→ CCLu:把Doug Papppas的link貼出來不就好了？ 推 160.39.32.162 02/11
→ test123:我想這應該對這個版有不小的參考價值 推 61.223.120.70 02/11
→ test123:算是幫這個板留個紀錄 推 61.223.120.70 02/11
→ wuyen11:翻成中文更有價值 XD 推 210.203.50.176 02/11
→ test123:就請 wuyen11 大人來翻唄,感激不盡阿,嘿嘿 推 61.223.120.70 02/11
→ hsuans:唔，實在太長了，我英文又不好，等有空再 推 218.167.42.30 02/11
→ hsuans:慢慢看..... 推 218.167.42.30 02/11
→ test123:其實我也只看了大概 1/3 而已.... 推 61.223.120.70 02/11
→ wuyen11:我是當工具書 有想到才去查 推 210.203.50.176 02/11
→ hsuans:有link嗎? 推 218.167.42.30 02/12
> -------------------------------------------------------------------------- <
作者: test123 (Schilling = Everything) 看板: BaseballSYS
標題: 2003 - 2006 MLB CBA -- Page 1 ~ 20
時間: Wed Feb 11 17:53:35 2004
2003-2006 BASIC AGREEMENT
This Agreement, effective September 30, 2002, is between the 30
Major League Clubs and the Major League Baseball Players Associa-
tion (hereinafter referred to as the ``Players Association'' or
the ``Association'').
In making this Agreement the Association represents that it contracts
for and on behalf of the Major League Baseball Players and individu-
als who may become Major League Baseball Players during the term
of this Agreement, and the Clubs represent that they contract for and
on behalf of themselves, any additional Clubs which may become
members of the Major Leagues and the successors thereof.
ARTICLE I---Intent and Purpose
The intent and purpose of the Clubs and the Association (hereinafter
``the Parties'') in entering into this Agreement is to set forth their agree-
ment on certain terms and conditions of employment of all Major
League Baseball Players for the duration of this Agreement. Each of
the Parties acknowledges the rights and responsibilities of the other
Party and agrees to discharge its responsibilities under this 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.
ARTICLE III---Uniform Player's Contract
The form of the Uniform Player's Contract between a Club and a Play-
er is attached hereto as Schedule A which is incorporated herein by ref-
erence and made a part hereof.
Page 1
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.
ARTICLE IV---Negotiation and Approval of Contracts
A Player, if he so desires, may designate an agent to conduct on
his behalf, or to assist him in, the negotiation of an individual salary
and/or Special Covenants to be included in his Uniform Player's Con-
tract with any Club, provided such agent has been certified to the
Clubs by the Association as authorized to act as a Player Agent for
such purposes.
The Association shall provide the Office of the Commissioner with a
comprehensive list of the certified Player Agent(s) whom each Player
has designated to act on his behalf for the purposes described in this
Article IV. Further, the Association shall provide the Office of the
Commissioner with any changes to such Player Agent designations,
including the Player Agent designations of Players who have been
added to a Major League roster, on a weekly basis.
If the Association has notified the Office of the Commissioner that a
Player has designated a certified Player Agent or Agents to act on his
behalf for the purposes described in this Article IV, no Club may nego-
tiate or attempt to negotiate an individual salary and/or Special
Covenants to be included in a Uniform Player's Contract with any
Player Agent(s) other than such Player Agent(s).
A Club may require a Player's physical presence only once during con-
tract negotiations. This limitation shall not apply to telephone confer-
ence calls, at reasonable times, with a Player and his certified Player
Agent. A Player required to be physically present during negotiations
Page 2
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
Page 3
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.
C. Additional Scheduling Agreements
(1) Split doubleheaders shall not be scheduled in the original
schedule. Provided that neither of the Clubs involved in the pro-
posed rescheduled game already has played or has been rescheduled
Page 4
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;
Page 5
(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 1 1 /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.
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 1 1 /2 hours. Each championship season the Clubs may uti-
lize six exceptions to the rule in the immediately preceding sentence
Page 6
provided that the exceptions must be utilized by a Club traveling to
Chicago to play the Cubs and the in-flight time cannot exceed 2 1 /2
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.
(12) Home games which are scheduled or rescheduled away
from the park of the home Club shall be considered road games for
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.
Page 7
(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.
(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
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:
Page 8
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.
(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.
(3) Multi-year contract including up-front payments and/or
deferred compensation which are not specifically allocated to cer-
tain years of the contract
Average the aggregate of such payments, include the annual
average as part of the salary for each year, and then treat as in (1)
above.
(4) Deferred Compensation
If any deferred compensation is included in the base deter-
mined as described above, it may be payable as deferred on the
same terms, or the Club and Player may elect to substitute the
discounted present value of such deferred amount.
Page 9
(5) Performance Bonuses
Regardless of whether or not any portion of a performance
bonus is earned, the Club has the option of either: (a) including
the entire bonus (both earned and unearned portions) in the salary
base or (b) excluding it from the base but repeating the perform-
ance bonus on the same terms.
(6) Other Forms of Additional Compensation
All other forms of compensation, including but not limited to
the following, are not addressed herein and are to be determined
according to the facts in each situation:
(a) payments for performing services for a Club in addition to
skilled services as a baseball player;
(b) cash, lump sum, payments made in accordance with
agreed upon special covenants to compensate for trading a Play-
er, releasing a Player, etc.;
(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
Page 10
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:
2003---at the rate per season of $300,000;
2004---at the rate per season of $300,000;
2005---at the rate per season of $300,000 plus a cost of living
adjustment, rounded to the nearest $500, provided that the cost of
living adjustment shall not reduce the minimum salary below
$300,000;
2006---at the 2005 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 the
2005 rate per season.
