onship season on or before the December 12 following each cham-
pionship season covered by this Agreement in which the
Competitive Balance Tax is applicable.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
handled on an expedited basis, with documents being exchanged as
soon as possible, a hearing commencing within three business days
of the filing of the Grievance (or as soon thereafter as is practicable)
and the Panel issuing an Award (with opinion to follow, if neces-
sary) no later than three business days after the commencement of
the hearing. Failure by the Association to challenge any such calcu-
lation shall not preclude the Association from challenging that cal-
culation if contained in a final Actual Club Payroll Compilation, nor
shall such failure be of any relevance in such a challenge. Failure by
the Office of the Commissioner to raise or pursue with the Arbitra-
tion Panel any disagreement with the Association concerning infor-
mation exchanged pursuant to Section F(1)(b) above shall be
irrelevant to any challenge by the Association to any calculation.
(c) Information Provided Pursuant to Section F(1)(c)
The Association may challenge any calculation included in infor-
mation provided pursuant to Section F(1)(c) (the final Actual Club
Payroll Compilation) by filing a Grievance pursuant to Article XI.
If the Association disagrees with any calculation that affects the
Competitive Balance Taxes assessed for that Contract Year, it shall
file a Grievance within 45 days after it has received that Year’s final
Actual Club Payroll Compilation and the notice of assessed Com-
petitive Balance Taxes (see Section B(4)(a)). Failure by the Associ-
ation to challenge any calculation included in a final Actual Club
Payroll Compilation shall not preclude the Association from chal-
lenging that calculation if contained in a final Actual Club Payroll
Compilation for a later Contract Year, nor shall such failure be of
any relevance in such a challenge. Such a challenge, however, will
not result in changes to Competitive Balance Tax amounts assessed
for prior Contract Years. Any Grievance challenging a final Actual
Club Payroll Compilation shall be handled by the Parties on an
expedited basis with documents being exchanged within 10 days of
the filing of the Grievance, a hearing commencing within 15 days of
the filing of the Grievance and the Panel issuing an Award (with
opinion to follow, if necessary) no later than 15 days after the com-
mencement of the hearing. The filing of a Grievance by the Associ-
ation shall not preclude the Office of the Commissioner from
assessing and collecting the Competitive Balance Tax in accordance
with Section B and using Competitive Balance Tax proceeds in
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accordance with Section H, unless the Chair of the Arbitration
Panel, upon application by the Association, provides otherwise.
Unless the Chair provides otherwise, any adjustments to the Com-
petitive Balance Tax assessments and distributions made pursuant to
this Section F necessitated by the resolution of an Association
Grievance shall be made by the Office of the Commissioner once
the Grievance is finally resolved.
(d) Relationship to Grievance Procedure
(i) Nothing in this Section F is intended to affect the applica-
tion of the Grievance Procedure to any other complaint involving
the existence or interpretation of, or compliance with, this Article
XXIII or any provision therein. Moreover, unless specifically
modified by this Section F, it is intended that the provisions of
Article XI will govern the resolution of disputes under this Arti-
cle XXIII.
(ii) It is agreed that the existence of the expedited procedures
in this Section F will not prohibit either Party from arguing that
another dispute subject to Article XI should be heard prior to any
dispute related to this Article XXIII.
G. Other Undertakings
(1) Neither the Parties hereto nor any Club or any Player shall
enter into any agreement, Uniform Player’s Contract or other trans-
action, that includes any terms designed to defeat or circumvent the
intention of the Parties as reflected by this Article XXIII.
(2) At the time a Club and a Player enter into any Uniform Play-
er’s Contract, or at the time of the assignment of any Uniform Play-
er’s Contract, there shall be no unreported understandings or
agreements of any kind between the Player and the Club. No other
understandings or agreements, whether made before or after the
signing of the Uniform Player’s Contract or its assignment, shall be
valid, recognizable or of any effect whatsoever, unless expressly set
forth in a new or supplemental Uniform Player’s Contract executed
by the Player and the Club and complying with this Agreement and
the Major League Rules. (See “Supplemental Agreements” para-
graph of the Uniform Player’s Contract.)
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(3) If a Club and a Player currently signatory to a Uniform Play-
er’s Contract desire to modify or amend their contractual relation-
ship, they must enter into a new Uniform Player’s Contract that
covers the then current championship season or, if signed after the
championship season has started, the next immediate championship
season. The Average Annual Value of such new Contract shall be
increased or decreased, whichever is applicable, by the figure
arrived at by subtracting the amount of Salary that has been attrib-
uted under the rules of this Article XXIII to a Club in previous Con-
tract Years under the Contract that is being replaced from the
amount that was actually paid to the Player by a Club in those Con-
tract Years. If a new Contract is signed during a championship sea-
son to commence with the next championship season, the
calculation called for in this paragraph (3) shall be performed at the
end of the then current championship season. Except for the limited
circumstances described in this paragraph (3), no Player may be sig-
natory to more than one unexpired Uniform Player’s Contract at any
time.
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(3) Twenty-five percent (25%) of the remaining proceeds col-
lected for each Contract Year shall be contributed to the Industry
Growth Fund and, with accrued interest, used for the purposes set
out in Article XXV.
I. Sunset
There shall be no Competitive Balance Tax in place following the 2011
championship season, and the Parties expressly acknowledge and
agree that the provisions of this Article XXIII (except those concern-
ing the collection and distribution of the Competitive Balance Tax pro-
ceeds for the 2011 Contract Year) shall not survive the expiration of
this Agreement.
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(a) an activity that could be conducted by a non-Club entity
but which is conducted by a Club because its affiliation or con-
nection with Major League Baseball increases the activity’s
appeal; and
(b) an activity from which revenue or value is received as a
result of a decision or agreement to forego what otherwise would
be Defined Gross Revenue.
(4) “Central Revenue” shall mean all of the centrally-generated
operating revenues of the Major League Clubs that are administered
by the Office of the Commissioner or central baseball including, but
not limited to, revenues from national and international broadcast-
ing agreements (television, cable, radio and Internet), Major League
Baseball Properties Inc., Baseball Television, Inc., Major League
Baseball Enterprises, Major League Baseball Advanced Media, Inc.,
the Copyright Arbitration Royalty Panel, superstation agreements
between the Commissioner’s Office and the Clubs whose games are
transmitted on a distant signal (“Superstation Agreements”), the All-
Star Game and national marketing and licensing.
(5) “Local Revenue” shall mean a Club’s Defined Gross Rev-
enue less its share of Central Revenue.
(6) “Actual Stadium Expenses” shall mean the “Stadium Opera-
tions Expenses” of each Club, as reported on an annual basis in the
Club’s FIQ.
(7) “Net Local Revenue” shall mean a Club’s Local Revenue
less its Actual Stadium Expenses.
(8) “Revenue Sharing Plan” or “Plan” shall mean the local rev-
enue sharing agreement set forth in this Article XXIV and it shall
consist of a Base Plan, a Central Fund Component and the Com-
missioner’s Discretionary Fund.
(9) The “Base Plan” shall be a 31% straight pool plan. The
amount of net payment or net receipt under the Base Plan for each
Major League Club shall be determined as follows: Each Club con-
tributes 31% of its Net Local Revenue to a putative pool; that pool
is then divided equally among all Clubs, with the difference
between each Club’s payment into the putative pool and its receipt
therefrom producing the net payment or net receipt for that Club.
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aaxs le 3/21/07 10:15, aaxs le 4/24/07 5:16, AAXS LE 4/25/07 11:56, aaxs le 5/20/07 10:16 + 3:25
(10) Those Clubs that receive net receipts in a given Revenue
Sharing Year under the Base Plan shall be referred to for that year
as “Payee Clubs.” Those Clubs that make net payments in a given
Revenue Sharing Year under the Base Plan shall be referred to for
that year as “Payor Clubs.”
(11) “Net Transfer Value” of the Revenue Sharing Plan (prior to
the operation of the Commissioner’s Discretionary Fund) shall
mean the aggregate of the net amounts paid under the combination
of the Base Plan and the Central Fund Component by those Clubs
that pay more than they receive under the combination of the Base
Plan and the Central Fund Component. In each Revenue Sharing
Year, the Net Transfer Value of the Revenue Sharing Plan (prior to
the operation of the Commissioner’s Discretionary Fund) shall be
the Net Transfer Value that would be produced in that Revenue
Sharing Year by a 48% straight pool plan.
(12) The Revenue Sharing Plan shall also have a “Central Fund
Component” under which a portion of Major League Central Fund
money shall be reallocated among the Clubs as follows:
(a) Net Transfer Value. In each Revenue Sharing Year, the
Net Transfer Value of the Central Fund Component shall be the
amount necessary, when added to the Net Transfer Value of the
Base Plan, to produce the total Net Transfer Value of the Revenue
Sharing Plan described in subparagraph 11 above. Any netting
that results from a Club having a different status under the Base
Plan and the Central Fund Component (e.g., Payor Club under
the Base Plan and Recipient Club under the Central Fund Com-
ponent) will be resolved by increasing the Net Transfer Value of
the Central Fund Component.
(b) Calculation. In each Revenue Sharing Year, the Major
League Central Fund money in the Central Fund Component
shall be reallocated among the Clubs based on each Club’s appli-
cable Performance Factor. The Performance Factors are set forth
in Attachment 26 hereto. Clubs with a positive Performance Fac-
tor shall be “Contributors” under the Central Fund Component
and Clubs with a negative Performance Factor shall be “Recipi-
ents” under the Central Fund Component.
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(i) Contributors. To determine the amount of Major
League Central Fund money to be reallocated from a Contrib-
utor, multiply the Net Transfer Value of the Central Fund
Component by that Contributor’s Performance Factor applica-
ble in that Revenue Sharing Year.
(ii) Recipients. To determine the amount of Major League
Central Fund money to be distributed to a Recipient, multiply
the Net Transfer Value of the Central Fund Component by that
Recipient’s Performance Factor applicable in that Revenue
Sharing Year.
(c) Adjustment of Performance Factors.
(i) Triggering Events.
A Club’s Performance Factor may be adjusted one time dur-
ing this Agreement if: (A) the Club opens a new stadium dur-
ing this Agreement (“New Stadium Adjustment”); or (B) the
compound annual growth rate (“CAGR”) of the Club’s Net
Local Revenue (less any post-season revenue) lags or exceeds
the CAGR of the industry’s Net Local Revenue (less any post-
season revenue) by ten percentage points or more over any
three-year period beginning with the first year of this Agree-
ment (“CAGR Adjustment”). By way of example, but not by
way of limitation, any 2010 adjustment would use 2006 as the
base and would cover growth through 2009. No CAGR Adjust-
ment shall be made before the 2010 Revenue Sharing Year.
(ii) Adjustment Mechanism.
The Performance Factor of a Club that is subject to a New
Stadium Adjustment (“New Stadium Club”) will be recalcu-
lated by replacing the New Stadium Club’s “Performance Fac-
tor NDLR” (see Attachment 26) with ninety percent (90%) of
the New Stadium Club’s Net Local Revenue (less any post-
season revenue) in the Club’s first full season of operation in
the new stadium. All of the Clubs’ Performance Factors shall
then be recalculated using a straight pool formula. The Clubs’
adjusted Performance Factors shall be effective beginning
with the Revenue Sharing Year immediately following the
New Stadium Club’s first full season of operation in the new
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stadium. A Club that is, or will become by the 2011 Revenue
Sharing Year, subject to the New Stadium Adjustment shall not
be subject to the CAGR Adjustment, even if the Club triggers
the CAGR Adjustment prior to triggering the New Stadium
Adjustment. By way of example, but not by way of limitation,
a Club with Net Local Revenue growth sufficient to trigger the
CAGR Adjustment for the 2010 Revenue Sharing Year shall
not be subject to the CAGR Adjustment if it has had, or will
have, a full season of operation in a new stadium prior to the
2011 Revenue Sharing Year.
The Performance Factor of a Club that is subject to the
CAGR Adjustment (“Growth Rate Club”) will be recalculated
by replacing the Growth Rate Club’s Performance Factor
NDLR with the Growth Rate Club’s Net Local Revenue (less
any post-season revenue) in the 2009 or 2010 Revenue Shar-
ing Year, as the case may be (see Attachment 26). All of the
Clubs’ Performance Factors would then be recalculated using
a straight pool formula. The Clubs’ adjusted Performance Fac-
tors shall be effective beginning with the 2010 or 2011 Rev-
enue Sharing Year, as the case may be. A Club may be subject
to a CAGR Adjustment only once during this Agreement.
The Clubs’ Performance Factors shall be subject to adjust-
ment pursuant to this subparagraph 12(c) for Revenue Sharing
Years following the expiration of this Basic Agreement if the
Parties are operating under the status quo; provided, however,
that any such status quo period shall be deemed to be part of
the term of “this Agreement” for purposes of the limit of one
adjustment only to a Club’s Performance Factor “during this
Agreement.” By way of example, but not by way of limitation,
a Club that has its first full season of operation in a new stadi-
um in 2011 would not, assuming that the Parties are operating
under the status quo in 2012, be subject to the New Stadium
Adjustment in the 2012 Revenue Sharing Year if it had previ-
ously triggered the CAGR Adjustment.
(d) Distribution. The Administrator, with each set of esti-
mated payments under the Base Plan (see Section C(2)(a),
below), shall disseminate to the Clubs an estimate of the reallo-
cations and distributions to be made under the Central Fund
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Component for that Revenue Sharing Year. Reallocations from
the Contributors will be made by reducing the post-season distri-
butions of the Major League Central Fund money those Clubs
would have received during that Revenue Sharing Year but for
the operation of the Central Fund Component. Recipients shall
receive their distributions of the Central Fund Component on
December 1 of each Revenue Sharing Year. Adjustments to these
reallocations and distributions caused by changes in any Net
Local Revenue figures shall be made at the time of the next dis-
tribution under the Base Plan.
(13) The “Commissioner’s Discretionary Fund” shall consist of
no more than $10 million in Major League Central Fund money that
is raised equally from all Clubs for each Revenue Sharing Year. The
Commissioner may make distributions from the Commissioner’s
Discretionary Fund to a Club or Clubs, in amounts and at times to
be determined at the Commissioner’s discretion, subject to the fol-
lowing guidelines and procedures.
(a) Guidelines. The Commissioner, in exercising this discre-
tion, shall take no action that is inconsistent with this Agreement.
By way of example, but not limitation, the Commissioner may
not consider: (i) positions that a Club has taken with respect to
any matter before the Clubs, the Executive Council or the Office
of the Commissioner; (ii) a Club’s contracting decisions with
respect to or contemplated offers to free agents or free agent eli-
gible players; or (iii) whether a Club’s payroll is or has been
above the Competitive Balance Tax threshold established in Arti-
cle XXIII, above. In addition, the Commissioner shall not, absent
agreement of the Parties, distribute more than $3 million to any
individual Club in any Revenue Sharing Year.
(b) Procedures.
(i) Written Requests. Any Club seeking a distribution
from the Commissioner’s Discretionary Fund shall submit a
request in writing to the Commissioner. The written request
must include, but need not be limited to: (i) the amount
requested; (ii) the use(s) to which the Club intends to put the
requested distribution; and (iii) an explanation of how, in the
Club’s view, the requested distribution should improve the
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Club’s performance on the field. The Commissioner shall
respond in writing to each request for a distribution from the
Commissioner’s Discretionary Fund.
(ii) Consultation with the Association. The Commissioner
shall, within 30 days of receiving a request pursuant to sub-
paragraph (b)(i) above, provide to the Association a copy of
the written request and his preliminary position on the request
(e.g., inclined to grant, might consider if modified, or not
inclined to grant). The Commissioner shall, at the Associa-
tion’s request, consult with the Association prior to making
any distribution. At the Association’s request, the Commis-
sioner shall also consult with the Association regarding a
request that he is not inclined to grant in its current form. The
Commissioner shall give notice to the Association at least 15
days prior to making any distribution, unless such notice is not
possible under the circumstances. In such case, the Commis-
sioner shall provide as much notice to the Association as is
possible under these circumstances, but, in no event, shall any
distribution be made without at least five (5) days’ written
notice to the Association. As part of any such consultation
process, the Commissioner shall provide the Association with
the documents required to be produced pursuant to Section
D(2)(k) of this Article and any document reasonably request-
ed by the Association pursuant to Section D(2).
