Thread by @EugeneFreedman

MLBPA has been certified by the National Labor Relations Board as the exclusive representative for MLB players on 40-man rosters. With the comes the duty for both management and the Union to bargain in good faith over wages, hours, and other terms and conditions of employment 1/

https://twitter.com/RDTopp/status/1492350429895737344

for bargaining unit employees. Neither party may refuse to negotiate over those subjects and each party may insist to impasse over those mandatory subjects of bargaining. Unions may make proposals supervisors' working conditions, however that is permissive subject meaning 2/

management may refuse to bargain over that matter and the Union may not insist to impasse over it. For example, the Union may propose that coaches per diem on travel is identical to players, however management can refuse to negotiate over that subject and the Union has to 3/

drop it at a certain point.

With regard to eligibility, but unrepresented employees it's more complicated. The parties may, through negotiations, alter the scope of the bargaining unit. However, that action is permissive, so both parties must agree and neither may insist to 4/

impasse over the change from the NLRB certified unit. Parties cannot negotiate over wages and other mandatory subjects until the scope of the bargaining unit is known.

MLB is in the pay and union avoidance business. They would never just agree to include minor leaguers in 5/

the bargaining unit with major leaguers. Even if MLBPA or another union petitioned for representation with a high showing of interest (the NLRB only requires 30% showing to file for election), MLB would tie the proceedings up for a long time in litigation over the appropriate 6/

bargaining unit - whether that be by level, league, or otherwise. I think they would delay it long enough to then challenge the showing of interest - the unit employees are no longer those who they were when the representation petition was signed, so it's no longer valid.7/

I would expect at least two years of litigation associated with the election or elections. It would be brutal for the internal organizers, who would likely be delayed in their promotions and/or run out of the game unless they were top draft picks or star international signings.8/

I don't feel qualified to answer the FLSA questions regarding pay for training work that were raised in the article. But, I will say, MLB really snuck through that BS appropriations rider a few years ago. Congress didn't really know what it was including in the bill.