(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
following:
2003---at the rate per season of $50,000;
2004---at the rate per season of $50,000;
2005---at the rate per season of $50,000 plus a cost of liv-
ing adjustment, rounded to the nearest $100, provided that the
cost of living adjustment shall not reduce the minimum salary
below $50,000;
2006---at the 2005 rate per season plus a cost of living
adjustment, rounded to the nearest $100, provided that the cost
Page 11
of living adjustment shall not reduce the minimum salary
below the 2005 rate per season.
(3) (a) Cost of living adjustments for the Major League minimum
salary described above in paragraph (1) shall be computed as fol-
lows:
(i) to determine the 2005 salary rate, $300,000 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
the Bureau of Labor Statistics (CPIW) for November 2004 and
the denominator of which is the CPIW for November 2002;
(ii) to determine the 2006 salary rate, the adjusted salary rate
for 2005 shall be multiplied by a fraction, the numerator of which
is the CPIW for November 2005 and the denominator of which is
the CPIW for November 2004.
(b) Cost of living adjustments for the split minimum salary for
Minor League service described above in paragraph (2) shall be
computed as follows:
(i) to determine the 2005 salary rate, $50,000 shall be multi-
plied by a fraction, the numerator of which is the CPIW for
November 2004 and the denominator of which is the CPIW for
November 2002;
(ii) to determine the 2006 salary rate, the adjusted salary rate
for 2005 shall be multiplied by a fraction, the numerator of which
is the CPIW for November 2005 and the denominator of which is
the CPIW for November 2004.
C. Standard Length of Season
For the purpose of calculating a Player's daily rate of pay, a champi-
onship season shall be deemed to commence on the date of the first
regularly scheduled championship season game and to conclude on the
date of the last regularly scheduled championship season game. This
rule shall apply uniformly to all Players and all Clubs, notwithstanding
differences in a particular Club's schedule, except as provided other-
wise by Article V(A) and Article XV(J)(6).
Page 12
D. Maximum Salary Reduction
(1) No Player's contract shall be renewed pursuant to paragraph
10(a) of the Uniform Player's Contract in any year for a salary
which constitutes a reduction in excess of 20% of his previous
year's salary or in excess of 30% of his salary two years previous.
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.
(3) In tendering a contract to a Player pursuant to paragraph
10(a) of the Uniform Player's Contract, no Major League Club shall
offer a salary which constitutes a reduction in excess of 20% of the
Player's previous year's salary or in excess of 30% of his salary two
years previous.
E. Salary Continuation-Military Encampment
Payment of Player salaries shall be continued throughout any period in
which a Player is required to attend a regularly scheduled military
encampment of the Reserve of the Armed Forces or of the National
Guard during the Club's playing season.
F. Salary Arbitration
The following salary arbitration procedure shall be applicable:
(1) Eligibility. The issue of a Player's salary may be submitted
to final and binding arbitration by any Player or his Club, provided
the other party to the arbitration consents thereto. Any Club, or any
Player with a total of three or more years of Major League service,
however accumulated, but with less than six years of Major League
Page 13
service, may submit the issue of the Player's salary to final and
binding arbitration without the consent of the other party, subject to
the provisions of paragraph (4) below.
In addition, a Player with at least two but less than three years of
Major League service shall be eligible for salary arbitration if: (a)
he has accumulated at least 86 days of service during the immedi-
ately preceding season; and (b) he ranks in the top seventeen percent
(17%) (rounded to the nearest whole number) in total service in the
class of Players who have at least two but less than three years of
Major League service, however accumulated, but with at least 86
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 tie breaker will be by lot.
(2) Trade Demand-Club Consent to Arbitration. Any Player
whose Club has offered to proceed to salary arbitration pursuant to
Article XX(C)(5) may elect salary arbitration in the same manner
and at the same time as other Players.
(3) Notice of Submission
(a) Player Submission. Election of submission shall be com-
municated by telephone or any other method of communication
by the Player to the Association. Written notice of submission
shall then be given, within the specified time limits, by the Asso-
ciation on behalf of the Player to the designated representative of
the Major League Baseball Labor Relations Department
(``LRD'').
Within three days after the notice of submission has been
given, the Association and the LRD shall exchange salary figures.
It shall be the responsibility of the Association during this three-
day period to obtain the salary figure from the Player, and the
LRD shall have a similar responsibility to obtain the Club's
figure.
(b) Club Submission. Written notice of submission by the
Club shall be communicated to the Player by registered letter
mailed between January 2 and January 12 (both inclusive) to the
Page 14
last address the Player has supplied to the Club, with copies to the
Association and the LRD. The submission shall be deemed to be
made on the third day following the date of mailing by the Club.
Salary figures shall be exchanged by the Association and the
LRD as soon as practicable thereafter.
(c) Special Exceptions to Maximum Salary Reduction Rules
(i) A Club may submit a salary figure for salary arbitration
that is at least 80% of the Player's previous year's salary and
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%.
The above exceptions to the maximum salary reduction rules do
not alter the obligations of the Clubs to comply with Articles VI(D)
and XX(A) of this Agreement and paragraph 10(a) of the Uniform
Player's Contract for the purposes of contract tender and renewal.
(4) Withdrawal from Arbitration. In the event the Club submits
the matter to arbitration, the Player may within 7 days after receipt
of the Club's salary arbitration figure notify the Club that he does
not wish to arbitrate and the matter shall be deemed withdrawn from
arbitration. In such event, or in the event that neither the Club nor
the Player submits to arbitration, the rights and obligations of the
Club and Player shall be as they would have been had the salary
arbitration procedure never been invoked. In the event the Club
and Player reach agreement on salary before the arbitration panel
reaches a decision, the matter shall be deemed withdrawn from
arbitration.