(iii) Timing of Distributions. The Commissioner shall
attempt to make distributions for a given Revenue Sharing
Year no later than December 1. If the Commissioner does not
distribute the entirety of the Commissioner’s Discretionary
Fund in any given Revenue Sharing Year, the Commissioner
shall distribute the remainder of the Commissioner’s Discre-
tionary Fund to the Clubs on a pro rata basis before the close
of the Revenue Sharing Year. In no event may the Commis-
sioner carry over any remaining funds in the Commissioner’s
Discretionary Fund to a subsequent Revenue Sharing Year.
(14) The “Administrator” shall be the representative (or repre-
sentatives) responsible, in consultation with the Association, for
administration of the Revenue Sharing Plan under this Article
XXIV. (See Section C, Administration, below.)
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B. General Principles
(1) Intent of the Plan
The intent of the Revenue Sharing Plan is to transfer among the
Clubs in each Revenue Sharing Year, by means of a combination of
the Base Plan and the Central Fund Component, the amount of rev-
enue that would have been transferred in that Year by a 48% straight
pool plan, plus such transfers as may result from distributions of the
Commissioner’s Discretionary Fund.
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dards in the accounting conventions, policies and practices reflect-
ed in the FIQ (and in any changes to any of the foregoing). It is
acknowledged, however, that specific exceptions to the GAAP rules
have been and will be warranted to ensure uniformity, consistency
and fair treatment among the Clubs, subject to the provisions of Sec-
tion C, below.
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ditionally have shared, in the economic benefits jointly generated by
the Game at another Club’s home field.
(c) None of the Parties hereto shall enter into any agreement, or
engage in any transaction or other conduct, designed to defeat or cir-
cumvent the intentions of the Parties as reflected in this Article
XXIV.
C. Administration
(l) Responsibility
The administration of the Revenue Sharing Plan under this Arti-
cle XXIV shall be the responsibility of the Administrator in con-
sultation with the Association. The Administrator shall be the
Commissioner or, if so designated by the Major League Baseball
Executive Council a Committee of Clubs and/or representatives.
The Office of the Commissioner shall promptly notify the Associa-
tion of a change in the Administrator.
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Reporting Payment Distribution
Date Date Date Amount of Payment
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(b) Review of Accounting and Reporting Practices. The
Administrator shall review the accounting and reporting practices
of the Clubs, as reflected in Club financial information submitted
in connection with the FIQs, audited financial statements, and
any SIQs or supplemental information required by the Adminis-
trator to be submitted by Clubs. The Administrator shall also
conduct regular full independent audits of the Clubs and of par-
ticular significant transactions (e.g., related party transactions).
The Administrator will continue to conduct full compliance
audits of each Club in each year of this Agreement. The Admin-
istrator is also authorized to make appropriate changes, in fur-
therance of the objectives described below in Section C(2)(c), in
the definitions, accounting conventions, policies or practices
reflected in the FIQ, subject to prior notice to, and consultation
with, the Association. The Administrator is also authorized to
require a more detailed Club submission of line items as set out
in the FIQ.
(c) Objectives. In performing functions under this paragraph
(2), the objectives of the Administrator are:
(i) to achieve uniformity and consistency in reporting
among Clubs;
(ii) to achieve uniformity and consistency in reporting from
Revenue Sharing Year to Revenue Sharing Year;
(iii) to accord fair treatment in the calculation of net pay-
ments and net receipts;
(iv) to be fair, impartial and objective in assessing and
evaluating new issues that arise in the operation of the Plan;
and
(v) to remain faithful to the agreement of the Parties
reflected in this Article XXIV.
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affect the agreement of the Parties as reflected in this Article,
including, but not limited to:
(a) the industry-wide net transfer of Net Local Revenue
among Clubs;
(b) the amounts of contributions made by individual Payor
Clubs and the amounts of payments received by individual Payee
Clubs;
(c) the amounts contributed and received by Clubs under the
Central Fund Component; or
(d) the amounts distributed under the Commissioner’s Discre-
tionary Fund.
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made, or final estimated partial payment calculations or final calcu-
lations regarding net payments or net receipts made by the Admin-
istrator in connection with the administration of the Revenue
Sharing Plan. Further, nothing in this Article, including, but not lim-
ited to, the consultation rights accorded the Association, is intended
to limit either the substantive rights of the Association under this
Article or the application of the Grievance Procedure in Article XI
as to any complaint involving the existence or interpretation of, or
compliance with, this Article or any provision herein.
(c) The filing of a Grievance under Article XI by the Association
shall not preclude the Administrator from calculating, collecting or
redistributing estimated partial payments or receipts or final net
payments or receipts in accordance with this Article, unless the
Chair of the Arbitration Panel, upon application by the Association,
provides otherwise. Unless the Chair provides otherwise, any
adjustments to the calculation, collection or redistribution of esti-
mated partial payments or receipts or of final net payments or
receipts pursuant to this Article necessitated by the resolution of an
Association Grievance shall be made by the Administrator once the
Grievance is finally resolved.
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(a) the form FIQ to be submitted by Clubs, together with any
form SIQ or other forms requiring the submission of supplemen-
tal information to the Administrator by Clubs;
(b) any proposed changes in the form FIQ, SIQ or other forms
to be submitted to the Administrator by the Clubs, together with
explanatory reports, if any, regarding such proposed changes;
(c) completed FIQs, SIQs or other supplemental information
forms submitted to the Administrator by each Club;
(d) audited financial statements submitted by each Club;
(e) summaries of local media contracts (and/or of any other
individual Club contracts) submitted by each Club to, or main-
tained under the supervision of, the Office of the Commissioner
(or the Administrator);
(f) any industry-wide compilation of revenue and expense
data, whether broken out by individual Club or groups of Clubs;
(g) any completed forms submitted by the Clubs to the
Administrator in connection with the preparation of estimates of
net payments or net receipts under any component of the Plan;
(h) any preliminary estimated partial payment calculations or
preliminary calculations by the Administrator of net payments
and net receipts due under any component of the Plan;
(i) any document reflecting a distribution to a Club under any
component of the Plan;
(j) any document prepared by or on behalf of the Administra-
tor in connection with a full or partial independent audit of any
Club conducted by or on behalf of the Administrator as described
in Section C(2)(b) and Section D(3)(a) of this Article;
(k) any correspondence to or from the Administrator or the
Office of the Commissioner regarding a contemplated distribu-
tion, noticed pursuant to Section A(13)(b)(ii) of this Article,
including but not limited to the written request submitted pur-
suant to subparagraph (b)(i) of that Section and any documents
considered by the Commissioner during his review of the
request;
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(l) reports filed with the Commissioner pursuant to Section
B(5)(a) of this Article and any correspondence from or to the
Commissioner relating to his enforcement of Section B(5)(a) of
this Article;
(m) upon specific request by the Association, any unsuccess-
ful request made pursuant to Section A(13)(b)(i) of this Article,
any correspondence responsive to such submission and any doc-
ument that the Commissioner considered in connection with his
rejection of such request;
(n) upon specific request by the Association, any Club docu-
ment(s) examined or required to be examined by or on behalf of
the Administrator in connection with a full or partial independent
audit of any Club conducted by or on behalf of the Administrator
as described in Section C(2)(b) and Section D(3)(a) of this Arti-
cle;
(o) any final calculations by the Administrator of estimated
partial payments, net payments and net receipts due under the
Plan; and
(p) upon specific request by the Association, a description of
the methodologies, assumptions and procedures used by the
Administrator to calculate and/or reconcile items reported in
Club FIQs and Club audited financial statements.
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written demand therefor by the Association. To the extent practica-
ble, such audit will be conducted under the same procedures
and under the same time schedule as other audits conducted by the
Administrator in accordance with Section C(2)(b) above. All
expenses for such audits shall be borne solely by the Administrator.
(b) Upon a showing of good cause and written notice to the
Administrator, the Association shall have the right to conduct its
own full or partial independent audit of any such Club or transac-
tion. The Administrator shall promptly arrange the date for the
Association’s audit, to be conducted within a reasonable period of
time from the date of the Association’s notice pursuant to this sub-
paragraph.
(c) Notwithstanding the provisions of Section C(2)(b), Section
D(3)(a) and Section D(3)(b) above, and without regard to whether
the Administrator has conducted an audit pursuant to Section
C(2)(b) or Section D(3)(a) of any Club (or Clubs), the Association,
upon written notice to the Administrator, shall have the right to con-
duct its own full or partial independent audit of six (6) Clubs per
year for each Revenue Sharing Year. Notwithstanding the foregoing,
upon a showing of good cause, the Association shall have the right
to conduct its own full or partial independent audit of more than six
(6) Clubs for each Revenue Sharing Year. The Administrator shall
promptly arrange the date for the Association’s audit, to be con-
ducted within a reasonable period of time from the date of the Asso-
ciation’s notice pursuant to this subparagraph.
(d) Any audits conducted by the Association pursuant to sub-
paragraphs (b) or (c) above, may be conducted by representatives of
the Association’s choice, including accountant(s) employed on the
Association’s staff, so long as such representatives are working
under the supervision of Certified Public Accountant(s) of the Asso-
ciation’s choice.
(e) The Association shall utilize the rights set forth in this para-
graph (3) in good faith and only in furtherance of its interest in
ensuring compliance with this Agreement. In no event will the
Association conduct an unreasonable number of its own audits for
any Revenue Sharing Year.
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(4) Confidentiality
Any financial information obtained by the Association from the
Clubs (or the Administrator) pursuant to this Article shall be subject
to the Confidentiality Agreement appended hereto in Attachment
14.
B. Joint Activities
In furtherance of the purposes described above in Section A, the Par-
ties shall make funds available to IGF for joint activities supervised by
the Association and the Clubs in the following areas:
(1) licensing, promotional, advertising and marketing projects;
(2) international development, including Player tours, licensing,
media relations and support for baseball federations throughout the
world;
(3) development and use of new media technology;
(4) community service activities;
(5) enhancement in popularity and revenue growth among those
Clubs that are or have been Payee Clubs under Article XXIV during
the term of this Agreement, with particular attention to the interests
of cities and communities in the retention of Major League Clubs
(provided that funds are distributed based on investment criteria and
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not as automatic supplements to revenue sharing pursuant to Article
XXIV); and
(6) any other joint activities deemed by the Parties to be in fur-
therance of the purposes of IGF.
C. Administration
(1) Board of Directors
(a) The Parties shall maintain a Board of Directors of IGF (“the
IGF Board”), consisting of seven members. The Executive Director
of the Association and the Executive Vice President, Labor and
Human Resources of the Office of the Commissioner, or their
designees, shall serve as Co-Chairs of the IGF Board. The Associa-
tion and the LRD, on behalf of the Clubs, shall each appoint two
additional members (“Association Members” and “Club Members,”
respectively). One additional member (“Independent Member”)
shall be appointed jointly by the LRD, on behalf of the Clubs, and
the Association. The Independent Member shall not be a current
employee, vendor, contractor, partner, member of, or consultant to,
any Club, the LRD, the Association or any other centrally-operated
Baseball entity. The IGF Board shall consist of the two Co-Chairs,
the two Association Members, the two Club Members and the one
Independent Member.
(b) It shall be the responsibility of the IGF Board to oversee the
operation and activities of IGF. The IGF Board shall meet in person
at least three times each year. The IGF Board may also hold confer-
ence calls and receive reports and other information about the activ-
ities and operation of IGF.
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(b) to formulate, plan and agree upon joint activities (includ-
ing budgets, contractors and/or vendors therefor) as described in
Section B above;
(c) to consult with the IGF Board regarding joint activities
(including budgets, contractors and/or vendors therefor) as
described in Section B above and as agreed upon by the Co-Oper-
ating Officers; and
(d) to otherwise make regular reports to the IGF Board about
current and future IGF activities.
D. Dispute Resolution
(1) Disputes Concerning Joint Activities
Any dispute concerning a decision whether or not to participate
in a joint activity, including disputes over budgets, the selection of
contractors and/or vendors therefor, shall be resolved by the Co-
Chairs of the IGF Board and, absent resolution by them, such joint
activity shall not be undertaken. Decisions by the Co-Chairs with
respect to this type of dispute shall be final and binding upon the
Parties.
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therefor. The decision of the Independent Member shall be final and
binding upon the Parties.
E. Funding
(1) Competitive Balance Tax Proceeds
Competitive Balance Tax proceeds shall be contributed to IGF as
provided in Article XXIII(H)(1) and (3).
ARTICLE XXVI—Term
This Agreement shall terminate on December 11, 2011.
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ARTICLE XXVII—Comprehensive Agreement
This Agreement represents a complete, full and final understanding on
all bargainable subjects covering Players during the term of this
Agreement, except such matters as may become bargainable pursuant
to the reopener provisions of this Agreement or under the terms of the
following agreements:
(a) the Major League Baseball Players Benefit Plan;
(b) the Agreement Re Major League Baseball Players Benefit
Plan;
(c) Major League Baseball’s Joint Drug Prevention and Treat-
ment Program; and
(d) the Agreement regarding dues check-off.
All rights to bargain with one another concerning any subject whatso-
ever regarding Players for the duration of this Agreement are express-
ly waived by the Parties, except to the extent permitted in said
Agreements and in the reopener provisions of this Agreement. Should
this Agreement be reopened pursuant to the provisions hereof, each of
the Parties shall have the right to take concerted action in support of its
position.
It is further agreed by the Parties that during the term of this Agree-
ment they will use their best efforts to ensure that all terms and condi-
tions of all Uniform Player’s Contracts signed by individual Players
will be carried out in full.
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CLUBS MAJOR LEAGUE BASEBALL
PLAYERS ASSOCIATION
ANGELS BASEBALL L.P. Rich Aurilia
ATHLETICS INVESTMENT GROUP, LLC Casey Blake
DBA OAKLAND ATHLETICS Willie Bloomquist
BASEBALL CLUB John Buck
ATLANTA NATIONAL LEAGUE Chris Capuano
BASEBALL CLUB, INC. Tony Clark
AZPB LIMITED PARTNERSHIP Craig Counsell
BALTIMORE ORIOLES LIMITED Michael Cuddyer
PARTNERSHIP Morgan Ensberg
THE BASEBALL CLUB OF SEATTLE, L.P. Andy Green
BOSTON RED SOX BASEBALL CLUB Aaron Harang
LIMITED PARTNERSHIP Aaron Heilman
CHICAGO NATIONAL LEAGUE Wes Helms
BALL CLUB Ray King
CHICAGO WHITE SOX, LTD. Paul Konerko
THE CINCINNATI REDS, L.L.C. Mark Kotsay
CLEVELAND INDIANS BASEBALL John Lackey
COMPANY, LP Braden Looper
COLORADO ROCKIES BASEBALL Mark Loretta
CLUB, LTD. Paul Maholm
DETROIT TIGERS, INC. Mike Mussina
FLORIDA MARLINS, L.P. Mike Myers
HOUSTON MCLANE COMPANY, INC. Will Ohman
DBA HOUSTON ASTROS John Patterson
BASEBALL CLUB Josh Paul
KANSAS CITY ROYALS BASEBALL Horacio Ramirez
CORPORATION Brian Roberts
LOS ANGELES DODGERS, LLC Nate Robertson
MILWAUKEE BREWERS BASEBALL Jimmy Rollins
CLUB, LP Mark Teixeira
MINNESOTA TWINS, LLC Vernon Wells
NEW YORK YANKEES LIMITED Jayson Werth
PARTNERSHIP Randy Winn
PADRES, LP Chris Young
THE PHILLIES Kevin Youkilis
PITTSBURGH ASSOCIATES
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ROGERS BLUE JAYS BASEBALL
PARTNERSHIP
ST. LOUIS CARDINALS, LLC
SAN FRANCISCO BASEBALL
ASSOCIATES, L.P.
STERLING METS, L.P.
TAMPA BAY DEVIL RAYS, LTD.
TEXAS RANGERS BASEBALL
PARTNERS
WASHINGTON NATIONALS BASEBALL
CLUB, LLC
By By
Major League Baseball Donald M. Fehr,
Office of the Commissioner Executive Director
Robert D. Manfred, Jr.,
Executive Vice President
Labor and Human Resources
and Labor Counsel
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ATTACHMENT 1
Delivery and Availability of Player Contracts
The Office of the Commissioner will provide copies of all newly
signed and approved Uniform Player’s Contracts to the Association on
a quarterly basis. Contracts not yet approved or disapproved by the
Commissioner will be made available to the Association upon its
request.
