Let's discuss this "proposal." MLB is proposing to pay employees exactly what they are entitled to under the season, but shorten their work schedule by ~5%. That's essentially a 5% raise. It moves the dates, which is essentially a push, although take note, MLB was unwilling 1/
to extend the dates of thee playoffs last season because of their TV contracts. It would seem that those TV schedules are no longer untouchable.

And, here's the kicker-expanded playoffs. This is a unilateral desire by management. MLB has wanted expanded playoffs for several 2/
years. It proposed them last year, reaching agreement, but only for one season. The MLBPA proposed splitting the TV revenue increases as part of the players' share of playoff money and MLB balked. That's why the deal was only for one year.

This remains the primary driver of 3/
all negotiations. Last year, this year, and the winter 2021 CBA negotiations. MLB wants expanded playoffs b/c the large bulk of its shared revenue stream is from playoff TV. Regular season TV is not shared & varies greatly by market.

MLB has made a lot of money on new revenue 4/
streams in recent years. This includes streaming & subscription television as well as non-gate ballpark related revenues (most of which are obscured financially, so they don't flow to the players as readily). It includes shopping in & around the park (including retail leases) 5/
as well as more traditional sources like parking & concessions.

I cannot see an agreement for a 5% pay increase in exchange for expanded playoffs unless it includes substantial revenue sharing from that expanded playoffs. And, I can't see management offering that now. 6/
Management is more likely to fight for that at the table in the term negotiations and use maximum pressure to get it, such as a lockout in December/January/February to put pressure on free agent players.

But, before we allow the MLB media to paint this as a win-win, let's 7/
remember the status quo. MLB and the Union have an agreement. It's the CBA. The lays out the schedule, the playoffs, and all other related wages, hours, and terms and conditions of employment. Management cannot unilaterally delay or suspend the season without substantial 8/
liability. The status quo does not include expanded playoffs.

I did a long thread analyzing the status of the emergency provision in the UPC, and the absence of management's ability to suspend the season for COVID. Here it is. /end

. @BizballMaury has corrected the reports, including the ones I relied upon, stating that it would be 162 games paid over 154 games. It's actually not that. So, on top of expanded playoffs (for presumably nothing), this is proposal for a 5% pay cut.

Maury has no recorrected. It's 162 pay for 154 games, so exactly like my original thread.

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More from @EugeneFreedman

2 Feb
I can't retweet Jon Heyman's tweets related to his incredulity that the MLBPA did not make a counter offer, but I can explain why, under labor law, they didn't. (He blocked me) That said, a lack of education on a subject should never preclude taking a position.

The parties 1/
have an agreement. It's called the CBA. It lays out all of the responsibilities of the parties, including the reporting dates for spring training, the start of the season, number of games, salary payment process, league rules, players' playoff share, and all other wages, hours 2/
and terms and conditions of employment. The duty to bargain is based on reciprocal requirements over mandatory subjects. Those mandatory subjects are all contained in the CBA. It is a permissive subject (meaning voluntary) to negotiate certain other things. One of those 3/
Read 15 tweets
1 Feb
Has anyone actually read FLRA caselaw?

"And once the agreements take effect, they purport to “irrevocably” block the government’s ability to challenge anything about the concessions to the ICE union for the next eight years."

This is completely wrong. 1/x
Under FLRA law, an agency can refuse to implement a "non-negotiable" provision at any time. Non-negotiable is a term of art in federal sector labor relations. It means a provision that if a provision of a proposal or implemented CBA directly interferes with management rights 2/
defined in 5 USC 7106, it can be invalidated. If an agency declares a provision non-negotiable during the term of the CBA, the burden is on the Union to enforce the provision, meanwhile, the CBA operates in the absence of the provision. The FLRA applies the same standard 3/
Read 5 tweets
31 Jan
Rule 3.3 Candor Toward the Tribunal-Comment
[2]..." the lawyer must not allow the tribunal to be misled by false statements of law or fact or evidence that the lawyer knows to be false."
[5] ..."requires that the lawyer refuse to offer evidence that the lawyer knows to be..." 1/
"false, regardless of the client’s wishes. This duty is premised on the lawyer’s obligation as an officer of the court to prevent the trier of fact from being misled by false evidence."

[6] "If a lawyer knows that the client intends to testify falsely or wants the lawyer to" 2/
"introduce false evidence, the lawyer should seek to persuade the client that the evidence should not be offered. If the persuasion is ineffective and the lawyer continues to represent the client, the lawyer must refuse to offer the false evidence." 3/
Read 6 tweets
26 Jan
First, it's not an impasse, because there's no duty to bargain over things that are already in the CBA.

Second, the Commissioner cannot unilaterally suspend the opening of the season.

The only way MLB is going to get MLBPA to the table to negotiate over a later season start 1/
expanded playoffs, and the other bells and whistles, is if it agrees to something similar to the MLBPA's proposal from 2020 regarding the split of additional playoff TV revenue, maybe also other revenue such as streaming too. I don't say this based on any insider info. 2/
It's based on the status quo labor agreement, what the PA wants in the next round of term negotiations, and how it can leverage now to get what it wants moving forward. It has no incentive to agree to something less now. It only has disincentive. The deal to change things now 3/
Read 7 tweets
25 Jan
There are two paragraphs in this article that are frustrating. The first:
"A typical negotiation includes offers and counter-offers, but the league’s proposal did not lead to further discussion. Only last week did the league learn that the union had rejected its offer," 1/x
"and that the union would not counter it."

The second: Players last season received a combined $25 million in salary per day league-wide, so eliminating 26 days in April would cost them $650 million. But the league probably can make up a chunk of those days with split" 2/x
"doubleheaders, play into mid-October and possibly get to 154 games, at full pay. The players might want other benefits. The postseason would then extend into November, perhaps forcing the league to take a hit in its network television deals. But all of the elements" 3/x
Read 10 tweets
12 Jan
I just linked to my previous thread on this subject. I probably should also create a long thread in which I analyze the CBA provision related to national emergencies. I had some dialog with a national baseball writer that I will now thread for others to read. 1/x
I took a screenshot of the provision b/c it's too big to fit in one tweet. 2/x Image
The first thing that’s notable about it, compared to other force majeure provisions, is that it is in the Uniform Players Contract, not the CBA. The UPC is an appendix to the CBA, so it has the same force and effect, but applies to each player individually, not all players 3/x
Read 24 tweets

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