Page 15
(5) Timetable and Decision. Submission may be made at any
time between January 5 and January 15. In the event the offer of the
Club is reduced on or subsequent to January 15, the Player's right to
submit to arbitration shall be reinstated for a period of 7 days. Arbi-
tration hearings shall be held as soon as possible after submission
and, to the extent practicable, shall be scheduled to be held from
February 1 to February 20. The arbitration panel may render the
decision on the day of the hearing, and shall make every effort to do
so not later than 24 hours following the close of the hearing. The
arbitration panel shall be limited to awarding only one or the other
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.
(6) Form of Submission. The Player and the Club shall
exchange with each other in advance of the hearing single salary fig-
ures for the coming season (which need not be figures offered dur-
ing the prior negotiations) and then shall submit such figures to the
arbitration panel. At the hearing, the Player and Club shall deliver to
the arbitration panel a Uniform Player's Contract executed in dupli-
cate, complete except for the salary figure to be inserted in para-
graph 2. Upon submission of the salary issue to arbitration by either
Player or Club, the Player shall be regarded as a signed Player
(unless the Player withdraws from arbitration as provided in para-
graph (4) above).
(7) Selection of Arbitrators. The Association and the LRD shall
annually select the arbitrators. In the event they are unable to agree
by January 1 in any year, they jointly shall request that the Ameri-
can Arbitration Association furnish them lists of prominent, profes-
sional arbitrators. Upon receipt of such lists, the arbitrators shall be
selected by alternately striking names from the lists. All cases shall
Page 16
be assigned to three-arbitrator panels. The Association and the LRD
shall designate one arbitrator to serve as the panel chair.
(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.
(9) Conduct of Hearings. The hearings shall be conducted on a
private and confidential basis. Each of the parties to a case shall be
limited to one hour for initial presentation and one-half hour for
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.
(10) Continuances, Adjournments or Postponements. There
shall be no continuances or adjournments of a hearing, but the com-
mencement of a hearing may be postponed by the arbitration panel
upon the application of either the Player or Club based upon a show-
ing of substantial cause. Any request for the postponement of a
scheduled hearing shall be made to the panel chair in writing, with
copies to the Association and the LRD. Disclosure of individual
votes by panel members shall be in accordance with paragraph (5)
above.
(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
Page 17
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 appropri-
ate under the circumstances. The arbitration panel shall, except
for a Player with five or more years of Major League service, give
particular attention, for comparative salary purposes, to the con-
tracts 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 representative,
because of special accomplishment, to argue the equal relevance
of salaries of Players without regard to service, and the arbitra-
tion 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.
(13) Confidential Major League Salary Data. For its confiden-
tial use, as background information, the arbitration panel will be
given a tabulation showing the minimum salary in the Major
Leagues and salaries for the preceding season of all players on
Major League rosters as of August 31, broken down by years of
Major League service. The names and Clubs of the Players con-
cerned will appear on the tabulation. In utilizing the salary tabula-
tion, the arbitration panel shall consider the salaries of all
comparable Players and not merely the salary of a single Player or
group of Players.
Page 18
(14) Prohibition Regarding Competitive Balance Tax. No par-
ticipant in a salary arbitration shall refer in any fashion, either oral-
ly or in writing, to any of the provisions in Article XXIII
(Competitive Balance Tax). No salary arbitration panel shall con-
sider in any fashion any of the provisions in Article XXIII (Com-
petitive Balance Tax).
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.
Page 19
(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.
(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.
B. In-Season Meal and Tip Allowance
(1) During the championship season, each Player shall receive a
daily meal and tip allowance for each date a Club is on the road and
for each traveling day. No deductions will be made for meals served
on an airplane.
(2) If, when a Club departs from the home city, departure is
scheduled prior to Noon, Players will receive the full daily
allowance for that date; if departure is after Noon, Players will
receive one-half of the daily allowance for that date. Returning to
the home city, if arrival is later than 6 P.M., Players will receive the
Page 20
--
This is the Sox. The 2003 Sox. We have a lot of fun with each other.
We're a great team. We pull for each other. No. 1 through 25 on this
roster contributes every night. Even if you're not in the game, we
have guys on the bench helping us out, picking us up.
----Kevin Millar
--
※ 發信站: 批踢踢實業坊(ptt.cc)
◆ From: 61.223.120.70
> -------------------------------------------------------------------------- <
作者: test123 (Schilling = Everything) 看板: BaseballSYS
標題: 2003 - 2006 MLB CBA -- Page 20 ~ 40
時間: Wed Feb 11 18:20:00 2004
full daily allowance; if arrival is prior to 6 P.M., Players will receive
one-half of the daily allowance. The Club may require the Player to
sign checks for meals at a hotel in lieu of the cash meal allowance.
(3) During the 2003 championship season, the daily allowance
shall be $76.50. During the 2004, 2005 and 2006 championship sea-
sons, the daily allowance shall be a base of $76.50 plus a cost of liv-
ing adjustment rounded to the nearest $.50, provided, however, that
the cost of living adjustment shall not reduce the daily allowance
below $76.50.
(4) Cost of living adjustments shall be computed as follows.
(a) To determine the allowance figure effective for the 2004
season, the 2003 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 2003 and the denominator of which is the CPIW for
November 2002.
(b) To determine the allowance figure effective for the 2005
season, the allowance figure for the 2004 season, as adjusted,
shall be multiplied by a fraction, the numerator of which is the
CPIW for November 2004 and the denominator of which is the
CPIW for November 2003.
(c) To determine the allowance figure effective for the 2006
season, the allowance figure for the 2005 season, as adjusted,
shall be multiplied by a fraction, the numerator of which is the
CPIW for November 2005 and the denominator of which is the
CPIW for November 2004.
(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
Page 21
(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.
C. Spring Training Allowances
(1) During the 2003 spring training season, the weekly
allowance shall be $240.50 and the supplemental weekly allowance
shall be $43.00. In 2004, 2005 and 2006 there shall be added to both
allowances a cost of living adjustment rounded to the nearest $.50,
provided, however, that the cost of living adjustment shall not
reduce the weekly allowances below $240.50 and $43.00, respec-
tively.