ATTACHMENT 2
Donald M. Fehr, Esquire
Executive Director
Major League Baseball Players Association
12 East 49th Street
New York, New York 10017
Dear Don:
I understand that the Players Association has expressed concern that
the Commissioner might take some action pursuant to Article
XI(A)(1)(b) of the Basic Agreement which could negate rights of Play-
ers under the new Basic Agreement. While I have difficulty seeing that
this is a real problem, I am quite willing to assure the Association that
the Commissioner will take no such action.
Sincerely,
Allan H. Selig
Commissioner of Baseball
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ATTACHMENT 3
Robert D. Manfred, Jr., Esquire
Executive Vice President
Labor and Human Resources
Labor Counsel
Major League Baseball
Office of the Commissioner
245 Park Avenue
New York, New York 10167
Dear Rob:
As we have agreed, in cases in which the Arbitration Panel decides that
an award including interest is appropriate, the interest rate to be
applied shall be as calculated under Article XV(K) of the Basic Agree-
ment.
This letter shall not be admissible in an arbitration hearing for any pur-
pose other than the calculation of an appropriate interest rate.
Sincerely,
Donald M. Fehr
Executive Director
Major League Baseball Players
Association
ATTACHMENT 4
Safe and Healthful Working Conditions
This will set forth the understanding of the Parties that the Players
Association may properly file and pursue through arbitration a griev-
ance concerning safety and health.
It is further understood that the Parties will attempt to avoid grievances
on this subject by making every reasonable effort to utilize the Safety
and Health Advisory Committee provided for in Article XIII(A) of the
Basic Agreement.
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ATTACHMENT 5
Player’s Name
Club
Position
Date of Examination
Nature of Injury
Drop Down Choice Drop Down Choice
Body Side “Right or Left” Part of Body Injured “See Attached List”
cc: Player
Players Association
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AAXS LE 4/24/07 5:45, aaxs le 4/25/07 12:23, aaxs le 5/20/07 9:49
Nature of Injury Data Table
The following table represents the drop down menu items in the Nature
of Injury data section of the Disabled List Placement screen. The three
columns of the table (Body Part, Body Part Detail, and Diagnosis
Description) reflect the data elements available in the respective drop
down lists provided in the interface. Depending on the user’s selection
of Body Part, the Body Part Detail and Diagnosis Description fields
are populated. The second chart represents the associated drop down
data elements available in the Ailment drop down list. Body Part Detail
and Diagnosis Description for each Body Part will be sorted alphabet-
ically in all drop-down lists that correspond to the data in the two fol-
lowing tables.
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Body Part Body Part Detail Diagnosis Description
Arm/Elbow Elbow Fracture
Forearm Dislocation
Triceps Bone Spurs
Biceps Loose Bodies
Other Inflammation
Radial Nerve Injury
Ulnar Nerve Injury
Ulnar Collateral Lig. Injury
Muscle Injury
Tendon Injury
Contusion
Surgery
Other
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Body Part Body Part Detail Diagnosis Description
Chest/Back/Spine Back Inflammation
Cervical Spine Fracture
Thoracic Spine Facet Joint Problem
Chest Contusion
Ribcage Stenosis
Oblique Muscle Disk Injury/Disease
Lumbar Spine Nerve Injury
Sacrum Sciatic Nerve Irritation
Other Ligament Sprain
Muscle Strain
Muscle Spasm
Surgery
Other
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Body Part Body Part Detail Diagnosis Description
Lower Leg/Knee Knee Fracture
Calf Dislocation
Shin Patella Disease
Patella Dislocation
Patella Ligament Injury
Other Medial Collateral
Lateral Collateral
Anterior Cruciate
Posterior Cruciate
Medial Meniscus Injury
Lateral Meniscus Injury
Bursitis
Plica
Degenerative OA
Compartment Syndrome
Contusion
Laceration
Nerve Injury
Surgery
Chondromalacia
Tendinitis
Articular Cartilage Injury
Other
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Body Part Body Part Detail Diagnosis Description
Internal Organs Heart Inflammation
Kidney Aneurysm
Stomach Disease
Lungs Irregular Heartbeat
Other Stones
Hernia
Other
Ailment
Cancer
Glaucoma
Pneumonia
Appendectomy
Mumps
Chicken Pox
Measles
German Measles
Bell’s Palsy
Other
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ATTACHMENT 6
1. Have you ever been a patient in the hospital? (¿Alguna vez ha sido paciente en un hospital?) ( ) ( ) ( )
2. Have you ever had surgery? (¿Alguna vez ha tenido una operación?) ( ) ( ) ( )
4. Does your family have a history of? (¿Tiene un historial familiar de?):
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Don’t
YES NO Know
(Si) (No Sabe)
14. Have you ever been told you have a heart murmur? ( ) ( ) ( )
¿Alguna vez le han dicho que tiene un soplo en el corazón?
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Don’t
YES NO Know
(Si) (No Sabe)
24. Do you have hearing difficulties? ( ) ( ) ( )
¿Tiene difficultad para oir?
Do you have hearing aides? ( ) ( ) ( )
¿Tiene aparatos de audífono?
25. Do you have or have you ever had any other medical problems?
¿Tiene ahora o ha tenido algún otro problema medico?
Diabetes (Diabetes) ( ) ( ) ( )
Heart (Corazon) ( ) ( ) ( )
Pneumonia (Pulmonía) ( ) ( ) ( )
Tuberculosis (Tubercolosis) ( ) ( ) ( )
Thyroid disease (Enfermedades de la tiroides) ( ) ( ) ( )
Stomach ailments (Dolencias del estómago) ( ) ( ) ( )
Kidney problems (Enfermedades de los riñones) ( ) ( ) ( )
Appendicitis (Apendicitis) ( ) ( ) ( )
Lumps or cysts (Protuberancias o quistes) ( ) ( ) ( )
Frequent sinus infections (Infecciones sinusales frecuentes) ( ) ( ) ( )
Frequent sore throats (Dolores frecuentes de garganta) ( ) ( ) ( )
Rectal bleeding (Hemorragias por el recto) ( ) ( ) ( )
Rheumatic fever (Fiebre reumática) ( ) ( ) ( )
Asthma (Asma) ( ) ( ) ( )
Other(Otro) ____________________________________________________
____________________________________________________
____________________________________________________
28. Have you had any complications from anesthesia (being put to sleep for surgery)? ( ) ( ) ( )
¿Alguna vez ha tenido alguna complicacion bajo anestesia (cuando lo han puesto a dormir para alguna operacion)?
29. Are you missing any paired organs? ( ) ( ) ( )
¿Ha perdido algún organo de los que vienen en pares?
( ) Eyes (ojos)
( ) Kidneys (riñones)
( ) Testicles (testículos)
( ) Other (otro) ________________________________________________________
________________________________________________________
30. Have you ever had a hernia or hernia repair? ( ) ( ) ( )
¿Alguna vez tenido hernia o le han reparado una hernia?
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Don’t
YES NO Know
(Si) (No Sabe)
32. Do you use tobacco products? (¿Utiliza productos del tabaco?) ( ) ( ) ( )
( ) Cigarettes (cigarrillos)
( ) Cigars (habanos o puros)
( ) Chew smokeless tobacco or dip (mastica tabaco)
33. Do you drink alcohol? ( ) ( ) ( )
¿Toma alcohol?
34. Do you have or have you ever had?
¿Tiene o alguna vez ha tenido?
Cancer (Cáncer) ( ) ( ) ( )
Skin Cancer (Cáncer de la piel) ( ) ( ) ( )
Chicken pox (Varicela) ( ) ( ) ( )
Hepatitis (Hepatitis) ( ) ( ) ( )
Measles (Viruela) ( ) ( ) ( )
Mumps (Paperas) ( ) ( ) ( )
Mononucleosis (Mononucleosis) ( ) ( ) ( )
Dental:
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Waiver section
Player represents that all information provided by him in this report is correct to the best of his
knowledge.
El jugador afirma que toda la información que proporcionó en este reporte es correcta hasta
donde él sabe.
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Initial Orthopedic History Examination
Examen Inicial de Historial Ortopédico
2. If yes to question number one, what was the length of time from surgery until you reached your
pre-injury competitive level?
Si contestó “sí” a la pregunta uno, ¿cuánto tiempo transcurrió desde el momento de la operación hasta que volvió a
llegar a su nivel competitvo anterior a la operación?
3. Have you ever had an MRI, CT scan, bone scan or arthrogram? Yes (Si) ______ No ______
¿Alguna vez tuvo un examen de imagen de resonancia magnética, tomografía, escáner de los huesos o artrograma?
4. List any injuries, symptoms or illnesses that have ever caused you to miss playing time:
Enumere todas las lesiones, síntomas o enfermedades que le hayan causado perder tiempo de juego:
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5. List any treatments (therapy, injections, chiropractic care, medications, etc.) that you have had for any
injuries, symptoms or illnesses:
Enumere todos los tratamientos (terapia, inyecciones, atención quiropráctica, medicamentos, etc.) que haya tenido a causa de
lesiones, síntomas o enfermedades:
7. Are you currently physically able to perform all of the duties required in Professional Baseball?
¿Es capaz físicamente en este momento de desempeñar todos los deberes que se requieren en el béisbol profesional?
WAIVER SECTION
Player represents that all information provided by him in this report is correct to the
best of his knowledge.
El jugador afirma que toda la información que proporcionó en este reporte es correcta hasta
donde él sabe.
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Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Have you ever had any of the following?
¿Alguna vez ha tenido alguna de las siguientes dolencias?
Pre-Puberty (Pre-Pubertad)
Past 5 Years (Últ. 5 años)
Past Year (Último Año)
Currently (Ahora)
Yes (Si)
No
Select all that apply (Seleccione todas las que se apliquen):
NECK – Cervical Spine (CUELLO – Espina cervical)
Fracture (Fractura)
Facet Joint Problem (Probl. en la articulación de la carilla)
Stenosis (Estenosis)
Disk injury / Disease (Lesión/ Enferm. del disco)
Nerve Injury (Lesión del nervio)
Muscle Strain (Distensión muscular)
Muscle Spasm (Espasmo muscula)
Undiagnosed Pain (Dolor sin diagnóstico)
Identify Symptoms (Identifique los síntomas):
Other (Otro):
Identify (Identifique):
Other (Otro):
Identify (Identifique):
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Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Pre-Puberty (Pre-Pubertad)
Past 5 Years (Últ. 5 años)
Past Year (Último Año)
Currently (Ahora)
Yes (Si)
No
LOWER BACK – Lumbar Spine (Espina Dorsal Baja – Area Lumbar)
Fracture (Fractura)
Facet Joint Problem (Probl. en la articulación de la carilla)
Stenosis (Estenosis)
Spinal Fusion (Fusión de la espina)
Scoliosis (Escoliosis)
Disk injury / Disease (Lesión/ Enferm. del disco)
Nerve Injury (Lesión del nervio)
Sciatic Nerve Injury (Lesión del nervio ciático)
Muscle Strain (Distensión muscular)
Muscle Spasm (Espasmo muscular)
Epidural Injection (Inyección epidural)
Undiagnosed Pain (Dolor sin diagnóstico)
Identify Symptoms (Identifique los síntomas):
Other (Otro):
Identify (Identifique):
SACRUM (Sacro)
Fracture (Fractura)
Contusion (Contusión)
Other (Otro):
Identify (Identifique):
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Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Pre-Puberty (Pre-Pubertad)
Past 5 Years (Últ. 5 años)
Past Year (Último Año)
Currently (Ahora)
Right (Der.)
Left (Izq.)
Yes (Si)
No
SHOULDER (Hombro)
Dominance (Dominancia)
Fracture (Fractura)
Separation (Separación)
Dislocation (Dislocación)
Subluxation (Subluxación)
Labrum Injury (Lesión del borde)
Bicep Tendon Injury (Lesión del tendón del bíceps)
Rotator Cuff Tendonitis (Tendonitis del manguillo rotador)
Rotator Cuff Tear (Desgarre del manguillo rotador)
Impingement Syndrome (Síndrome de compresión)
Bursitis (Bursitis)
Nerve Injury (Lesión del nervio)
Injection (Inyección)
Surgery (Cirugía)
Undiagnosed Pain (Dolor sin diagnóstico)
Identify Symptoms (Identifique los síntomas):
Other (Otro):
Identify (Identifique):
ELBOW (Codo)
Fracture (Fractura)
Dislocation (Dislocación)
Bone Spurs (Protuberancias óseas)
Loose Bodies (Fragmentos sueltos)
Inflammation (Inflamación)
Radial Nerve Injury (Lesión del nervio radial)
Ulnar Nerve (Lesión del nervio ulnar)
Ulnar Coll. Lig. Injury (Lesión del ligamento coll. Ulnar)
Muscle Injury (Lesión muscular)
Flexion Contracture (Contracción de flexión)
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AAXS LE 4/24/07 5:45, aaxs le 4/25/07 12:23, aaxs le 5/20/07 9:49
Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Pre-Puberty (Pre-Pubertad)
Past 5 Years (Últ. 5 años)
Past Year (Último Año)
Currently (Ahora)
Right (Der.)
Left (Izq.)
Yes (Si)
No
ELBOW (cont'd) Codo (sigue)
Injection (Inyección)
Surgery (Cirugía)
Undiagnosed Pain (Dolor sin diagnóstico)
Identify Symptoms (Identifique los síntomas):
Other (Otro):
Identify (Identifique):
LOWER ARM, HAND & WRIST (Parte baja del brazo, mano, muñeca)
Fracture (Fractura)
Fracture Navicular (Fractura navicular)
Nerve Injury (Lesión del nervio)
Ligament Injury-Sprain (Lesión-Distensión del ligamento)
Muscle Injury-Sprain (Lesión-Distensión del músculo)
Carpal Tunnel Syndrome (Síndrome del túnel carpiano)
Ganglions (Ganglios)
Injection (Inyección)
Surgery (Cirugía)
Undiagnosed (Pain Dolor sin diagnóstico)
Identify Symptoms (dentifique los síntomas):
Other (Otro):
Identify (Identifique):
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AAXS LE 4/24/07 5:45, aaxs le 4/25/07 12:23, aaxs le 5/20/07 9:49
Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Pre-Puberty (Pre-Pubertad)
Past 5 Years (Últ. 5 años)
Past Year (Último Año)
Currently (Ahora)
Right (Der.)
Left (Izq.)
Yes (Si)
No
THIGHS (Muslos)
Restricted ROM Hamstrings (Restric. ROM de tendones de corva)
Restricted ROM Quadriceps (Restric. ROM de cuadríceps)
Hamstring Strain (Distensión del tendón de la corva)
Quadriceps Strain (Distensión del cuadríceps)
Multiple Quadricep Strain (Distensión múltiple del cuadríceps)
Multiple Hamstring Strain (Distensión múlt. del tendón de corva)
Ruptured Hamstring (Rotura del tendón de la corva)
Calcium Deposits (Depósitos de calcio)
Injections (Inyecciones)
Iliotibial Band Injury (Lesión de la banda iliotibial)
Undiagnosed Pain (Dolor sin diagnóstico)
Identify Symptoms (Identifique los síntomas):
Other (Otro):
Identify (Identifique):
KNEE (Rodilla)
Fracture (Fractura)
Patella Disease (Enfermedad de la rótula)
Patella Dislocation (Dislocación de la rótula)
Ligament Injury (Lesión del ligamento)
Medical Collateral (Colateral médico)
Laterial Collateral (Colateral lateral)
Anterior Cruciate (Cruciforme anterior)
Posterior Cruciate (Cruciforme posterior)
Medial Meniscus Injury (Lesión media de los meniscos)
Lateral Meniscus Injury (Lesión lateral de los meniscos)
Plica (Plica)
Bone Spurs (Protuberancias óseas)
Unexplained Swelling (Inflamación sin explicación)
Unexplained Giving Way (Falseos sin explicación)
Injection (Inyección)
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Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Pre-Puberty (Pre-Pubertad)
Past 5 Years (Últ. 5 años)
Past Year (Último Año)
Currently (Ahora)
Right (Der.)
Yes (Si)
No
KNEE (cont'd) Rodilla (sigue)
Surgery (Cirugía):
Anterior Cruciate Ligament (Ligamento anterior cruciforme)
Meniscus (Meniscos)
Patellofemoral (Patelofemoral)
Multiple Surgeries (Cirugías múltiples)
Articular Cartilage Injury
Other (Otro):
Identify (Identifique):
Other (Otro):
Identify (Identifique):
ANKLE (Tobillo)
Fracture (Fractura)
Multiple Fractures (Fracturas múltiples)
Disclocation (Dislocación Lesión del nervio)
Nerve Injury (Lesión del nervio)
Muscle Injury (Lesión muscular)
Achilles Tendon Injury (Lesión del tendón de Aquiles)
Ligament Injury-Sprain (Lesión/Distensión del ligamento)
Multi. Lig. Injury-Sprain (Lesión/Dist. de ligamentos múlt.)
