I want to start Monday off with dispelling a narrative I've read that the MLBPA wants major changes to the CBA as compared to MLB. I would characterize the changes proposed by each party to be (as they've been reported recently) as within the scope of the existing language. 1/
The Union is proposing to speed up the qualification for salary arbitration. This could be qualified as a major change as it would affect a significant number of players, but it's also something that was previously in the CBA in the 70s and early 80s. Plus, the parties have 2/
historically adjusted the Super-2 qualification. So adjusting it to all players with 2+ years of service time, while significant, isn't out of the scope of normal proposals. Also, in light of service time manipulation, it makes sense with their overall objective. The other 3/
My daughter missed her bus. Be back in 20
proposals related to paying players in their pre-arbitration years seem to be gaining traction with management. Although they are far apart on the funding, they seem to agree on the general concept. The other service time issues are more complicated and I don't think we have 4/
a good understanding of them publicly. The Union has also proposed reduced revenue sharing, because that money is merely used for profit, not for plowing back into the product. It also wants to deal with tanking, which is both a salary distribution issue, but it's also 5/
the biggest things the fans care about. If they know their team won't be competitive for 3-5 years (like the Orioles), what's the point in going to games or watching them on tv or even following baseball at all. That should be a joint interest because it's about growing the 6/
game.

But, unlike the one Cardinals pitcher's comments yesterday, management is not merely proposing maintaining the status quo. Because, the status quo does not include expanded playoffs. That is a management desire because of the significant television revenue that comes 7/
in each additional round of playoffs. If you recall, MLB slow rolled the 2020 restart negotiations. It wasn't until more than half of the season was lost that it became apparent that MLB was delaying things because it wanted an agreement for expanded playoffs in 2020 AND 2021. 8/
It wanted expanded playoffs to be norm heading into these negotiations. Instead, they agreed to a one year expansion and a change to a flat playoff share for players (rather than the gate receipts system that has been in effect for decades). When they were negotiating COVID 9/
protocols for 2021, MLB again pushed for expanded playoffs. Both times they actually tried to argue with a straight face that it was worth nothing more to them than adding a DH in the NL, something that both parties actually want. They have finally ceded that linkage. 10/
As we continue to frame the issues between the parties, it's always critical to note that the Union has already proposed expanded playoffs, while management has said it refuses to talk about changing the service time requirements for arbitration. Again, this is not a simple 11/
both sides are not agreeing or neither party is moving issue. It's asymmetrical.

Another asymmetrical issue is the CBT. The CBT has expired. It sunset. It went away under the expired CBA. It didn't just go away because the CBA expired. The expired CBA would be in full force 12/
and effect but for the lockout. No, the CBT actually terminated at the end of the regular season. That means any new CBT is really a new creation of the parties. Yes, it's something that they have lived with for decades now, but the Union doesn't need it. Yet, it has already 13/
proposed a new CBT structure. Management is the party that wants a CBT, yet it has proposed an increase of less than 2% for the upcoming season. Meanwhile shared revenue from national TV will increase by ~30% this year - as reported by @BizballMaury @forbes.

The Union is 14/
proposing comprehensive proposals addressing the players' interests and management's interests. Meanwhile, management is accepting as a given that it interests are going to be in the next CBA, but refusing to talk about some of the key issues the Union has put on the table. 15/
From that perspective, we cannot accept a narrative that the Union is seeking major changes to existing system. Both are seeking changes. Both have interests in seeing changes. But, a narrative that only describes the Union's changes as major and merely accepts management's 16/
is faulty.