(2) A Player living away from the Club's spring training head-
quarters shall receive the following daily meal and tip allowance
(except that Players who make an overnight trip shall receive for the
day following the night on the road the daily championship season
meal and tip allowance in lieu of the daily allowance provided in
this paragraph). No deduction shall be made for lunch or sandwich-
es served at the ballpark. In 2003, the daily allowance shall be
$68.00. In 2004, 2005 and 2006, there shall be added to the daily
allowance a cost of living adjustment rounded to the nearest $.50,
provided, however, that the cost of living adjustment shall not
reduce the daily allowance below $68.00.
Players living at the Club's spring training headquarters also shall
receive the daily meal and tip allowance if the Club does not other-
wise provide meals. Except where the Club owns facilities (such as
Los Angeles), no Player shall be required to sign meal checks or
take his meals in lieu of receiving the daily meal and tip allowance.
A Player whose Major League Uniform Player's Contract has
been optionally assigned but who is in uniform for a Major League
spring training game shall receive the daily allowance for each such
game.
Page 22
(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 Los Angeles), 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.
D. Single Rooms on the Road
Each Player on a Club's Active List (including disabled Players who
travel with the Club) shall have single rooms in the Club's hotels on all
road trips during the Club's championship season and post-season.
Nothing herein shall prohibit the Clubs from making or continuing
agreements with individual Players which provide more favorable
arrangements for such Players.
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.
F. In-Season Supplemental Allowances
(1) A Player shall be entitled to receive the ``in-season supple-
mental allowance'' provided by this Section F if:
(a) his contract is assigned by a Minor League club to a Major
League Club,
Page 23
(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.
(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.
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
Page 24
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),
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.
Page 25
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.
ARTICLE IX---Termination Pay
A. Off-Season
A Player who is tendered a Uniform Player's Contract which is subse-
quently terminated by a Club during the period between the end of the
championship season and the beginning of the next succeeding spring
training under paragraph 7(b)(2) of the Uniform Player's Contract for
failure to exhibit sufficient 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 (1) his Con-
tract for the next succeeding championship season, or (2) if he has no
contract for the next succeeding championship season, in an amount
equal to thirty (30) days' payment at the rate stipulated in paragraph 2
of the Contract tendered to him by his Club for the next succeeding
championship season.
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 sufficient
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 start of
the championship season. If the termination occurs during spring train-
ing, but subsequent to the 16th day prior to the start of the champi-
onship 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.
Page 26
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 paragraph (4), a Player's
Contract may not be assigned to the Minor Leagues for the purpose
of reducing the Player's termination pay.
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.
Page 27
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 which 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 which would not have been payable if such Contract had been
accepted.
Page 28
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.
C. Division of Players' Pool
The division of the Players' pool shall be made by a vote of the Play-
ers, in a meeting chaired by the Player Representative, at which atten-
dance shall be limited to Players, except that the field manager, prior
to being excused from such meeting, shall be given first the opportu-
nity to express his views as to the division of the pool. At the invitation
Page 29
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.
Page 30
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 Ben-
efit 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 which 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
Page 31
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
solely to Section A(1)(b) and Section C of this Article, upon
the giving of 10 days' written notice at any time, based upon
experience under the aforesaid Sections which, in its opinion, is
unsatisfactory.
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 President and Chief Operating Offi-
cer 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
President and Chief Operating Officer, 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
Page 32
resort to a court of law for the resolution of such complaint or
dispute.
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
Constitution.
(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 which
assumes on behalf of the Commissioner the responsibilities former-
ly held by the Major League Baseball Player Relations Committee.
Page 33
(8) ``Grievant'' shall mean a party who initiates or appeals a
Grievance.
(9) ``Arbitration Panel'' shall mean the impartial arbitrator or,
where either Party so elects, 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 arbitrator, who shall in all instances be designated as the
Panel Chairman, 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 joint-
ly 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 termina-
tion, 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.
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
Page 34
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. The Grievance shall be discussed within 10 days
thereafter (within 2 days if disciplinary suspension or a grievance
involving Player safety and health) between representatives of the
LRD and representatives of the Association in an attempt to settle it.
Within 10 days following such discussion (within 2 days if disciplinary
suspension or a grievance involving Player safety and health), the des-
ignated representative of the LRD shall advise the Grievant in writing
of his decision and shall furnish a copy to the Association. If the deci-
sion 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.
Grievances which involve (a) more than one Club, or (b) a Player 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 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 Play-
er, whichever is later.
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,'' accord-
ing 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-
Page 35
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-
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(s)
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.
Page 36
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 appro-
priate 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 Chairman for impartial arbitration. Upon receipt of the notice
of appeal, the Chairman of the Arbitration Panel shall set a time, date
and place for hearing the appeal, which hearing shall be commenced as
soon as practicable but no later than 20 days following receipt of the
notice of appeal (5 days if disciplinary suspension or a grievance
involving Player safety and health). Such hearing shall be conducted in
accordance with the Rules of Procedure attached hereto as Appendix
A. The Arbitration Panel shall render 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 Arbitration Panel shall constitute
full, final and complete disposition of the Grievance appealed to it.
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.
Page 37
檔案過大！部分文章無法顯示
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.)
(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
Page 98
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
signatory to more than one unexpired Uniform Player's Contract at
any time.
H. Uses Of Competitive Balance Tax Proceeds
Competitive Balance Tax proceeds collected pursuant to Section B(4)
above shall be used as follows.