High Ankle Sprain (Distensión en parte alta del tobillo)
Injection (Inyección)
Surgery (Cirugía)
Undiagnosed Pain (Dolor sin diagnóstico)
Identify Symptoms (Identifique los síntomas):
Other (Otro):
Identify (Identifique):
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Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Pre-Puberty (Pre-Pubertad)
Past 5 Years (Últ. 5 años)
Past Year (Último Año)
Currently (Ahora)
Right (Der.)
Left (Izq.)
Yes (Si)
No
FEET & TOES (Pies y dedos de los pies)
Fracture (Fractura)
Multi. Fractures (Fracturas múltiples)
Dislocation (Dislocación)
Heel Pain (Dolor en el talón)
Plantar Fasciitis (Fascitis de la planta)
Mid. Foot Injury (Lesión parte media del pie)
Fore Foot Injury (Lesión parte delantera del pie)
Turf Toe (Lastimadura de los dedos del pie)
Nerve Injury (Lesión del nervio)
Infection (Infección)
Injection (Inyección)
Surgery (Cirugía)
Undiagnosed Pain (Dolor sin diagnóstico)
Identify Symptoms (Identifique los síntomas):
Other (Otro):
Identify (Identifique):
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Orthopedic Ailments Checklist
Lista de Verificación de Dolencias Ortopédicas
Yes (Si)
No
Currently (Ahora)
Past Year (Último Año)
Past 5 Years (Últ. 5 años)
Right (Der.)
Left (Izq.)
Pre-Puberty (Pre-Pubertad)
Fracture (Fractura) T 2 3 4 5
Fracture (Fractura) T 2 3 4 5
Fracture (Fractura) T 2 3 4 5
Fracture (Fractura) T 2 3 4 5
Fracture (Fractura) T 2 3 4 5
Dislocation (Dislocación) T 2 3 4 5
Dislocation (Dislocación) T 2 3 4 5
Dislocation (Dislocación) T 2 3 4 5
150
Dislocation (Dislocación) T 2 3 4 5
Dislocation (Dislocación) T 2 3 4 5
Ligament Injuries (Lesiones en ligamentos) T 2 3 4 5
Ligament Injuries (Lesiones en ligamentos) T 2 3 4 5
Ligament Injuries (Lesiones en ligamentos) T 2 3 4 5
Thumb UCL Injury (Lesión carpiana del pulgar) Right (Der.) Left (Izq.)
Thumb UCL Injury (Lesión carpiana del pulgar) Right (Der.) Left (Izq.)
Infections (Infecciones) T 2 3 4 5
Infections (Infecciones) T 2 3 4 5
Infections (Infecciones) T 2 3 4 5
Surgery (Cirugía) T 2 3 4 5
Surgery (Cirugía) T 2 3 4 5
Surgery (Cirugía) T 2 3 4 5
Undiagnosed Pain (Dolor sin diagnóstico) T 2 3 4 5
Undiagnosed Pain (Dolor sin diagnóstico) T 2 3 4 5
Undiagnosed Pain (Dolor sin diagnóstico) T 2 3 4 5
Injections (Inyecciones) T 2 3 4 5
Injections (Inyecciones) T 2 3 4 5
Injections (Inyecciones) T 2 3 4 5
Other (Otras): T 2 3 4 5
Identify (Identifique):
Sincerely,
Donald M. Fehr
Executive Director
Major League Baseball Players
Association
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ATTACHMENT 8
Eugene D. Orza, Esquire
Chief Operating Officer
Major League Baseball Players Association
12 East 49th Street
New York, NY 10017
Dear Gene:
The Players Association has consistently maintained that a centralized
effort by the Office of the Commissioner and/or the Clubs to reduce the
number of Major League Clubs is a mandatory subject of bargaining
under the National Labor Relations Act (“NLRA”). The Clubs, on the
other hand, have consistently taken the position that such action is a
permissive subject of bargaining under the NLRA. Without resolving
this difference of opinion, the Parties have reached certain agreements
on this topic during the negotiations over a successor Basic Agree-
ment. Those agreements are reflected in Article XV(H) (Future Con-
traction) of the new Basic Agreement. The Parties agree, by this letter,
that their agreement on this topic and the bargaining that preceded it
shall not be used by either party as evidence that the topic is or is not
a mandatory subject of bargaining in any subsequent litigation, includ-
ing any grievance or NLRB proceeding.
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ATTACHMENT 9
Michael S. Weiner, Esquire
General Counsel
Major League Baseball Players Association
12 East 49th Street
New York, NY 10017
Re: Central Tender Letter
Dear Michael:
Pursuant to Article XX(A) of the Basic Agreement and paragraph 10(a)
of the Uniform Player’s Contract (“UPC”), the Clubs hereby tender
contracts to the following players for the term of the next year as
follows:
CLUB
Player Name Salary For Major Performance Salary For Minor Other
League Service Bonuses League Service
Finally, Exhibit 3 provides the addresses of the Players who were pro-
moted to a Major League roster for the first time this November and of
those Players who, according to our records, do not have a certified
Player Agent.
Sincerely,
Francis X. Coonelly
Senior Vice President,
General Counsel–Labor
Major League Baseball
Office of the Commissioner
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ATTACHMENT 10
This will set forth the understanding of the Parties regarding the last
paragraph of Article XX(A) of the Basic Agreement and, specifically,
the exercise of free agency rights by Players on Restricted, Suspended,
Disqualified, Ineligible, Voluntarily Retired or Military Lists:
1. A Player who properly has been placed on a Restricted List for
either failing to report to his Club or failing to contract with it, or
who properly has been placed on a Disqualified List for failure to
render his services to his Club, shall be eligible to become a free
agent as provided in Article XX, if otherwise qualified as set forth
therein. Upon becoming a free agent, such Player shall automatical-
ly be removed from the Restricted or Disqualified List and reinstat-
ed to active status.
2. A Player who properly has been placed on a Disqualified List
for a reason other than that stated in paragraph 1 above, or who
properly has been placed on a Suspended, Ineligible, Voluntarily
Retired or Military List, shall also be eligible to become a free agent
as provided in Article XX, but he shall not be eligible to sign or play
with a new Club until removed from such List and reinstated to
active status.
ATTACHMENT 11
This will set forth the understanding of the Parties regarding Article
XX(A) of the Basic Agreement and, specifically, the obligations of
Clubs to tender Contracts to and renew Major League Contracts of
Players on Restricted, Suspended, Disqualified, Ineligible, Voluntarily
Retired or Military Lists:
1. The Clubs’ obligations to tender and renew Contracts, as set
forth in paragraph 10(a) of the Uniform Player’s Contract, shall
apply with regard to any Player who, at the applicable time, is on a
Restricted List for either failing to report to his Club or failing to
contract with it, or is on a Disqualified List for failure to render his
services to his Club. Should a Club fail to so tender or renew a Con-
tract, the Player shall become a free agent without any restrictions
or qualifications, and he automatically shall be removed from the
Restricted or Disqualified List.
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2. With regard to any Player who is on a Disqualified List for a
reason other than that stated in paragraph 1 above, or is on a Sus-
pended, Ineligible, Voluntarily Retired or Military List, the Club
shall not be obligated to tender or renew a Contract until the Player
is removed from such List and reinstated to active status. If a Play-
er is removed from such List during a period beginning on Decem-
ber 10 and extending through the next championship season, the
Club shall tender a Contract to him within 10 days following such
removal. Thereafter, should the Club and the Player fail to agree
upon the terms of a new Contract within 10 days after the Player’s
receipt of the tendered contract, the Club shall be obligated, within
the next 5 days, to renew the Player’s prior Major League Contract;
provided, however, that if the tender is made during the period
beginning on December 10 and ending on the next March 1, the
renewal period shall be as set forth in paragraph 10(a) of the Uni-
form Player’s Contract. Should a Club fail to tender or renew a Con-
tract as provided in this paragraph, the Player shall become a free
agent without any restrictions or qualifications.
ATTACHMENT 12
This will set forth the understanding of the Parties regarding Article
XX(A), of the Basic Agreement:
With respect to a Minor League Player with no existing Major League
Contract, whose Minor League contract has been assigned to a Major
League Club, it is understood that the placing of such a Player on the
Major League Club’s Active Reserve List (40-man Roster) and the ten-
dering to such a Player of a Major League Contract without the neces-
sity of renewing the Minor League contract will provide the Major
League Club with reservation rights to such a Player. Thus, such a
Player will not become a free agent under Article XX(A)(2)(d), which
provides that a Player will become a free agent if his Club fails to exer-
cise its contract renewal rights, there being no prior Major League
Contract to renew.
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ATTACHMENT 13
Donald M. Fehr, Esquire
Executive Director
Major League Baseball Players Association
12 East 49th Street
New York, New York 10017
Re: Information Bank
Dear Don:
This is to confirm our understanding that during the term of this Agree-
ment the Clubs will not operate an Information Bank with respect to
free agents.
Sincerely,
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ATTACHMENT 14
CONFIDENTIALITY AGREEMENT
WHEREAS, the Major League Baseball Players Association (“the Asso-
ciation”) and the 30 Major League Clubs (“the Clubs”) have agreed
that certain financial information in the possession of the Clubs is rel-
evant to compliance with the Basic Agreement; and
WHEREAS, the Association and the Clubs have previously been parties
to Confidentiality Agreements under which the Association has gener-
ally restricted access to Documents (as defined below in paragraph 1)
only to individuals involved in particular projects (such as the litiga-
tion of the collusion cases and the 1985, 1990, 1994-1997, 2002 and
2006 collective bargaining negotiations);
Now, THEREFORE, the Clubs and the Association hereby agree as
follows:
1. Any documents pertaining to Club finances provided by the
Clubs in whatever form (including computer diskettes) to the Asso-
ciation pursuant to the new Basic Agreement, including actual and
projected revenue and expense data for individual Clubs, Club
financial questionnaires and individual Club financial statements,
industry consolidations of data (including Combined Summary of
Operations and Other Financial Information reports), copies of the
new national network, cable and radio agreements, and estimated
interim or final revenue sharing net payments and net receipts, will
be referred to as “Documents” or “the Documents.” All notes, stud-
ies, analyses and other internal work product prepared by or for the
Association, based in whole or in part on the Documents, will be
referred to as “the Work Product.”
2. The Association acknowledges that the Clubs consider the
Work Product to have elements of confidentiality about it. Accord-
ingly, the Association will act reasonably and responsibly and with
due regard for the privacy interests of the Clubs in making reports
or communicating with its membership and the public regarding the
Work Product.
3. The Documents will be deemed to be confidential subject to
the provisions of this Agreement, and the Association shall take
steps to protect the Documents in the same manner as the docu-
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ments received under prior Confidentiality Agreements or stipula-
tions between the parties.
4. The Documents will be used solely for the purpose of deter-
mining compliance with the new Basic Agreement and not for any
other purpose whatsoever, including but not limited to any individ-
ual Player contract negotiations and in connection with any griev-
ance not involving compliance with Article XXIV of the new Basic
Agreement.
5. The Documents may be disclosed only to the following
persons:
(a) outside attorneys retained in connection with determining
compliance with the new Basic Agreement and their associated
lawyers, legal assistants, secretarial and clerical personnel who
are engaged in assisting them;
(b) the Association staff;
(c) outside experts, including economists, statisticians,
accountants and their clerical assistants who are engaged in
assisting the Association in connection with determining compli-
ance with the new Basic Agreement; and
(d) individual Players and their agents, to the extent deemed
necessary by the Association, in connection with its role as the
collective bargaining representative.
6. The Association will establish appropriate procedures to
maintain orderly control over the Documents when in use by the
Association staff, outside attorneys, outside experts and individual
Players and their agents. The Association will only give photocopies
of the Documents to those described in paragraph 5 above to the
extent necessary for the purpose of determining compliance with the
new Basic Agreement and will maintain a record of any such pho-
tocopies. Any person described in paragraph 5 above who receives
from the Association photocopies of any of the Documents will exe-
cute an Acknowledgment, a copy of which is attached as Exhibit 1.
7. The Documents and all photocopies thereof shall be returned
to the Clubs within 30 days after a successor Basic Agreement to the
new Basic Agreement is executed by the Clubs and the Association,
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along with a written representation that no copies have been
retained. The Association shall be entitled to retain all Work
Product.
By: By:
Donald M. Fehr Robert D. Manfred, Jr.
Date: Date:
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EXHIBIT 1
ACKNOWLEDGMENT
The Major League Baseball Players Association and the Major League
Clubs have agreed that information such as that enclosed herewith is
to be considered confidential, consistent with the Confidentiality
Agreement executed by them, and shall be used solely for the purpose
of determining compliance with the new Basic Agreement and not for
any other purpose whatsoever. A copy of the Confidentiality Agree-
ment is also enclosed herewith.
The undersigned hereby acknowledges that he/she has read the Confi-
dentiality Agreement and agrees to be bound by these confidentiality
provisions.
Date:
ATTACHMENT 15
Sale of Club
In all instances of the sale, trade, exchange or other change or transfer
in the ownership of a franchise, all obligations owed to present or for-
mer Players arising under a Uniform Player’s Contract shall be the
obligation of the new ownership of such franchise.
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ATTACHMENT 16
Robert D. Manfred, Jr., Esquire
Executive Vice President
Labor and Human Resources
Labor Counsel
Major League Baseball
Office of the Commissioner
245 Park Avenue
New York, New York 10167
Dear Rob:
With respect to the scheduling of games, we have agreed as follows:
(1) Copies of the tentative championship schedules are to be
submitted to the Association for its review under Article V(B) of the
Basic Agreement and the Office of the Commissioner will use best
efforts to include the times of games;
(2) The Office of the Commissioner will promptly notify the
Association of proposed schedulings of the Hall of Fame Game and
proposed changes in the tentative championship schedules submit-
ted to the Association for its review under Article V(B) of the Basic
Agreement.
Sincerely,
Donald M. Fehr
Executive Director
Major League Baseball Players
Association
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ATTACHMENT 17
Donald M. Fehr, Esquire
Executive Director
Major League Baseball Players Association
12 East 49th Street
New York, New York 10017
Dear Don:
This letter is to confirm our understanding that Kevin Hallinan, Major
League Baseball’s Director of Security, will make available Baseball’s
resident agents to meet with a designated player representative and a
Club representative for each of the Clubs to discuss certain issues relat-
ed to family security at the ballparks, including but not limited to, play-
er and family parking, family seating and security and family rooms.
Sincerely,
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ATTACHMENT 18
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Assistant General Manager, Manager, Physicians and such medical
personnel as they may designate, Trainer and Assistant Trainer of the
Club or Clubs for which I have agreed (or may agree) to render play-
ing services during the period covered by this authorization and, sub-
ject to Article XIII(G)(4) of the Basic Agreement, the Office of the
Commissioner. In the event my UPC is optioned to a Minor League
affiliate of the Club, I also authorize, during the period of my optional
assignment, the disclosure of health information to the Club’s Farm
Director and to the Minor League affiliate’s Field Manager, Physicians
and such medical personnel as they may designate, and Trainer and
Assistant Trainer. In the event of any contemplated assignment of my
UPC to another Club or Clubs, I authorize, subject to Paragraph
6(b)(2) of that UPC, disclosure of my health information to the physi-
cians and officials (including, but not limited to, trainers) of such other
Club or Clubs.
4. In addition to the disclosure permitted in paragraph 3
above, I also authorize any health care provider with whom I have con-
sulted pursuant to Major League Baseball’s Joint Drug Prevention and
Treatment Program (“Program”) to disclose to members of the Health
Policy Advisory Committee (“HPAC”) health information about me
(including, but not limited to, drug test results) that is (or, during the
period covered by this authorization may be) in their possession, cus-
tody or control. It is my understanding that HPAC may only disclose
this information pursuant to the provisions set forth in Section 8 of the
Program.