Management cannot accept the status quo themselves. Having no CBT and no playoff expansion would be seen by the league as a terrible result from these negotiations. /end

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More from @EugeneFreedman

Feb 2
After the negotiations concluded today I got a number of questions about a possibility of a players' strike. What follows is probably going to be a long thread, so buckle up. Preceding a strike there would have to be a lot of internal union activity, including goal setting, 1/
member education, a vote of the leaders, and likely a vote of the membership (I haven't reviewed the MLBPA Constitution to see if the process is laid out). A vote usually only authorizes a strike at a later point - frequently determined by the leadership. You can't go 2/
into a strike without a goal. It's not just to pressure the employer. There has to be a substantive goal to achieve, otherwise you won't have the members united once it's achieved - some will consider it a waste of time/effort and lose faith in the union. You have to educate 3/
Read 25 tweets
Dec 3, 2021
This is an insightful piece from @jaysonst about management's unwillingness to negotiate over rule changes. The problem with that stance and one of the quotes in the article is, for many of these rule changes, they have to. Frequently I refer to mandatory and permissive 1/
@jaysonst subjects of bargaining. Here's a quick refresher. Mandatory subjects have a parallel duty to bargain in good faith. They are wages, hours, and other terms and conditions of employment. Many of the rule changes would be mandatory as conditions of employment - for example the 2/
@jaysonst pitch clock. It's a pace of work issue, which is a mandatory subject no different than the pace of an assembly line. But, here's the kicker, it is permissive to waive the right to negotiate over mandatory subjects in the future. The article quotes someone saying, 3/
Read 14 tweets
Dec 3, 2021
If we told you that one of your employer's largest revenue sources was going to increase its contract by 30% next year, but your employer said that pay tables/bands would go up 1.9% and 4.7% total over 4 or 5 years would you be happy? That's basically what MLB proposed. 1/
.@BizballMaury has reported that MLB shared TV revenue will increase with new contracts by ~30% in 2022. That is shared by all of the clubs. Along with Regional Sports Networks and gate receipts, that makes the bulk of MLB revenues. Of course, the increase in TV revenue 2/
@BizballMaury will be more significant if expanded playoffs are agreed to by the parties. (They will be) Raising the CBT limit from $210M to $214M and ultimately $220 is a pittance. But, hey, it's movement, right. It's the owner's best efforts to reach agreement before they imposed a 3/
Read 5 tweets
Dec 2, 2021
The fundamental premise that he justifies throughout the letter is a lie.

There is no requirement to impose a lockout. It is a voluntary act of management. A tactic. It is classified as economic warfare. Expiration of a CBA does not force management to lock out employees. In 1/
fact, The National Labor Relations Act, promotes labor peace by preserving the continuity of mandatory terms and conditions of employment of an expired CBA until a new CBA is put in place.

A lockout is a leverage tactic; it is economic warfare to pressure employees to accept 2/
management's proposals in bargaining. A lockout (or a strike for that matter) does not terminate the parties' duty to bargain. They must continue to bargain in good faith.

Ultimately, the parties will reach an agreement. But, don't believe the "we were forced to rhetoric." 3/
Read 4 tweets
Dec 1, 2021
This is good coverage for a number of reasons. 1) it explains that management would be the one responsible for a lockout. 2) it explains a lockout isn't required b/c of expiration of the CBA. 3) it explains the process in more detail - bargaining followed by caucuses, 1/
followed by more meetings, followed by a sidebar among principals. This is generally how positional bargaining takes place - with more arguing and discussion in caucus than at the table. For interested based bargaining the parties work the issues jointly at the table. These 2/
parties are not there. I suspect that the sidebar principal meetings are where most of the real negotiating takes place, because they can build up trust in the smaller face-to-face, rather than having to posture for their constituencies. 4) Neither party leaked any details 3/
Read 5 tweets
Nov 30, 2021
Ultimately, I would not be surprised to see some form of expanded playoffs in the new CBA. @JesseRogersESPN points out in his article that "the expanded playoffs would be a windfall for owners in terms of television and gate revenue." That said, it's part of an overall 1/
@JesseRogersESPN proposal that includes reducing the Competitive Balance Tax limit and increasing the tax rates and delaying free agency for a lot of players until age 29 1/2. I've addressed those before as unserious proposals. But, I've also addressed the expanded playoffs back in February. 2/
Yes. That was when the parties were negotiating procedures for the 2021 season. 3/
Read 9 tweets

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