(1) The first $5 million of the proceeds (collected for any Con-
tract Year) shall be held in reserve for the purposes described in
paragraphs (5)(b)(ii), (5)(c)(ii)(C) and (5)(d)(iii) of Section E and, if
the Parties agree based on experience under such Salary attribution
rules, another $5 million, or such other figure to which the Parties
agree, of proceeds (collected for any Contract Year) shall be held in
reserve for such purposes. Any amount held in reserve pursuant to
this paragraph (1), with accrued interest, shall be contributed to the
Industry Growth Fund and used for the purposes set out in Article
XXV if and when the Parties agree that there is no longer any need
for such reserve.
(2) Fifty percent (50%) of the remaining proceeds collected for
each Contract Year, with accrued interest, shall be used, as the
Office of the Commissioner and the Association shall agree, to fund
benefits to Players active during the term of this Agreement.
(3) Twenty-five percent (25%) of the remaining proceeds col-
lected for each Contract Year, with accrued interest, shall be used, as
the Office of the Commissioner and the Association shall agree, to
fund projects and other efforts to develop baseball players in coun-
tries where organized high school baseball is not played.
Page 99
(4) 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 2006
championship season, and the parties expressly acknowledge and agree
that the provisions of this Article XXIII (except those concerning the
collection and distribution of the Competitive Balance Tax proceeds
for the 2006 Contract Year) shall not survive the expiration of this
Agreement.
ARTICLE XXIV---The Revenue Sharing Plan
A. Definitions
(l) ``Financial Information Questionnaire,'' or ``FIQ,'' shall mean
the questionnaire completed by each of the Major League Clubs and
submitted, together with audited financial statements, on an annual
basis for each revenue sharing year to the Office of the Commis-
sioner. A revenue sharing year is defined as the fiscal year of the
championship season that falls in that year (and shall be referred to,
for any specific revenue sharing year under this Article, as ``2003,''
``2004,'' ``2005,'' etc., or the ``2003 revenue sharing year,'' the ``2004
revenue sharing year,'' etc.). From time to time, Clubs are also
required by the Office of the Commissioner to supplement the FIQ
by submitting additional information in a ``Supplementary Informa-
tion Questionnaire'' (``SIQ'').
(2) ``Defined Gross Revenue'' shall mean the aggregate operating
revenues from baseball operations received, or to be received on an
accrual basis, as reported by each Club on an annual basis in the
Club's FIQ. ``Baseball Operations'' shall mean all activities of a
Club that generate revenue, except those wholly unrelated to the
business of Major League Baseball. Baseball Operations shall
include (by way of example, but not by way of limitation):
(a) an activity that could be conducted by a non-Club entity
but which is conducted by a Club because its affiliation or con-
Page 100
--
This is the Sox. The 2003 Sox. We have a lot of fun with each other.
We're a great team. We pull for each other. No. 1 through 25 on this
roster contributes every night. Even if you're not in the game, we
have guys on the bench helping us out, picking us up.
----Kevin Millar
--
※ 發信站: 批踢踢實業坊(ptt.cc)
◆ From: 61.223.120.70
※ 編輯: test123 來自: 61.223.120.70 (02/11 21:31)
> -------------------------------------------------------------------------- <
作者: test123 (Schilling = Everything) 看板: BaseballSYS
標題: 2003 - 2006 MLB CBA -- Page 101 ~ 119
時間: Wed Feb 11 22:40:21 2004
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.
(3) ``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.
(4) ``Local Revenue'' shall mean a Club's Defined Gross Rev-
enue less its share of Central Revenue.
(5) ``Actual Stadium Expenses'' shall mean the ``Stadium Opera-
tions Expenses'' of each Club, as reported on an annual basis in the
Club's FIQ.
(6) ``Net Local Revenue'' shall mean a Club's Local Revenue less
its Actual Stadium Expenses.
(7) The ``Base Plan'' shall be a 34% 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 34% 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.
(8) Those Clubs that receive net receipts in a given revenue shar-
ing year under the Base Plan shall be referred to for that year as
``Payee Clubs.'' Those Clubs that make net payments in a given rev-
enue sharing year under the Base Plan shall be referred to for that
year as ``Payor Clubs.''
Page 101
(9) The revenue sharing plan shall also have a ``Central Fund
Component'' under which a portion of Major League Central Fund
money will be reallocated from Payor Clubs to Payee Clubs. The
amount of net payment or net receipt under the Central Fund Com-
ponent for each Club shall be determined as follows:
(a) Net Transfer Value. At 100% implementation, the net
transfer value of the Central Fund Component, in each revenue
sharing year, shall be 41.066% of the net transfer value of the
Base Plan in that revenue sharing year. ``Net transfer value'' shall
mean the sum of the amounts transferred from Payor Clubs to
Payee Clubs.
(b) Contributors and Recipients. During each revenue shar-
ing year, Major League Central Fund money shall be reallocated
from Clubs that are Payor Clubs for that revenue sharing year
(``Contributors''). Distributions under the Central Fund Compo-
nent for each revenue sharing year shall be made only to Clubs
that: (i) are Payee Clubs for that revenue sharing year, and (ii)
have a mean Net Local Revenue for the preceding three revenue
sharing years that is below the industry's mean Net Local Rev-
enue for that three-year period (``Recipients'').
(c) Calculation
(i) Contributors. To determine the amount of Major
League Central Fund money to be reallocated from each Con-
tributor (at 100% implementation), multiply the Contributor's
mean Net Local Revenue for the preceding three revenue shar-
ing years by a fraction, the numerator of which is the net trans-
fer value of the Central Fund Component in that revenue
sharing year and the denominator of which is the sum of the
means of each Contributor's Net Local Revenue for the pre-
ceding three revenue sharing years.
(ii) Recipients. To determine the amount of Major League
Central Fund money to be distributed to each Recipient (at
100% implementation), multiply the net transfer value of the
Central Fund Component in that revenue sharing year by a
fraction, the numerator of which is the difference between the
industry's mean Net Local Revenue for the preceding three
revenue sharing years and the Recipient's mean Net Local
Page 102
Revenue for that period, and the denominator of which is the
sum of all such differences for each of the Recipients.