5. My agreement herein is expressly conditioned upon the lim-
ited nature of the disclosures authorized. The disclosure of health
information pursuant to this authorization is solely for the purposes
specified in this authorization. The health information may not be dis-
closed to any person or entity other than those specified herein without
my express written consent. The health information may not be uti-
lized for any purpose other than that specified herein without my
express written consent. No person to whom or entity to which health
information is disclosed may re-disclose such information for any pur-
pose other than those specified herein, without my express written con-
sent. This authorization is further conditioned upon the express
understanding that neither the Major League Club to which I am under
contract nor any other Major League Club will assert that the disclo-
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sure of health information pursuant to this authorization other than for
the limited purposes specified herein constitutes a waiver of any right
to privacy or confidentiality with respect to that medical information
under federal or state law, or any regulation.
6. I acknowledge that the Health Insurance Portability and
Accountability Act (“HIPAA”) may not prevent the recipients of med-
ical information pursuant to paragraph 3 above from re-disclosing that
information. However, under Paragraph 6(b) of the UPC, these recipi-
ents may not disclose that information to any other person other than
as provided therein without my express written consent. I also
acknowledge that Club trainers may not be considered as bound by
HIPAA’s restrictions on disclosure of health information. Nothing in
these acknowledgements or this authorization shall be considered as a
waiver of any rights to privacy or nondisclosure of health information
that I may have under the Basic Agreement, the UPC, any state law
(which is not preempted by HIPAA), or any other federal law that are
not expressly waived by the disclosures permitted herein.
7. I understand that my refusal to sign this authorization will
not affect my ability to obtain treatment from [insert name of Club
physician]. I acknowledge, however, that, pursuant to Paragraph 6(b)
and Regulation 2 of the UPC to which I am (or, during the period cov-
ered by this authorization, may be) a party, I have agreed that I will fur-
nish and that [insert name of Club physician] and others may furnish
to the Club(s) referred to in Paragraph 6(b) and/or Regulation 2 all rel-
evant medical information relating to me, and further that my refusal
to authorize the furnishing of such information as provided for by
Paragraph 6(b) and/or Regulation 2 of my UPC may constitute a
breach of that contract.
8. I understand that I have the right to revoke this authoriza-
tion at any time, but that my revocation will not be effective to the
extent that any of the persons or entities (or classes of persons or enti-
ties) I have authorized to use and/or disclose my health information
have acted in reliance upon this authorization. My revocation must be
in writing and be sent to [insert name and address of Club physician].
I further understand that my right to revoke this authorization shall not
serve to excuse any failure on my part to comply with the provisions
of any UPC to which I am (or, during the period covered by this
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authorization, may be) a party, or any other agreement that may gov-
ern the terms and conditions of my employment as a player for a Major
League Baseball Club.
9. This authorization expires one year from the date it is
signed, unless previously revoked.
10. I acknowledge that I have received a copy of this authori-
zation.
Signature Date
Printed Name
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ATTACHMENT 19
UNIFORM REGULATIONS
B. Pants
1. Straps may not be attached to the bottom of the pants.
2. Shoes may not be laced through the pants.
3. The elastic string may not be completely removed from the
bottom of the pants.
4. The bottom of the pants may not be cut. Players wishing to
relax the elastic string must do so from inside the pants.
5. Pants may not extend below the top of the heel of spikes.
6. Pants may not be so baggy or otherwise sized or worn in such
a manner that may, in the umpire’s judgment, interfere with the
umpire’s ability to make calls or provide the Player with a com-
petitive advantage.
7. Pants pockets may not intentionally be untucked.
8. Every effort will be made to replace, in a timely fashion,
pants torn during the game.
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C. Jerseys
1. Jerseys, including sleeves, may not be so baggy or otherwise
sized or worn in a manner which may, in the umpire’s judgment,
interfere with the umpire’s ability to make calls or provide the
Player with a competitive advantage.
2. Sleeve length may not extend below the elbow.
3. Sleeves may not be cut.
4. Jerseys may not be unbuttoned below the bottom of the Club
logo.
5. Jerseys may not intentionally be untucked.
6. Under no circumstances may a jersey be ordered at or altered
to a length where it cannot properly be tucked in.
D. Undershirts
1. When any portion of a Player’s undershirt is visible, the Play-
er may only wear an undershirt that is in the Club’s primary color
or the heather gray color supplied by the Club.
2. No corporate identification or other logos of any kind are to
be visible on any part of the undershirt, except for any Club logo
or Major League Baseball silhouetted batter logo.
E. Outerwear
Players may not cut or in any way alter the Club-supplied outerwear.
F. Footwear
1. At least 51% of the exterior of each Player’s shoes must be
the Club’s designated primary shoe color and the portion of the
Club’s designated primary shoe color must be evenly distributed
throughout the exterior of each shoe.
2. Individual Clubs shall determine the Club’s shoe design and
color schemes. Players must wear shoes that are compatible with
their Club’s design and color scheme.
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3. Shoes with pointed spikes similar to golf or track shoes shall
not be worn.
4. Excessive and distracting flaps and laces on shoes, particu-
larly those on pitchers, are not permitted.
5. Players will not be allowed to change shoes while running
bases during any Major League game.
6. The addition of tape that is a color different than that of the
shoe is not permitted and, if used, will mean the Player, coach or
manager is out of uniform.
H. Permissible Alterations
1. Pant length alterations consistent with past practice and Sec-
tion B, above.
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2. Sleeve length alterations consistent with past practice and
Section C, above.
3. Tapering of pants and jerseys.
I. Wristbands
No Player is permitted to wear white wristbands or bandages, because
of the possible difficulty in distinguishing the baseball from the wrist-
band or bandage. This prohibition extends to white wristbands with a
stripe insufficient to permit the distinction.
J. Gloves
1. Any pitcher starting or entering a game wearing a colored
glove must wear a glove of the same color for the pitcher’s entire
participation in the game.
2. The pitcher’s glove may not, exclusive of piping, be white,
gray, nor, in the judgment of an umpire, distracting in any man-
ner. See Official Baseball Rule 1.15(a).
3. Any Player wearing a golf or batting glove underneath a play-
ing glove may not rub up balls for use by the pitcher.
K. Helmets
1. Each catcher shall wear a catcher’s protective helmet while
fielding the position. Provided that such protective helmet has
been approved by the Official Playing Rules Committee, a catch-
er may wear any protective helmet that conforms with past prac-
tice. See Official Baseball Rule 1.17 (NOTE).
2. All batting helmets must have the Major League Baseball sil-
houetted batter logo on the back of the helmet and may not
include any corporate logos.
3. Each bat/ball boy or girl shall wear a protective helmet while
performing his or her duties.
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L. Other
A catcher entering the on-deck circle as the next batter shall have
removed his shin guards before entering the on-deck circle.
M. Enforcement
The Vice-President, On-Field Operations shall enforce these Regula-
tions and impose discipline as set forth in Section N below. In addition,
umpires shall have the authority to enforce on the field those Regula-
tions that cover the traditional domain of umpires. (See Official Play-
ing Rule 1.16 (Casebook).)
N. Discipline
1. Players will be subject to the following discipline schedule
for violations of Attachment 19 to the Basic Agreement:
a. First violation: the Vice President, On-Field Opera-
tions will issue a Uniform Regulations Violation
Warning, setting forth the provision of the Uniform
Regulations that the Player has violated and specify-
ing that the Player will be subject to further discipline
if he does not immediately cease violating the Regu-
lations;
b. Second violation within the same Section of Attach-
ment 19 or regarding the same “Product” on the Uni-
form and Equipment Logo/ID Specifications: the Vice
President, On-Field Operations will issue a Notice of
Discipline, which levies a $1,000 fine and sets forth
the provision of the Uniform Regulations that the
Player has violated for the second time and specifies
that the Player will be subject to additional discipline
if he does not immediately cease violating the Regu-
lations;
c. Third violation within the same Section of Attachment
19 or regarding the same “Product” on the Uniform
and Equipment Logo/ID Specifications: the Vice Pres-
ident, On-Field Operations will issue a Notice of Dis-
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cipline, which levies a $5,000 fine and sets forth the
provision of the Uniform Regulations that the Player
has violated for the third time and specifies that the
Player will be subject to additional discipline if he
does not immediately cease violating the Regulations;
d. Fourth violation within the same Section of Attach-
ment 19 or regarding the same “Product” on the Uni-
form and Equipment Logo/ID Specifications: the Vice
President, On-Field Operations will issue a Notice of
Discipline, which levies a $10,000 fine and sets forth
the provision of the Uniform Regulations that the
Player has violated for the fourth time and directs that
the Player will not be permitted to play in champi-
onship season games (including Spring Training and
the post-season games, if applicable) until the Player’s
uniform is in compliance with the Regulations and the
Official Playing Rules.
2. The fine schedule set forth in Paragraph 1 above shall apply
no matter how much time has elapsed between violations.
3. Complaints involving discipline imposed upon a Player by
the Vice President, On-Field Operations for a violation of
Attachment 19 shall be subject exclusively to Article XI(C)
of the Basic Agreement. If the Vice President, On-Field
Operations imposes discipline consistent with Paragraph 1
above, the only issue before the Executive Vice President,
Administration shall be whether the Player committed
the violation alleged in the Notice of Discipline. If the
Executive Vice President, Administration finds that the
Player committed the violation alleged in the Notice of Dis-
cipline, the discipline shall be as set forth in the Notice of
Discipline. In cases involving discipline imposed under
Paragraph 1.c above, the Executive Vice President, Admin-
istration shall attempt to hear the appeal within two weeks
of the date on which it was filed. If the appeal cannot be
heard during that period due to the Player’s unwillingness
to participate in the city in which his Club is scheduled to
play or the Players Association’s inability to travel to such
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city, the appeal shall be heard by teleconference. If the
appeal cannot be heard during that period for any other rea-
son, the appeal shall be heard, in the city in which the Play-
er’s Club is scheduled to play, at the earliest available date.
In cases involving discipline imposed under Paragraph 1.d
above, the appeal shall be heard as soon as practicable in a
location that does not make the Player unavailable to play
or the city where the Player’s Club is scheduled to play, but
not later than 4 business days from the imposition of the
directive.
4. Notwithstanding the foregoing, the following will apply to
repeated or a single flagrant or provocative breach of
Attachment 19 involving an intentional impermissible alter-
ation, writing or illustration or other marking made by a
Player to any part of his uniform (including the cap and the
helmet, batter or catcher):
a. The Vice President, On-Field Operations may impose
fines at levels different from the levels reflected in
Paragraph 1 above. Complaints involving a fine
imposed upon a Player by the Vice President, On-
Field Operations that is greater than the amount set
forth in Paragraph 1 for such violation shall be subject
exclusively to Article XI(C) of the Basic Agreement
but the Player may challenge the level of discipline
imposed in addition to the fact that discipline was
imposed.
b. The Vice President, On-Field Operations may direct,
prior to the fourth such violation, that the Player will
not be permitted to play in championship season
games (including Spring Training and post-season
games, if applicable) until the Player’s uniform is in
compliance with the Regulations and the Official
Playing Rules. Complaints involving such a directive
shall be subject exclusively to Article XI(C) of the
Basic Agreement but the Player may challenge the
level of discipline imposed in addition to the fact that
discipline was imposed. The implementation of such a
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directive shall not be stayed by a Player’s appeal. A
Player’s appeal of such a directive shall be heard as
soon as practicable in a location that does not make
the Player unavailable to play or in the city where the
Player’s Club is scheduled to play, but not later than 4
business days from the imposition of the directive. A
Player precluded from play because of failure to com-
ply with such a directive shall not be paid for any
game missed as a result of such discipline; provided,
however, that such Player shall be made whole pur-
suant to Article XII(A) of the Basic Agreement if his
appeal of such discipline is upheld in full or in part.
c. The Vice President, On-Field Operations may not
impose any other discipline, including a suspension,
upon a Player for any such violation.
5. Fines issued by the Vice President, On-Field Operations for
any violations of the Uniform Regulations shall be payable
within two weeks from the date of the Notice of Discipline.
All fine payments (made payable to Major League Base-
ball) must be sent to the Department of On-Field Operations
at Major League Baseball.
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MAJOR LEAGUE BASEBALL
Uniform and Equipment Logo/ID Specifications
(For 2007 Implementation)
Proposed Number of
Product
Manufacturer’s Logo/ID Placements
1 sq. in.
Two
Catcher’s Face Mask (with no dimension less
(one front, one back)
than 1 inch)
1 sq. in.
Two
Catcher’s Helmet (with no dimension less
(one front, one back)
than 1 inch)
1 ½ sq. in.
Catcher’s Knee Support (with no dimension less One
than 1 inch)
1 ½ sq. in.
Catcher’s Shin Guard (with no dimension less One
than 1 inch)
1 sq. in.
Elbow Protector (with no dimension less One
than 1 inch)
1 sq. in.
Shin/Ankle Protector (with no dimension less One
than 1 inch)
2 sq. in.
One on each arm no
Wristbands (with no dimension less
higher than elbow
than 1 inch)
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Measurement. Whether a proposed corporate or manufacturer’s
logo/ID is within the permissible size described above shall be
determined by the industry practice known as the “leading edge
trailing edge standard.” This standard is as follows:
1. The “dimension” regulations referenced in the above chart
shall be applied by measuring from the leading edge of the logo
to the trailing edge of the logo and from the very top of the logo
to the very bottom of the logo.
2. Once the dimension regulation is satisfied, the number of
square inches of the logo shall be calculated using the geometric
formula for the closest approximate, standard geometric shape
(i.e., rectangle, square, circle).
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ATTACHMENT 20
Robert D. Manfred, Jr., Esquire
Executive Vice President
Labor and Human Resources
Labor Counsel
Major League Baseball
Office of the Commissioner
245 Park Avenue
New York, NY 10167
Dear Rob:
The Clubs, throughout this round of negotiations, have consistently
maintained that the Commissioner’s regulation of industry debt is not
a mandatory subject of bargaining under the National Labor Relations
Act. We, on the other hand, have consistently taken the position that it
is.
In furtherance of the negotiations on an overall Basic Agreement, you
have proposed changes to the debt regulations known as the Debt Ser-
vice Rule, contingent upon a prior acknowledgment by the Association
that the proposal and any discussion that it may generate, including
any subsequent counterproposals, are without prejudice to the Clubs’
legal position on bargainability.
The Association, by this letter, provides that acknowledgement. It
agrees that the proposal and discussions shall not be used as evidence
by the Association that the topic of debt regulation is a mandatory sub-
ject of bargaining in any subsequent litigation, including any grievance
or NLRB proceeding.
This acknowledgment and agreement is, of course, without prejudice
to the Association’s position that the topic is a mandatory one.
Sincerely,
Michael S. Weiner
General Counsel
Major League Baseball Players
Association
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ATTACHMENT 21
Michael S. Weiner, Esquire
General Counsel
Major League Baseball Players Association
12 East 49th Street
New York, NY 10017
Re: Debt Regulation
Dear Michael:
This letter will memorialize our additional understandings on debt reg-
ulation, and shall be considered an agreement between the Association
and the Clubs within the meaning of Article XI(A)(1)(a) of the Basic
Agreement.
First, the parties agree that the Panel cannot resolve disputes concern-
ing the meaning, interpretation or application of the Debt Service Rule
without resort to its bargaining history, in this or earlier bargaining
rounds, which reflects understandings that significantly inform the
meaning of the Rule as intended by the parties.
Second, our negotiations over and agreement to the Debt Service Rule
are both subject to the agreement reflected in Attachment 20. More-
over, the parties reserve their legal positions regarding the bargaining
status of any action taken by the Commissioner pursuant to Section 6.1
of the Debt Service Rule.
Third, it was the parties’ intention, in agreeing to the Debt Service
Rule, to ensure that each individual Club has or would have sufficient
resources to support its level of debt or proposed debt, as opposed to
an intention to limit or reduce the amount that the Clubs or a particu-
lar Club could spend on Player salaries.
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Fourth, during the term of this Agreement, and subject to Paragraph
6.1 of the Debt Service Rule, the Commissioner shall adopt no other
form of debt regulation.
Sincerely,
Office of the Commissioner
By:
Francis X. Coonelly
Senior Vice President,
General Counsel–Labor
Major League Baseball
Office of the Commissioner
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ATTACHMENT 22
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er, that any debt falling within this clause (4) shall not
become part of Total Club Debt until the first full season
of the operation of the new or renovated stadium for which
such debt was incurred; (5) loans or advances from relat-
ed parties, but only if those loans or advances are collater-
alized by the assets of the Club; and (6) any other debt that
is properly classified as an indebtedness of the Club under
generally accepted accounting principles, but excluding
(7) the Excludable Debt and (8) any compensation payable
to Major League Players, including deferred compensa-
tion or any other commitment under a Uniform Player’s
Contract, or any obligation to the Major League Baseball
Players Benefit Plan or the Industry Growth Fund. In
2007, “Excludable Debt” shall be the first thirty-six mil-
lion, five hundred thousand dollars ($36,500,000) in out-
standing debt from any of the sources described in clauses
(1)-(6) above and shall grow in each succeeding year by
the percentage growth in the industry’s total operating rev-
enue (as defined in Part I, Schedule I, Section A, Line 12
of the FIQ) from year to year.
(c) Cash Flow Multiplier. “Cash Flow Multiplier”
means the number to be multiplied by the average of a
Club’s EBITDA over the most recent two years (or, if the
Club has the made the election permitted in Section 1
above, the most recent three years) in order to determine
the maximum Total Club Debt that reasonably can be sup-
ported by that Club’s EBITDA. The Cash Flow Multiplier
shall be ten (10), except that any Club which incurs (or has
incurred within the last ten years) stadium-related debt to
finance construction of a new ballpark or the major reno-
vation of its existing ballpark may use a Cash Flow Mul-
tiplier of fifteen (15) for the first ten (10) fiscal years after
that ballpark’s opening or re-opening.
(d) Accounting Rules. Each Club’s reporting and
accounting practices relevant to an evaluation of its com-
pliance with the Debt Service Rule shall be subject to the
Commissioner’s review and approval. Moreover, effective
with the 2006 fiscal year, in any case involving off-bal-
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ance-sheet debt, the determination of whether the indebt-
edness shall be included in Total Club Debt under Section
2(b) above shall be made by an auditor retained by the
Office of the Commissioner, applying generally accepted
accounting principles on a consolidated basis. The Major
League Baseball Players Association (“Players Associa-
tion”) may seek review of the auditor’s determination by
the Arbitration Panel (see Article XI), in which case the
Panel shall show no deference to the auditor’s determina-
tion. Unless otherwise provided in this Rule, when
accounting for and reporting on Total Club Debt and
EBITDA for purposes of the Debt Service Rule, the Clubs
shall comply with the revenue and expense definitions and
the accounting conventions, policies and practices reflect-
ed in the then-current version of the FIQ. The Commis-
sioner reserves the right to modify the FIQ reporting
requirements as they relate to the Debt Service Rule. The
Players Association may seek review of all accounting rul-
ings made by the Commissioner (or any Committee or
outside accounting or other expert assisting him), in con-
nection with the Rule by the Arbitration Panel in which
case the Panel shall show no deference to the Commis-
sioner’s rulings.
Section 3. Annual Compliance Certification; Commissioner
Enforcement.
3.1 Annual Compliance Certifications. By the date each
Club must provide its final FIQ and audited financial
statements for each fiscal year, each Club shall also sub-
mit to the Office of the Commissioner, as an attachment to
its final FIQ, a written certification from its chief execu-
tive officer that either:
(a) the Club complied with the Debt Service Rule dur-
ing the fiscal year reported in the accompanying FIQ; or
(b) the Club did not comply with the Debt Service Rule
during the fiscal year reported in the accompanying FIQ.
3.2 Enforcement by Commissioner. The failure of a Club
to comply with the Debt Service Rule in a fiscal year shall
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subject the Club and/or any owner of the Club to any or all
of the remedial measures (“Remedial Measures”) set out
in Section 4 below until the Club achieves compliance
with the Debt Service Rule.
3.3 Exemption from Compliance. Clubs with Total Club
Debt below the level of Excludable Debt are exempt from
the compliance process (but still must adhere to the certi-
fication requirement of Section 3.1 above and the financial
reporting obligations established by the Office of the
Commissioner, the latter of which are described in Attach-
ment 23).
Section 4. Remedial Measures for Non-Compliance. The Commis-
sioner may, after consultation with the Players Association
pursuant to Section 6.4(d) below and consistent with Sec-
tion 5 below, impose any or all of the following Remedial
Measures on any Club and/or any owner of a Club for a
Club’s failure to comply with the Debt Service Rule:
(a) Require the Club to submit, for the Commissioner’s
review and approval, a written plan for achieving compli-
ance with the Debt Service Rule (the “Compliance Plan”).
Each Compliance Plan shall identify the fiscal year during
which the Club proposes to achieve compliance and the
specific steps the Club intends to take to bring the Club
into compliance with the Debt Service Rule;
(b) Require the Club to consult with the Commission-
er prior to entering into any contract with a term of more
than five (5) years (except that this Section 4(b) shall not
apply to any Uniform Player’s Contract with a Major
League Player);
(c) Prohibit the Club from incurring any additional
Club Debt (as defined in this Rule) without the approval
of the Commissioner;
(d) Require the Club to reduce some or all of its out-
standing debt by raising additional equity on whatever
terms the Commissioner deems appropriate;
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(e) Prohibit the Club from making any capital expendi-
tures without the approval of the Commissioner;
(f) Require the Club to perform or refrain from any
other action that the Commissioner deems necessary in
order to ensure that the Club brings its Total Club Debt
into compliance with the Debt Service Rule;
(g) Retention by the Commissioner of all or any por-
tion of the Club’s share of: (i) the Central Fund, and/or (ii)
gate receipts from the Division Series, League Champi-
onship Series and World Series, so that such retained
funds may be held in escrow and used as directed by the
Commissioner to reduce the Club’s outstanding debt, sub-
ject to the Club’s existing obligations to players and sub-
ject to contractual obligations to third parties made by the
Club in good faith before the Club had notice of the pro-
posed adoption of the Debt Service Rule;
(h) Reservation by the Commissioner of the power to
approve a Club’s general and administrative expenditures,
including, without limitation, the power to approve and/or
limit individual line items in a Club’s annual budget;
(i) Limit, or suspend, the Club’s ability to obtain addi-
tional financing under the Major League Baseball industry
credit facility and/or any other line of credit or financing
arrangement obtained on behalf of that Club or on behalf
of all Clubs by the Office of the Commissioner;
(j) Suspend the benefit of the Major League Rules,
such as selection rights available to the Club under Major
League Rule 5, except that any suspension of the Club’s
rights under Major League Rule 4 shall not affect the
assignment of the selection rights that the Club would lose
or gain in connection with a player signing as provided in
any collectively bargained agreement then in effect
between the Clubs and the Players Association;
(k) Deny the Club’s right to be represented at Major
League meetings and/or deny representation on Major
League Committees;
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(l) Suspend individual executive or ownership person-
nel of the Club;
(m) Impose monetary sanctions against individual
executive or ownership personnel of the Club;
(n) Any other measures or sanctions which the Com-
missioner has the power to impose on a Club or Club
owner pursuant to the Major League Constitution;
(o) Any sanction which the Major League Clubs may
impose upon another Club or Club owner under the Major
League Constitution, if the imposition of such a sanction
is duly authorized by the vote of the Major League Clubs
in the manner required by the Major League Constitution;
and/or
(p) Require ownership to guarantee the Club’s debt
service for the next three years, without recourse to the
Club.
Subject to liquidity concerns that the Commissioner
may have, mandatory debt reduction (see subparagraphs
(c) and (d) above) shall be the preferred Remedial Mea-
sure.
Section 5. Remedial Considerations. In developing a set of Reme-
dial Measures for a Club under Section 4 above, the Com-
missioner shall consider the following factors:
(a) As an initial matter, the Commissioner must assess
the Club’s general creditworthiness as reflected in the
availability of credit to the Club in commercial markets
(through measures such as but not limited to the terms on
which it holds debt and the willingness of the Club’s indi-
vidual lenders to attest to their confidence that the Club
will be able to satisfy its obligations as they become due)
and in the asset value of the Club in relation to the absolute
level of the Club’s debt;
(b) The Club’s record of compliance with the Rule
over the preceding three years;
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(c) The Club’s projection of compliance or non-com-
pliance over the three-year planning period in conjunction
with the Club’s past history of accurately projecting com-
pliance or non-compliance;
(d) The occurrence of factors affecting the industry
which have affected the ability of all Clubs to comply with
the Debt Service Rule such that there has been a signifi-
cant increase in the number of non-compliant Clubs; and
(e) The capacity and willingness of the owner or own-
ers to guarantee debt service for the next three years, with-
out recourse to the Club.
Section 6. Miscellaneous
6.1 Further Regulations; Amendments. The Commission-
er shall issue further regulations and policies concerning
the implementation, interpretation, administration and
enforcement of this Debt Service Rule as he deems appro-
priate. In addition, the Commissioner may amend or oth-
erwise modify the rules, definitions and policies set out in
this Debt Service Rule as he deems appropriate. Prior to
taking any action pursuant to this Section 6.1, the Office
of the Commissioner shall provide the Players Association
with notice of such contemplated action pursuant to Arti-
cle XVIII of the Basic Agreement.
6.2 Notice to Third Parties. All Clubs shall give appropri-
ate written notice to affected third parties of the require-
ments of the Debt Service Rule before entering into any
contract with such parties that reasonably might be affect-
ed, as to either execution or performance, by the Commis-
sioner’s exercise of his powers under this Debt Service
Rule.
6.3 Prohibited Remedial Measures. The Commissioner
shall not, in exercising his authority under Section 4
above, attempt to influence or interfere with any Club
decision regarding a Major League Player’s contract,
reserve status or roster status. Moreover, the Commission-
er shall take no action directed at preventing a Club from
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establishing its Major League Player payroll budget at a
level that the Club deems appropriate.
6.4 Players Association’s Right To Information. The
Office of the Commissioner shall provide the Players
Association with the following information:
(a) EBITDA, Total Club Debt and total allowable debt
(two- or three-year average EBITDA multiplied by the
applicable Cash Flow Multiplier) calculations for each
Club, at the time the Office of the Commissioner provides
FIQs to the Players Association pursuant to Article
XXIV(D)(2) of the Basic Agreement and at any time as
such calculations may be provided to the Commissioner
on an interim or forecast basis prior to the Clubs’ FIQ sub-
missions;
(b) Compliance Plans submitted to the Commissioner
pursuant to this Rule, within seven days of receipt by the
Office of the Commissioner;
(c) Correspondence from the Office of the Commis-
sioner or a Club in connection with the operation of Sec-
tion 4 above, within seven days of the Office of the
Commissioner’s transmittal or receipt of such correspon-
dence;
(d) Drafts of proposed correspondence to Clubs impos-
ing Remedial Measures pursuant to Section 4 above.
Within ten (10) days of providing such drafts, the Office
of the Commissioner shall meet with the Players Associa-
tion to discuss the Remedial Measures contemplated by
the Commissioner;
(e) Any documents and/or other information provided
to the Players Association pursuant to this Section 6.4
shall be covered by the parties’ Confidentiality Agree-
ment (see Attachment 14); and
(f) The Office of the Commissioner must notify the
Players Association of any changes in the central debt
agreements.
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6.5 Sale Transactions. In all transactions involving the sale
or transfer of a control interest in a Club, the Commis-
sioner must certify to the Clubs and to the Players Associ-
ation that the level of debt undertaken in connection with
the acquisition or transfer will not create a persistent
inability of the Club to comply with the requirements of
the Debt Service Rule. As part of that certification, the
Commissioner, within 30 days of approval of the transac-
tion, will provide to the Players Association the new Club
ownership’s Long Term Plan for Debt Service compliance.
6.6 Reopener; Right To Strike. In the event of an increase
in the maximum debt available to an individual Club
under the industry credit facility of greater than 30 per-
cent, measured off an amortized basis, the Players Associ-
ation may reopen this Agreement, upon the giving of 10
days’ written notice, with reference solely to the level of
Excludable Debt. If negotiations in good faith following
such reopener do not produce an agreement, the Players
Association’s will have the right to strike over the topic of
the level of Excludable Debt. This grant of the right to
strike is without prejudice to the parties’ respective posi-
tions as to whether the Rule is a mandatory topic of bar-
gaining and to any other assertions the Clubs may have
that such a strike would otherwise be illegal.
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ATTACHMENT 23
Donald M. Fehr, Esquire
Executive Director
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Re: Multi-Purpose Financial Reporting Process
Dear Don:
The Clubs are required to submit financial information to the Office of
the Commissioner for multiple purposes, including the administration
of the Revenue Sharing Agreement, the Debt Service Rule and the
Umpire Assessment and for general business monitoring. The current
reporting schedule is as follows:
1. Year End Financial Information Questionnaires and Audit-
ed Financial Statements are due 90 days after the conclu-
sion of the Club’s fiscal year.
2. Long Range Plans are due on April 30.
3. Interim Financial Information Questionnaires, including
calculations of NDLR, are due on May 15, July 15, Sep-
tember 15 and November 15.
4. Long Range Plan updates are due on December 15.
5. Season ticket and single game advance sales are reported as
of February 28 and opening day.
6. Per game gate receipts detail is submitted following each
home stand for Umpire Assessment tracking.
7. Supplemental Information Questionnaires are due on June
30 for non-financial survey data compilation.
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The Office of the Commissioner will provide advance notice to the
Players Association in the event any changes are made to the reporting
schedule outlined herein.
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ATTACHMENT 24
Donald M. Fehr, Esquire
Executive Director
Major League Baseball
Players Association
12 East 49th Street
New York, New York 10017
Dear Don:
Absent a prior unconditional release, a Club that has agreed to Major
League terms in a Minor League Uniform Player Contract (“Minor
League UPC”) may not sign a player to a Major League Uniform Play-
er’s Contract (“Major League UPC”) with terms that are less favorable
to the player than those Major League terms for that season included
in the Minor League UPC. Notwithstanding the definitions of “Player”
and “Grievance” in Article XI, a player (and the Association) may
enforce this right in the Grievance Procedure. Our agreement to allow
such matters to be heard in the Grievance Procedure does not, howev-
er, reflect an agreement that Minor League UPCs may be enforced in
the Grievance Procedure or are a mandatory topic of bargaining and
the Association, without prejudice to its legal positions, agrees that this
letter shall not be used as evidence in any effort to support either
proposition.
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ATTACHMENT 25
Donald M. Fehr, Esquire
Executive Director
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Don:
This letter will confirm certain agreements between the Parties. These
agreements are subject to the Parties’ respective rights and obligations
under Article V(A) of the Basic Agreement.
The rules and procedures regarding qualification for the post-season,
post-season matchups and post-season scheduling shall be as set forth
in Major League Rules 33, 34 and 37. (We acknowledge that the
Commissioner’s determination of procedures to break any ties that
are not otherwise provided for, as stated in Major League Rule 33(c),
is subject to the agreement of the Major League Baseball Players
Association on such procedures.)
Sincerely,
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ATTACHMENT 26
Performance Factors
Performance
Club Performance Factors
Factor NDLR
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ATTACHMENT 27
Tax Scenarios
07 22.5 07 40 07
08 08 08 30
09 22.5 09 30 09
10 10 10 30
11 22.5 11 30 11 40
07 22.5 07 40 07
08 08 08 30
09 09 09 40
10 22.5 10 22.5 10
11 30 11 30 11 30
07 22.5 07 40 07 40
08 08 08
09 22.5 09 30 09
10 30 10 40 10
11 40 11 40 11 22.5
07 22.5 07 40 07
08 30 08 40 08
09 09 09 22.5
10 30 10 30 10
11 40 11 40 11 22.5
07 22.5 07 40 07
08 30 08 40 08
09 40 09 40 09
10 10 10 22.5
11 30 11 30 11 30
07 22.5 07 07
08 08 30 08
09 09 09
10 10 10
11 22.5 11 22.5 11 22.5
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ATTACHMENT 28
Eugene D. Orza, Esquire
Chief Operating Officer
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Gene:
As set forth in Article XV(N) of the Basic Agreement, the parties have
agreed to award the Club representing the League that wins the All-
Star Game home field advantage in that year’s World Series. In fur-
therance of this agreement, the Office of the Commissioner, in the
years covered by the 2007 Basic Agreement, shall:
1. Contribute $600,000 to the Players Trust on or before July
31, 2007; $650,000 to the Players Trust on or before July 31
in each year in 2008, 2009 and 2010; and $700,000 to the
Players Trust on or before July 31, 2011;
2. Arrange, as part of the presentation of each year’s Home
Run Derby, at least one one-minute or longer Player inter-
view during ESPN’s actual broadcast of the Derby, the
focus of which interview shall be on Trust activities. The
Player interviewed will also be offered the opportunity to
continue the discussion during a brief period of the compe-
tition. Players Association personnel will be available for
consultation with ESPN prior to the interview; and
3. Arrange, as part of the presentation of the All-Star Game, a
meaningful promotion of the Trust during FOX’s broadcast
of the All-Star Game through the broadcast of a promotion-
al highlight of Trust activities. Players Association person-
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nel will be available for consultation with FOX prior to the
promotion.