(d) Distribution. The Administrator, with each set of estimat-
ed payments under the Base Plan (see Section D(2)(a), below),
shall disseminate to the Clubs an estimate of the reallocations and
distributions to be made under the Central Fund Component for
that revenue sharing year. Reallocations from the Contributors
will be made by reducing the post-season distributions 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 dis-
tributions of the Central Fund Component on December 1 of each
revenue sharing year. Adjustments to these reallocations and dis-
tributions caused by changes in any Net Local Revenue figures
shall be made at the time of the next distribution under the Base
Plan.
(10) 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 the agreement
of the Parties as reflected in this Agreement. By way of example,
but not limitation, the Commissioner may not consider: (i) posi-
tions 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 contemplat-
ed offers to free agents or free agent eligible players; or (iii)
whether a Club's payroll is or has been above the Competitive
Balance Tax threshold established in Article XXIII, above.
(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
Page 103
must include, but need not be limited to: (A) the amount
requested; (B) the use(s) to which the Club intends to put the
requested distribution; and (C) an explanation of how, in the
Club's view, the requested distribution should improve the
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
E(2)(k) of this Article and any document reasonably requested
by the Association pursuant to Section E(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 dis-
tribute the entirety of the Commissioner's Discretionary Fund
in any given revenue sharing year, the Commissioner shall dis-
tribute the remainder of the Commissioner's Discretionary
Fund to the Clubs on a pro rata basis before the close of the
revenue sharing year. In no event may the Commissioner carry
over any remaining funds in the Commissioner's Discretionary
Fund to a subsequent revenue sharing year.
Page 104
(11) 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. (See
Section D, Administration, below.)
B. General Principles
(1) Intent of the Plan
The intent of the revenue sharing plan is to effect in each revenue
sharing year the equivalent net transfer of revenue among the Clubs
of $248.014 million at 100% implementation, based on 2001 ``Pay-
ment 5'' local revenue data, plus such net transfer as may result from
distributions of the Commissioner's Discretionary Fund.
(2) Other Sharing
(a) Gate Receipts. The functions formerly handled by the
League Offices shall be funded in a substantially equivalent fashion
as they have been in the past.
(b) Central Revenue. Except as expressly provided in Sections
A(9) and A(10) above, nothing in this Article is intended to alter
current agreements among the Clubs pertaining to Central Revenue,
including but not limited to, the Major League Central Fund, the
Office of the Commissioner, Major League Baseball Properties,
Inc., Baseball Television, Inc., Major League Baseball Enterprises,
Major League Baseball Advanced Media, Inc., the Copyright Arbi-
tration Royalty Panel, Superstation Agreements, the All-Star Game
and national marketing and licensing. Notwithstanding the preced-
ing sentence and except as expressly provided in Sections A(9) and
A(10) above, the Office of the Commissioner shall take no action
regarding the allocation or distribution of Central Revenue that is (i)
in response to the operation of the revenue sharing plan or (ii) incon-
sistent with the manner in which the Commissioner has allocated or
distributed Central Revenue in the past.
(3) Accounting Rules
In calculating net payments and net receipts, the Administrator,
on behalf of the Clubs, shall use the definitions contained in the
2002 FIQ, subject to the provisions of Section D below. The inten-
Page 105
tion is to continue to follow Generally Accepted Accounting Princi-
ples (``the GAAP rules'') in the adoption and application of revenue
and expense definitions contained in the FIQ and to use GAAP or,
in designated situations, federal tax principles, as the ``default'' stan-
dards in the accounting conventions, policies and practices reflected
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 D, below.
(4) Interests of the Association
The revenue sharing plan may have a significant impact on the
industry globally as well as on individual Clubs. Accordingly, the
Parties acknowledge that the Association has a significant interest in
any aspect of any of the components of the revenue sharing plan or
its operation materially affecting either: (a) the overall industry-
wide transfer of revenue among Clubs; or (b) the amounts of pay-
ments made by individual Clubs and the amounts of receipts
received by individual Clubs. This paragraph shall not be construed
to limit the Association's right to assert that it has other legitimate
interests in the operation of the plan.
(5) Other Undertakings
(a) A principal objective of the revenue sharing plan is to pro-
mote the growth of the Game and the industry on an individual Club
and on an aggregate basis. Accordingly, each Club shall use its rev-
enue sharing receipts (from the Base Plan, the Central Fund Com-
ponent and the Commissioner's Discretionary Fund) in an effort to
improve its performance on the field. The Commissioner shall
enforce this obligation by requiring, among other things, each Payee
Club, no later than April 1, to report on the performance-related uses
to which it put its revenue sharing receipts in the preceding revenue
sharing year. Consistent with his authority under the Major League
Constitution, the Commissioner may impose penalties on any Club
that violates this obligation.
(b) The Clubs and the Association recognize that the participa-
tion of two Clubs is necessary for the production of the on-field
Page 106
competition that the Clubs sell to the public. The net payments and
net receipts required by this Article XXIV reflect a continuation of
the amounts paid directly to the visiting Clubs and are in recogni-
tion of the principle that visiting Clubs should share, and in fact tra-
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. Implementation
(l) Base Plan
The Base Plan shall be fully implemented in each year of this
Agreement.
(2) Central Fund Component
Under the Central Fund Component, in 2003, the amounts real-
located from the Contributors and the amounts distributed to the
Recipients shall be 60% of those produced at full (100%) imple-
mentation. In 2004, the reallocations and distributions, respectively,
shall be 80% of those produced at full implementation. The Central
Fund Component shall be fully implemented in 2005 and 2006.
(3) Commissioner's Discretionary Fund
The Commissioner's Discretionary Fund shall be fully imple-
mented in each year of this Agreement.