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ATTACHMENT 29
Donald M. Fehr, Esquire
Executive Director
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Don:
This letter will memorialize our agreement on a topic discussed during
our negotiations over the 2007 Basic Agreement.
1. Beginning with the 2007 season, and continuing until Offi-
cial Playing Rule 1.10 is amended, a bat used in a Major
League game shall not be less than 16/19th of an inch in
diameter at its thinnest part and the differential between a
bat’s length (in inches) and its weight (in ounces) shall not
be greater than positive 3 ½; provided, however, that a Play-
er who used a bat during the 2006 season which is not in
compliance with these specifications may continue to use
that bat until Official Playing Rule 1.10 is amended.
2. The bargaining parties (“Parties”) shall refer to the Article
XIII(A) Safety and Health Advisory Committee (“Commit-
tee”) the issue of Player and fan safety in terms of broken
bats and batted or thrown balls. The referral to the Com-
mittee shall include, but not be limited to, consideration of:
(a) changes to Official Playing Rule 1.10 or other rules that
would limit the occasions in which bats break and/or alter
the manner in which they break; and (b) the feasibility of
extending the netting in the stands or adding other protec-
tive measures to Major League ballparks with appropriate
consideration for the impact of such measures on the fan
experience at the ballpark. Either Party may suggest that
the Committee consider other rule changes and/or other sta-
dium design measures that are consistent with the referral.
3. For purposes of consideration of this referral, the Commit-
tee shall consist of an equal number of members appointed
by the Players Association and the Office of the Commis-
sioner.
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4. The Committee shall have the authority, by unanimous con-
sent, to retain outside experts in the area of bats, netting,
ballpark design or other areas pertinent to the referral, to
study issues relevant to the referral and/or to provide expert
analysis of such issues. Any costs associated with the reten-
tion of any such outside expert shall be borne by the Office
of the Commissioner.
5. No later than December 15, 2006, the Committee shall hold
its first meeting and shall thereafter meet as it deems appro-
priate to enable it to make its recommendations, if any, to
the Parties not later than December 15, 2007.
6. Consistent with Article XIII(A)(3), the Committee “shall
only have advisory authority and it shall not have the power
to impose its views or recommendations upon the Parties.”
The Parties shall, however, meet within 30 days of the
issuance of the Committee’s recommendations, if any, in an
effort to reach agreement on changes that would improve
Player and fan safety with appropriate consideration for the
impact of such measures on the fan experience at the ball-
park.
7. Nothing herein shall diminish the Clubs’ rights under Arti-
cle XVIII to propose changes to the Official Playing Rules
on or after January 15, 2011, and to put such changes into
effect if the Parties fail to reach agreement on such pro-
posed changes and nothing herein shall diminish the
MLBPA’s right to pursue under the Grievance Procedure a
challenge to any such implementation or any other claim
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that it otherwise may have related to the topic of the refer-
ral.
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ATTACHMENT 30
Eugene D. Orza, Esquire
Chief Operating Officer
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Gene:
I am writing to confirm certain understandings we have reached with
respect to potential or actual losses incurred in connection with events
that constitute “international play” within the meaning of Article
XV(J) of the Basic Agreement.
In addition, the parties agree that, in order to fully develop the game
internationally, it may be necessary to undertake some projects that
will almost certainly be unprofitable. With respect to such projects, the
parties will agree in advance as to responsibility for and methods of
funding losses on such projects. For example, such losses could be
borne by some combination of the bargaining parties, the Industry
Growth Fund and WBCI.
It is also conceivable that an event, expected to be profitable, could
turn out to be unprofitable. The parties recognize a joint responsibility
for such losses. The Clubs, however, understand that the MLBPA will
have to fund its portion of such losses out of future event proceeds or
other future concessions of value to the Clubs.
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ATTACHMENT 31
Michael S. Weiner, Esquire
General Counsel
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Michael:
This will memorialize our agreement regarding the calculation of cost
of living adjustments (“COLAs”) under the Basic Agreement. Specif-
ically, we have agreed to round the fractions utilized to calculate
COLAs to five decimal places to the right of the decimal point (or
three places, if the fraction is expressed as a percentage).
Sincerely,
Francis X. Coonelly
Senior Vice President,
General Counsel–Labor
Major League Baseball
Office of the Commissioner
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ATTACHMENT 32
Michael S. Weiner, Esquire
General Counsel
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Michael:
This will confirm our agreement that the proper approach to calculat-
ing the number of days that a Player is on optional assignment for
purposes of calculating Major League service under the Basic Agree-
ment is as follows:
1. Players who are optioned and then designated for assign-
ment while on option—The optional assignment date
counts as day one of the option and the designated for
assignment date is counted as the last day of the optional
assignment.
2. Players who are optioned and then released while on option
—The optional assignment date counts as day one of the
option and the date that the player is released from the 40-
man roster is counted as the last day of the optional assign-
ment.
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the recall takes place after the start of any Minor League game in
which the Player was eligible to play.
Sincerely,
Francis X. Coonelly
Senior Vice President,
General Counsel–Labor
Major League Baseball
Office of the Commissioner
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ATTACHMENT 33
Donald M. Fehr, Esquire
Executive Director
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Don:
This will memorialize our agreement with respect to media access to
the Clubhouse. Following discussion at the bargaining table, the Office
of the Commissioner amended its Regular Season Club/Media Regu-
lations (“Media Regulations”) to prohibit media access to the Club-
house prior to 3 ½ hours before game time and within one hour of
game time and to codify the practice relating to when exceptions are
permitted to the rule providing media access to the Clubhouse ten min-
utes following the final out of the game. The Clubs have agreed to
maintain these two amendments to the Media Regulations during the
term of the 2007 Basic Agreement. Moreover, the Clubs have agreed
that the MLBPA has the right to grieve an asserted violation of these
two amended regulations. Nothing in this agreement shall alter what-
ever right the MLBPA may have (or may not have) to challenge under
Article XI any other asserted violation of the Media Regulations, and
this agreement is without prejudice to the parties’ respective legal posi-
tions on that issue.
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ATTACHMENT 34
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5. Clubhouses, the dugouts and the field are off-limits except to
appropriate club, Commissioner’s Office personnel and media
bearing appropriate credentials. Club credentials are not to be
issued to unauthorized personnel. The Commissioner’s Office
reserves the right to revoke inappropriately issued credentials.
6. Players will be available to the media before and after games for
interviews. These periods should not be limited except for the pre-
game period described in #1 above, and the post-game period
described in #2, above. Upon request by the media, players who
had key roles in the first game of a doubleheader are to be made
available for a time between games.
7. The trainer’s room and players’ lounge may be off-limits to the
media, but each club controls these areas, and it is vital these areas
not be used as a sanctuary for players seeking to avoid the media.
It is very important to our game that ALL players are available to
the media for reasonable periods and it is the player’s responsi-
bility to cooperate.
8. Ropes or other restraining barriers are not permitted to bar the
media.
9. A general code is to be observed by the media so uniformed per-
sonnel may do their work unimpeded. Media are to be allowed in
foul territory, in an unrestricted manner, in an area that is to be not
less than the territory between first and third bases, and which ter-
ritory includes the area around the batting cage, except the dirt
area around the batting cage.
10. Under no circumstances shall any club discriminate in any fash-
ion against an accredited member of the media based upon race,
creed, sex or national origin.
11. Physical abuse or threats directed to members of the media
(and/or official scorers) by baseball personnel will not be tolerat-
ed. Disciplinary action, including fines and suspensions, will be
considered in any cases that arise. While in the clubhouse, mem-
bers of the media are expected to be doing business. Members of
the media are expected to conduct themselves in a professional
manner and to respect the privileges and environment of restrict-
ed areas and working press areas at all times. Any media member
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in violation of this conduct policy is subject to revocation of his
or her privileges and may be subject to immediate ejection.
12. Visitors in the clubhouse, including accredited media members,
should conduct themselves in a professional manner. There shall
be no seeking of autographs, no touching or removing of equip-
ment or personal items from lockers, and no sampling of players’
food spreads. Clubhouses are work places. Clubhouse business
should be conducted as expeditiously as possible with a minimum
of disruption of regular game routines.
13. Live TV and/or radio interviews with uniformed personnel during
the course of a game are not authorized or permitted, nor is attach-
ing a microphone to any uniformed personnel permitted without
approval from the Commissioner’s Office. Microphones may not
be placed in or adjacent to dugouts and/or bullpens in a manner
that will allow uniformed personnel’s remarks or conversations to
be overheard during the course of a game without the prior
approval of the Commissioner’s Office.
14. Live telephone interviews are not allowed from the clubhouse or
the field without prior approval of the club. Mobile telephones
with digital photography capabilities are prohibited.
15. Telephones from both dugouts to the press box are to be main-
tained in working order for the purpose of providing information
regarding special circumstances to the media during the course of
a game. Explanations of injuries should be made as soon as pos-
sible (to both the media and fans in the stadium).
16. BBWAA members are not required to sign in for clubhouse or
other restricted area access but may be logged in by club person-
nel, subject to individual club policies. Other accredited media
may be required to sign in for clubhouse access, subject to indi-
vidual club policies.
17. Any club whose personnel violate these regulations will be disci-
plined. Any member of the media who violates these regulations
will lose his or her accreditation.
# # #
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ATTACHMENT 35
Donald M. Fehr, Esquire
Executive Director
Major League Baseball
Players Association
12 East 49th Street
New York, NY 10017
Dear Don:
This letter will memorialize certain understandings that the Parties
have reached during the negotiations over a successor to the 2003-
2006 Basic Agreement. This letter shall be admissible in any arbitra-
tion hearing involving an issue addressed herein.
A Club has the right under Regulation 2 of the Uniform Player’s Con-
tract (“UPC”) to designate the doctors and hospitals furnishing med-
ical care and hospital services to a Player for injuries sustained in the
course and within the scope of his employment under his UPC. A Play-
er is entitled under Article XIII(D) of the Basic Agreement to go to a
doctor on the second medical opinion list for diagnosis and a second
medical evaluation of an employment related illness or injury being
treated by the Club physician. The Parties have had a disagreement
regarding Club and Player rights when a second medical opinion doc-
tor and a Club physician disagree on the appropriate course of treat-
ment for a Player’s employment related injury. Without attempting to
resolve this disagreement, the Parties will continue to attempt to avoid
disputes that might otherwise arise between Players and Clubs in this
area by, among other things, urging their constituents to agree upon a
qualified third physician expert in the appropriate medical specialty
who would resolve the dispute between the Club physician and the sec-
ond medical opinion doctor as to the appropriate course of treatment.
There have been other circumstances in which the Club physician and
a Player’s second medical opinion doctor agree that a particular sur-
gery is the appropriate course of treatment but the Player and Club dis-
agree as to who should perform the surgery. While the Club has the
right to designate the doctors and hospitals when a Player is undergo-
ing a surgery for an employment related injury, the Clubs understand
the importance of a Player being comfortable with the physician per-
forming any such surgery. As a result, the Office of the Commissioner
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will continue to advise Clubs that they should take a Player’s reason-
able preferences into account when designating doctors to perform sur-
gery under Regulation 2. As part of this commitment, the Office of the
Commissioner will advise the Clubs that in no event should they force
a Player to have a surgery performed by the Club physician but should
instead, in any case in which a Player has objected to the surgery being
performed by the Club physician, designate another physician to per-
form the surgery.
Finally, disputes have also arisen with respect to which travel costs are
appropriately considered part of the “reasonable medical expenses” for
which a Club is responsible under Regulation 2 of the UPC. The Office
of the Commissioner recognizes that “reasonable medical expenses”
include actual and reasonable travel costs associated with required fol-
low-up examination(s) with the surgeon who performed covered sur-
gery. The Association, on the other hand, recognizes that “reasonable
medical expenses” would not include travel costs incurred by a Player
to see a doctor for routine examination(s) that could have been appro-
priately performed by a local doctor designated by the Club.
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SCHEDULE A
MAJOR LEAGUE
Recital
The Club is, along with other Major League Clubs, signatory to the
Major League Constitution and has subscribed to the Major League
Rules.
Agreement
In consideration of the facts above recited and of the promises of each
to the other, the parties agree as follows:
Employment
1. The Club hereby employs the Player to render, and the Player
agrees to render, skilled services as a baseball player during the year(s)
including the Club’s training season, the
Club’s exhibition games, the Club’s playing season, the Division
Series, the League Championship Series and the World Series (or any
other official series in which the Club may participate and in any
receipts of which the Player may be entitled to share).
Payment
2. For performance of the Player’s services and promises hereunder
the Club will pay the Player the sum of $ in semi-
monthly installments after the commencement of the championship
season(s) covered by this contract except as the schedule of payments
may be modified by a special covenant. Payment shall be made on the
day the amount becomes due, regardless of whether the Club is
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“home” or “abroad.” If a monthly rate of payment is stipulated above,
it shall begin with the commencement of the championship season (or
such subsequent date as the Player’s services may commence) and end
with the termination of the championship season and shall be payable
in semi-monthly installments as above provided.
Nothing herein shall interfere with the right of the Club and the Play-
er by special covenant herein to mutually agree upon a method of pay-
ment whereby part of the Player’s salary for the above year can be
deferred to subsequent years.
If the Player is in the service of the Club for part of the championship
season only, he shall receive such proportion of the sum above men-
tioned, as the number of days of his actual employment in the champi-
onship season bears to the number of days in the championship season.
Notwithstanding the rate of payment stipulated above, the minimum
rate of payment to the Player for each day of service on a Major
League Club shall be at the applicable rate set forth in Article VI(B)(1)
of the Basic Agreement between the Thirty Major League Clubs and
the Major League Baseball Players Association, effective December
20, 2006 (“Basic Agreement”). The minimum rate of payment for
Minor League service for all Players (a) signing a second Major
League contract (not covering the same season as any such Player’s
initial Major League contract) or a subsequent Major League contract,
or (b) having at least one day of Major League service, shall be at the
applicable rate set forth in Article VI(B)(2) of the Basic Agreement.
The minimum rate of payment for Minor League service for all Play-
ers signing a first Major League contract who are not covered by Arti-
cle VI(B)(2) of the Basic Agreement shall be at the applicable rate set
forth in Article VI(B)(3) of the Basic Agreement.
Payment to the Player at the rate stipulated above shall be continued
throughout any period in which a Player is required to attend a regu-
larly scheduled military encampment of the Reserve of the Armed
Forces or of the National Guard during the championship season.
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Loyalty
3.(a) The Player agrees to perform his services hereunder diligently
and faithfully, to keep himself in first-class physical condition and to
obey the Club’s training rules, and pledges himself to the American
public and to the Club to conform to high standards of personal con-
duct, fair play and good sportsmanship.
Baseball Promotion
3.(b) In addition to his services in connection with the actual playing
of baseball, the Player agrees to cooperate with the Club and partici-
pate in any and all reasonable promotional activities of the Club and
Major League Baseball, which, in the opinion of the Club, will pro-
mote the welfare of the Club or professional baseball, and to observe
and comply with all reasonable requirements of the Club respecting
conduct and service of its team and its players, at all times whether on
or off the field.
PLAYER REPRESENTATIONS
Ability
4.(a) The Player represents and agrees that he has exceptional and
unique skill and ability as a baseball player; that his services to be ren-
dered hereunder are of a special, unusual and extraordinary character
which gives them peculiar value which cannot be reasonably or ade-
quately compensated for in damages at law, and that the Player’s
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breach of this contract will cause the Club great and irreparable injury
and damage. The Player agrees that, in addition to other remedies, the
Club shall be entitled to injunctive and other equitable relief to prevent
a breach of this contract by the Player, including, among others, the
right to enjoin the Player from playing baseball for any other person or
organization during the term of his contract.
Condition
4.(b) The Player represents that he has no physical or mental defects
known to him and unknown to the appropriate representative of the
Club which would prevent or impair performance of his services.
Interest in Club
4.(c) The Player represents that he does not, directly or indirectly, own
stock or have any financial interest in the ownership or earnings of any
Major League Club, except as hereinafter expressly set forth, and
covenants that he will not hereafter, while connected with any Major
League Club, acquire or hold any such stock or interest except in
accordance with Major League Rule 20(e).
Service
5.(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 baseball
otherwise than for the Club, except that the Player may participate in
post-season games under the conditions prescribed in the Major
League Rules. Major League Rule 18(b) is set forth herein.
Other Sports
5.(b) The Player and the Club recognize and agree that the Player’s
participation in certain other sports may impair or destroy his ability
and skill as a baseball player. Accordingly, the Player agrees that he
will not engage in professional boxing or wrestling; and that, except
with the written consent of the Club, he will not engage in skiing, auto
racing, motorcycle racing, sky diving, or in any game or exhibition of
football, soccer, professional league basketball, ice hockey or other
sport involving a substantial risk of personal injury.
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Assignment
6.(a) The Player agrees that his contract may be assigned by the Club
(and reassigned by any assignee Club) to any other Club in accordance
with the Major League Rules. The Club and the Player may, without
obtaining special approval, agree by special covenant to limit or elim-
inate the right of the Club to assign this contract.
Medical Information
6.(b) The Player agrees:
(1) that the Club’s physician and any other physician or medical
professional consulted by the Player pursuant to Regulation 2 of this
contract or Article XIII(D) of the Basic Agreement may furnish to
the 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 prohibited
from re-disclosing any such information without the express written
consent of the Player. The Club’s physician shall be the custodian of
the medical records furnished to a Club pursuant to this Paragraph
6(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 to
the physicians and officials of such other Club or Clubs all relevant
medical information relating to the Player; provided, however, that
said physicians and officials are prohibited from re-disclosing any
such information without the express written consent of the Player.
In addition, within thirty (30) days from the receipt of the Player’s
medical information, the physicians and officials of the Club which
requested the medical information will return any and all documents
received to the Player’s Club, and will not keep copies of any doc-
uments it received or any other records indicating the substance of
the medical information transmitted. If the Player’s UPC is assigned
before the information is returned in accordance with this subpara-
graph (2), the assignee Club may retain the information. A Player
may, at the time that he is no longer under reserve to the Club or on
December 1 or every other year, whichever is earlier, request that
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the Club notify him of the Clubs to which his medical information
was provided pursuant to this Paragraph 6(b)(2).
No Salary Reduction
6.(c) The amount stated in paragraph 2 and in special covenants here-
of which is payable to the Player for the period stated in paragraph 1
hereof shall not be diminished by any such assignment, except for fail-
ure to report as provided in the next subparagraph (d).
Reporting
6.(d) The Player shall report to the assignee Club promptly (as pro-
vided in the Regulations) upon receipt of written notice from the Club
of the assignment of this contract. If the Player fails to so report, he
shall not be entitled to any payment for the period from the date he
receives written notice of assignment until he reports to the assignee
Club.
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ence for the remainder of the period stated in paragraph 1 hereof
between an amount computed at the rate stipulated in paragraph 2
hereof and the amount so payable by the assignee Club.
(4) If performance and/or award bonuses are included as Special
Covenants hereunder and an assignment is made during the cham-
pionship season, the responsibility for such bonuses shall be as fol-
lows:
(i) All performance and/or award bonuses earned prior to the
assignment shall be the responsibility of the assignor Club;
(ii) The responsibility for any and all performance bonuses
earned after the assignment shall be prorated between the assign-
or and assignee Clubs in proportion to the total number of rele-
vant events attained during the season with each Club involved;
and
(iii) The responsibility for any and all award bonuses earned
after the assignment shall be the full and exclusive responsibility
of the Club for whom the Player was performing services at the
end of the championship season. For purposes of this paragraph,
an award bonus for election or selection to the All-Star Game
shall be deemed to be earned on the day of the announcement of
the election or selection, an award bonus for performance over
the championship season shall be deemed earned on the last day
of the championship season and an award bonus for performance
in the post-season shall be deemed earned on the day of the
announcement of the award.
Moving Allowances
6.(f) The Player shall be entitled to moving allowances under the cir-
cumstances and in the amounts set forth in Articles VII(F) and VIII of
the Basic Agreement.
“Club”
6.(g) All references in other paragraphs of this contract to “the Club”
shall be deemed to mean and include any assignee of this contract.
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TERMINATION
By Player
7.(a) The Player may terminate this contract, upon written notice to
the Club, if the Club shall default in the payments to the Player provid-
ed for in paragraph 2 hereof or shall fail to perform any other obliga-
tion agreed to be performed by the Club hereunder and if the Club shall
fail to remedy such default within ten (10) days after the receipt by the
Club of written notice of such default. The Player may also terminate
this contract as provided in subparagraph (d)(4) of this paragraph 7.
(See Article XV(I) of the Basic Agreement.)
By Club
7.(b) The Club may terminate this contract upon written notice to the
Player (but only after requesting and obtaining waivers of this contract
from all other Major League Clubs) if the Player shall at any time:
(1) fail, refuse or neglect to conform his personal conduct to the
standards of good citizenship and good sportsmanship or to keep
himself in first-class physical condition or to obey the Club’s 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 in
any 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 set
forth in Article IX of the Basic Agreement. In addition, the Player shall
be entitled to receive an amount equal to the reasonable traveling
expenses of the Player, including first-class jet air fare and meals en
route, to his home city.
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Procedure
7.(d) If the Club proposes to terminate this contract in accordance
with subparagraph (b) of this paragraph 7, the procedure shall be as
follows:
(1) The Club shall request waivers from all other Major League
Clubs. Such waivers shall be good for two (2) business days only.
Such waiver request must state that it is for the purpose of termi-
nating this contract and it may not be withdrawn.
(2) Upon receipt of waiver request, any other Major League
Club may claim assignment of this contract at a waiver price of
$1.00, the priority of claims to be determined in accordance with the
Major League Rules.
(3) If this contract is so claimed, the Club shall, promptly and
before any assignment, notify the Player that it had requested
waivers for the purpose of terminating this contract and that the con-
tract had been claimed.
(4) Within five (5) days after receipt of notice of such claim, the
Player shall be entitled, by written notice to the Club, to terminate
this contract on the date of his notice of termination. If the Player
fails to so notify the Club, this contract shall be assigned to the
claiming Club.
(5) If the contract is not claimed, the Club shall promptly deliv-
er written notice of termination to the Player at the expiration of the
waiver period.
7.(e) Upon any termination of this contract by the Player, all obliga-
tions of both Parties hereunder shall cease on the date of termination,
except the obligation of the Club to pay the Player’s compensation to
said date.
Regulations
8. The Player accepts as part of this contract the Regulations set forth
herein.
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Rules
9.(a) The Club and the Player agree to accept, abide by and comply
with all provisions of the Major League Constitution, and the Major
League Rules, or other rules or regulations in effect on the date of this
Uniform Player’s Contract, which are not inconsistent with the provi-
sions of this contract or the provisions of any agreement between the
Major League Clubs and the Major League Baseball Players Associa-
tion, provided that the Club, together with the other Major League
Clubs and Minor League Baseball, reserves the right to modify, sup-
plement or repeal any provision of said Constitution, Major League
Rules or other rules and regulations in a manner not inconsistent with
this contract or the provisions of any then existing agreement between
the Major League Clubs and the Major League Baseball Players
Association.
Disputes
9.(b) All disputes between the Player and the Club which are covered
by the Grievance Procedure as set forth in the Basic Agreement shall
be resolved in accordance with such Grievance Procedure.
Publication
9.(c) The Club, the Vice President, On-Field Operations and the
Commissioner, or any of them, may make public the findings, decision
and record of any inquiry, investigation or hearing held or conducted,
including in such record all evidence or information given, received, or
obtained in connection therewith.
Renewal
10.(a) Unless the Player has exercised his right to become a free agent
as set forth in the Basic Agreement, the Club may retain reservation
rights over the Player by instructing the Office of the Commissioner to
tender to the Player a contract for the term of the next year by includ-
ing the Player on the Central Tender Letter that the Office of the Com-
missioner submits to the Players Association on or before December
12 (or if a Sunday, then on or before December 11) in the year of the
last playing season covered by this contract. (See Article XX(A) of and
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Attachments 9 and 12 to the Basic Agreement.) If prior to the March 1
next succeeding said December 12, the Player and the Club have not
agreed upon the terms of such contract, then on or before ten (10) days
after said March 1, the Club shall have the right by written notice to
the Player at his address following his signature hereto, or if none be
given, then at his last address of record with the Club, to renew this
contract for the period of one year on the same terms, except that the
amount payable to the Player shall be such as the Club shall fix in said
notice; provided, however, that said amount, if fixed by a Major
League Club, shall be in an amount payable at a rate not less than as
specified in Article VI, Section D, of the Basic Agreement. Subject to
the Player’s rights as set forth in the Basic Agreement, the Club may
renew this contract from year to year.
10.(b) The Club’s right to renew this contract, as provided in subpara-
graph (a) of this paragraph 10, and the promise of the Player not to play
otherwise than with the Club have been taken into consideration in
determining the amount payable under paragraph 2 hereof.
Commissioner
12. The term “Commissioner” wherever used in this contract shall be
deemed to mean the Commissioner designated under the Major League
Constitution, or in the case of a vacancy in the office of Commission-
er, the Executive Council or such other body or person or persons as
shall be designated in the Major League Constitution to exercise the
powers and duties of the Commissioner during such vacancy.
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Supplemental Agreements
The Club and the Player covenant that this contract, the Basic Agree-
ment, the Agreement Re Major League Baseball Players Benefit Plan
effective April 1, 2007 and Major League Baseball’s Joint Drug Pre-
vention and Treatment Program and applicable supplements thereto
fully set forth all understandings and agreements between them, and
agree that no other understandings or agreements, whether heretofore
or hereafter made, shall be valid, recognizable, or of any effect what-
soever, unless expressly set forth in a new or supplemental contract
executed by the Player and the Club (acting by its President or such
other officer as shall have been thereunto duly authorized by the Pres-
ident or Board of Directors as evidenced by a certificate filed of record
with the Commissioner) and complying with the Major League Rules.
Special Covenants
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Approval
This contract or any supplement hereto shall not be valid or effective
unless and until approved by the Commissioner.
(Player) (Club)
By
(Home address of Player) (Authorized Signature)
Approved ,
Commissioner
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REGULATIONS
1. The Club’s playing season for each year covered by this contract
and all renewals hereof shall be as fixed by the Office of the
Commissioner.
2. The Player, when requested by the Club, must submit to a complete
physical examination at the expense of the Club, and if necessary to
treatment by a regular physician or dentist in good standing. Upon
refusal of the Player to submit to a complete medical or dental exami-
nation, the Club may consider such refusal a violation of this regula-
tion and may take such action as it deems advisable under Regulation
5 of this contract. Disability directly resulting from injury sustained in
the course and within the scope of his employment under this contract
shall not impair the right of the Player to receive his full salary for the
period of such disability or for the season in which the injury was sus-
tained (whichever period is shorter), together with the reasonable med-
ical and hospital expenses incurred by reason of the injury and during
the term of this contract or for a period of up to two years from the date
of initial treatment for such injury, whichever period is longer, but only
upon the express prerequisite conditions that (a) written notice of such
injury, including the time, place, cause and nature of the injury, is
served upon and received by the Club within twenty days of the sus-
taining of said injury and (b) the Club shall have the right to designate
the 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. All
workmen’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 this
contract.
3. The Club will furnish the Player with two complete uniforms,
exclusive of shoes, unless the Club requires the Player to wear non-
standard shoes in which case the Club will furnish the shoes. The uni-
forms will be surrendered by the Player to the Club at the end of the
season or upon termination of this contract.
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4. The Player shall be entitled to expense allowances under the cir-
cumstances and in the amounts set forth in Article VII of the Basic
Agreement.
5. For violation by the Player of any regulation or other provision of
this contract, the Club may impose a reasonable fine and deduct the
amount thereof from the Player’s salary or may suspend the Player
without salary for a period not exceeding thirty days or both. Written
notice of the fine or suspension or both and the reason therefor shall in
every case be given to the Player and the Players Association. (See
Article XII of the Basic Agreement.)
6. In order to enable the Player to fit himself for his duties under this
contract, the Club may require the Player to report for practice at such
places as the Club may designate and to participate in such exhibition
contests as may be arranged by the Club, without any other compen-
sation than that herein elsewhere provided, for a period beginning 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 par-
ticipate 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.
7. In case of assignment of this contract, the Player shall report
promptly to the assignee Club within 72 hours from the date he
receives written notice from the Club of such assignment, if the Play-
er is then not more than 1,600 miles by most direct available railroad
route from the assignee Club, plus an additional 24 hours for each
additional 800 miles.
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Post-Season Exhibition Games. Major League Rule 18(b) provides:
(b) EXHIBITION GAMES. No player shall participate in any
exhibition game during the period between the close of the Major
League championship season and the following training season,
except that, with the consent of the player’s Club and permission of
the Commissioner, a player may participate in exhibition games for
a period of not less than 30 days, such period to be designated annu-
ally by the Commissioner. Players who participate in barnstorming
during this period cannot engage in any Winter League activities.
Player conduct, on and off the field, in connection with such post-
season exhibition games shall be subject to the discipline of the
Commissioner. The Commissioner shall not approve of more than
three players of any one Club on the same team. The Commission-
er shall not approve of more than three players from the joint mem-
bership of the World Series participants playing in the same game.
No player shall participate in any exhibition game with or against
any team which, during the current season or within one year, has
had any ineligible player or which is or has been during the current
season or within one year, managed and controlled by an ineligible
player or by any person who has listed an ineligible player under an
assumed name or who otherwise has violated, or attempted to vio-
late, any exhibition game contract; or with or against any team
which, during said season or within one year, has played against
teams containing such ineligible players, or so managed or con-
trolled. Any player who participates in such a game in violation of
this Rule 18 shall be fined not less than $50 nor more than $500,
except that in no event shall such fine be less than the consideration
received by such player for participating in such game.
PRINTED IN U.S.A. REVISED AS OF DECEMBER 2006
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Appendix A
RULES OF PROCEDURE
1. Granting of Hearings.
Hearings will be granted in all cases properly appealed to the Arbi-
tration Panel unless the Parties by mutual agreement request a finding
of facts and a decision based upon briefs submitted.
2. Attendance at Hearings.
Persons having a direct interest in the arbitration are entitled to
attend hearings. The Arbitration Panel shall have the power to require
the retirement of any witness or witnesses during the testimony of
other witnesses. It shall be discretionary with the Arbitration Panel to
determine the propriety of the attendance of any other persons.
3. Conduct of Hearings.
Hearings will be conducted in an informal manner. The arbitration
hearing shall be regarded as a cooperative endeavor to review and
secure the facts which will enable the Arbitration Panel to make just
decisions. The procedure to be followed in the hearing will be in con-
formity with this intent.
4. Representation of Parties.
A Player or Players may be accompanied by a representative of the
Players Association who may participate in the hearing and represent
the Player or Players. Any other Party may be accompanied by a rep-
resentative who may participate in the hearing and represent such
Party.
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5. Adjournments.
The Arbitration Panel for good cause shown may adjourn the hear-
ing upon the request of a Party or upon its own initiative, and shall
adjourn when all the Parties agree thereto, provided that no adjourn-
ment hereunder shall exceed 10 days unless all Parties so agree.
6. Order of Proceedings.
The Arbitration Panel may, in its discretion, vary the normal proce-
dure under which the initiating Party first presents his claim, but in any
case shall afford full and equal opportunity to all Parties for presenta-
tion of relevant proofs.
8. Evidence.
The Parties may offer such evidence as they desire and shall pro-
duce such additional evidence as the Panel Chair may deem necessary
to an understanding and determination of the dispute. The Panel Chair
shall be the judge of the relevancy and materiality of the evidence
offered and conformity to legal rules of evidence shall not be neces-
sary. All evidence shall be taken in the presence of all of the Parties
except where any of the Parties is absent in default or has waived his
right to be present.
9. Testimony.
All testimony shall be taken under oath or by affirmation. All wit-
nesses whose testimony shall be introduced as evidence at the hearing
shall be made available for cross-examination by the other Party. The
Arbitration Panel may receive and consider the evidence of witnesses
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by affidavit, but shall give it only such weight as it deems proper after
consideration of any objections made to its admission.
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Party which appealed the case. The Arbitration Panel shall thereupon
treat the case as closed, and shall have no obligation to render a deci-
sion or further process the Grievance.
15. Expenses.
The expenses of witnesses, counsel and the like for either side shall
be paid by the Party producing such persons.
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