D. Administration
(l) Responsibility
The administration of the revenue sharing plan under this Article
XXIV shall be the responsibility of the Administrator in consulta-
tion with the Association. The Administrator shall be a Committee
of Clubs and/or representatives designated by the Major League
Page 107
Baseball Executive Council. The Administrator shall be designated
within 30 days following the execution of this Agreement.
(2) Duties of Administrator
The Administrator shall have the following duties and responsi-
bilities, to be performed in consultation with the Association:
(a) Calculations and Determination of Payment Schedule. The
Administrator shall calculate and determine the timing of pay-
ment and distribution of net payments and net receipts by (or to)
Clubs. In this regard, the Administrator is authorized to require
estimated partial payments and distributions during the course of
a revenue sharing year and to assess reasonable penalties for
intentionally inaccurate estimates by Clubs. Unless altered by the
Administrator in consultation with the Association, the Clubs
shall make payments under the Base Plan to the Administrator
in each year of the revenue sharing plan under the following
schedule:
┌─────┬──────┬──────┬──────┬─────────┐
│ │ Reporting │ Payment │Distribution│ Amount of │
│ │ Date │ Date │ Date │ Payment │
├─────┼──────┼──────┼──────┼─────────┤
│Payment 1 │ May 15 │ May 25 │ June 1 │ 33% of Estimated │
│ │ │ │ │Annual Net Payment│
├─────┼──────┼──────┼──────┼─────────┤
│Payment 2 │ July 15 │ July 25 │ August 1 │ 66% of Estimated │
│ │ │ │ │Annual Net Payment│
│ │ │ │ │ Less: Payment 1 │
├─────┼──────┼──────┼──────┼─────────┤
│Payment 3 │September 25│September 30│ October 1 │100% of Estimated │
│ │ │ │ │Annual Net Payment│
│ │ │ │ │Less: Payments 1 │
│ │ │ │ │ and 2 │
├─────┼──────┼──────┼──────┼─────────┤
│Payment 4 │ November 15│ November 25│ December 1 │ Post-Season │
│ │ │ │ │True-Up, Unaudited│
├─────┼──────┼──────┼──────┼─────────┤
│Payment 5 │ March 31 │ June 7 │ June 15 │Final Determination
│ │ │ │ │ of Annual Net │
│ │ │ │ │ Payment Based on│
│ │ │ │ │ Audited Results │
└─────┴──────┴──────┴──────┴─────────┘
(i) The ``Reporting Date'' shall be the date on which the
Clubs submit their most recent estimate of Net Local Rev-
enues.
(ii) The ``Payment Date'' shall be the date on which the
Payor Clubs pay estimated amounts to the Administrator based
on an updated revenue sharing calculation provided to the
Clubs.
Page 108
(iii) The ``Distribution Date'' shall be the date on which the
Administrator distributes estimated amounts to Payee Clubs
based on the updated revenue sharing calculation.
In determining whether to alter the foregoing schedule, the
Administrator shall accord substantial weight to the cash flow
needs under this Agreement of the industry as a whole, as
opposed to any specific Club. The Administrator shall also pro-
vide the Association with notice of any inter-Club disputes relat-
ing to the payment and distribution of net payments and receipts
and the resolution of such disputes.
The Central Fund Component shall operate as provided in Sec-
tion A(9), above. The Commissioner's Discretionary Fund shall
operate as provided in Section A(10), above.
(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 con-
duct regular full independent audits of the Clubs and of particular
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 Administrator is
also authorized to make appropriate changes, in furtherance of
the objectives described below in Section D(2)(c), in the defini-
tions, 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;
Page 109
(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 eval-
uating 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.
(3) Specific Prohibition
In performing duties and responsibilities in the administration of
the revenue sharing plan, the Administrator shall not materially
affect the agreement of the Parties as reflected in this Article, includ-
ing, 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 distributed by Clubs under
the Central Fund Component; or
(d) the amounts contributed and distributed under the Com-
missioner's Discretionary Fund.
E. Participation of the Association
(1) Consultation
(a) Within 30 days following execution of this Agreement, the
Administrator shall promptly notify and consult with the Associa
tion in advance with regard to any proposed action the Administra-
tor intends to take pursuant to paragraphs (l), (2)(a) and (2)(b) of
Section D above in connection with the administration of the rev-
enue sharing plan. The Administrator and the Association shall
thereafter meet regularly on a monthly basis to facilitate adminis-
tration of the plan. Further, the Administrator shall regularly notify
and consult with the Association with respect to any proposed
changes described in Section D(2)(b), or any other proposed
Page 110
changes in the administration of the plan, preliminary and final esti-
mated partial payment calculations and preliminary and final calcu-
lations regarding net payments or net receipts due under any
component of the plan.
(b) Failure by the Association to challenge at the consultation
stage with the Administrator or under the Grievance Procedure in
Article XI any such proposed actions, changes, or preliminary esti-
mated partial payment calculations or preliminary calculations
regarding net payments or net receipts described above in Section
E(1)(a) shall not preclude the Association from challenging under
the Grievance Procedure in Article XI any action taken, changes
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 limited 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 compli-
ance 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 pay-
ments or receipts in accordance with this Article, unless the Chair-
man of the Arbitration Panel, upon application by the Association,
provides otherwise. Unless the Chairman 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.
(2) Right to Information
The Administrator shall provide to the Association, upon request,
any relevant information necessary to the Association's performance
of its functions under this Article as collective bargaining represen-
tative. More specifically, and not by way of limitation, the Adminis-
trator shall promptly provide to the Association on a regular basis
Page 111
for each revenue sharing year of this Agreement, copies of the fol-
lowing documents (in hard copy and/or computer readable form,
whichever is available) within 10 days following preparation by or
receipt by the Administrator of such data, except that (i) copies of
documents responsive to subparagraph (k) shall be provided with
the notice provided pursuant to Section A(10)(b)(ii) of this Article;
(ii) copies of documents responsive to subparagraphs (e), (n) and (p)
shall be provided within 30 days following preparation of such data
by the Clubs (or the Administrator); and, if requested, (iii) copies of
documents responsive to subparagraph (m) shall be provided within
10 days following the Association's request, as the case may be:
(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;
Page 112
(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 D(2)(b) and Section E(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(10)(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;
(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(10)(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 D(2)(b) and Section E(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.
(3) Right to Audit
(a) The Association shall have the right, at any time during this
Agreement, to require the Administrator to conduct a full or partial
Page 113
independent audit of any Club for a given revenue sharing year or of
any particular transaction, regardless of whether such an audit
would have been required by the Administrator under the proce-
dures referred to in Section D(2)(b) above. Further, should the Asso-
ciation require such an audit, the Association shall also have the
right to require the Administrator to examine specified transactions,
revenue and/or expense items, and/or to require reconciliation of the
Club's FIQ and audited financial statements in specified areas. The
Association also shall have the right to require the Administrator to
examine specified Club document(s). The Administrator shall con-
duct the audit within a reasonable period of time from the date of a
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 D(2)(b) above. All
expenses for such audits shall be borne solely by the Administrator.
(b) Upon a showing of good cause, the Association shall have the
right to conduct its own full or partial independent audit of any such
Club or transaction, upon written notice to the Administrator. 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 subparagraph.
(c) Notwithstanding the provisions of Section D(2)(b), Section
E(3)(a) and Section E(3)(b) above, and without regard to whether
the Administrator has conducted an audit pursuant to Section
D(2)(b) or Section E(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
Page 114
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 Asso-
ciation conduct an unreasonable number of its own audits for any
revenue sharing year.
(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.
ARTICLE XXV---The Industry Growth Fund
A. Objective and Purposes
The Parties shall maintain the Industry Growth Fund (``IGF'') estab-
lished under the 1997 Basic Agreement. The objective of IGF is to pro-
mote the growth of baseball in the United States and Canada, as well
as throughout the world. To this end, IGF will be operated jointly by
Players and Clubs in furtherance of the following purposes:
(1) to enhance fan interest in the game;
(2) to increase baseball's popularity; and
(3) to ensure industry growth into the 21st Century.
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;
Page 115
(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
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.
Page 116
(2) Co-Operating Officers
The Association and the LRD, on behalf of the Clubs, shall each
appoint one Co-Operating Officer for IGF. The responsibilities of
the Co-Operating Officers shall be:
(a) to work together in the operation and administration of
IGF on a day-to-day basis;
(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.
(2) Disputes Subject to Resolution by the Independent Member
Any dispute regarding the day-to-day operations of IGF (other
than the disputes described in paragraph (1) above) shall be subject
to resolution by the Independent Member. Either of the Co-Operat-
ing Officers shall have the right to bring such a dispute to the atten-
tion of the Independent Member by written notice within seven (7)
business days from the date such dispute arises, with a copy simul-
taneously to the other Co-Operating Officer. The Independent Mem-
ber, within five (5) business days from receipt of such written
Page 117
notice, shall render a decision resolving the dispute. In reaching the
decision, the Independent Member shall accord paramount consid-
eration to the objective and purposes of IGF, as described in Section
A above, as well as to the funding available to IGF, as described in
Section E below. The Independent Member's decision resolving the
dispute shall be in writing with a brief explanation of the reasons
therefor. The decision of the Independent Member shall be final and
binding upon the Parties.
(3) Other Disputes
Except for disputes subject to paragraph (1) or (2) above, nothing
in this Article XXV is intended to affect either the substantive rights
of the Parties under this Article XXV or the application of the Griev-
ance Procedure in Article XI to any other complaint involving the
existence or interpretation of, or compliance with this Article or any
provision herein.
E. Funding
(1) Competitive Balance Tax Proceeds
Competitive Balance Tax proceeds shall be contributed to IGF as
provided in Article XXIII(H)(1) and (4).
(2) Additional Voluntary Contributions
In addition, either the Association, in its discretion, or the Clubs,
in their discretion, may contribute additional amounts to IGF.
F. Continuation of IGF After the Termination of the Basic
Agreement
If, as of the termination of this Agreement, there are funds available for
use by IGF as a result of the operation of Section E above, for activi-
ties described in Section B above, then notwithstanding termination of
this Agreement and any rights of the Clubs under the National Labor
Relations Act, IGF shall remain in existence and in operation as if this
Agreement had not terminated, until such funds are exhausted through
use in activities described in Section B above, or until the Association
and the LRD agree to terminate operation of IGF, whichever is earlier.
Page 118
ARTICLE XXVI---Term
This Agreement shall terminate on December 19, 2006.
ARTICLE XXVII---Comprehensive Agreement
This Agreement represents a complete, full and final understanding on
all bargainable subjects covering Players during the term of this Agree-
ment, except such matters as may become bargainable pursuant to the
reopener provisions of this Agreement or under the terms of the fol-
lowing agreements:
(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.
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 Agreement
they will use their best efforts to ensure that all terms and conditions of
all Uniform Player's Contracts signed by individual Players will be
carried out in full.
ARTICLE XXVIII---Execution of this Agreement
This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original, and such counterparts shall con-
stitute but one and the same instrument.
This Agreement is executed by the undersigned acting solely in
their respective representative capacities and not in their individual
capacities.
IN WITNESS WHEREOF, the Parties have hereunto subscribed their
names as of the day and year first above written.
Page 119
--
This is the Sox. The 2003 Sox. We have a lot of fun with each other.
We're a great team. We pull for each other. No. 1 through 25 on this
roster contributes every night. Even if you're not in the game, we
have guys on the bench helping us out, picking us up.
----Kevin Millar
--
※ 發信站: 批踢踢實業坊(ptt.cc)
◆ From: 61.223.120.70