Owners want to both control expenses completely & have unlimited revenues. They believe players will bend if not break on these subjects. It's a new group of owners who didn't live through 70s/80s or 94-95. They think they will win absolutely. Only solidarity will counter that.
With regard to controlling expenses, what they really want is an agreement with the Union to control the expenses of the owners who would otherwise spend more in order to try to win championships. It's anti-competitive at its core, yet it's called the "competitive balance tax."
I know that ship has sailed and the Union has proposed a CBT of its own already, but the phrase a rising tide lifts all boats applies both ways. When the top of the market is artificially restricted, the bottom of the market sinks as well.
I hope you like my mixed metaphor using ship and boat in the same tweet. 😉

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More from @EugeneFreedman

Feb 23
MLB may have asked for mediation because of internal communication problems/misunderstandings. Owners may have mistakenly believed that a lockout would pressure players to give in. Now that they haven't, they don't know how to get out of the box they've built for themselves. 1/
Ending the lockout would appear weak without a no strike agreement, which they aren't going to get. I addressed the timing & leverage of a strike vote & strike in this thread. 2/

But, continuing it will cost games and the honest media has appropriately framed this as a ownership lockout of the players and reminded readers that the lockout is what will cost games, not the lack of agreement.

There is one way out of the box. It's to address the Union's 3/
Read 8 tweets
Feb 18
This has shades of the restart negotiations in 2020. Players get paid in the regular season. Teams get paid throughout spring training, regular season, and playoffs, but make the most of their money during the late pennant race and playoffs. Consequently, MLB cares less about 1/
missing early regular season games. The players consider all of the games the same from a financial standpoint.

This lockout was as much to lock out Steve Cohen and other high spending owners during a lapse in the CBT as it was to put pressure on the players to reach 2/
agreement quickly. Management hasn't shown any interest in acting quickly despite public statements to the contrary.

The sunset of the CBT in the expired CBA was a very deft negotiating tactic to make it a management ask during these negotiations rather than merely status 3/
Read 9 tweets
Feb 18
It looks like someone filed an Unfair Labor Practice charge against MLB. It was filed by an individual not MLBPA. The charges include bad faith bargaining including surface bargaining, which I discussed with @keithlaw on his podcast this week. 1/

nlrb.gov/case/02-CA-290…
What's interesting is that it was filed by an individual. It alleges surface bargaining and direct dealing (meaning going to employees directly and not through their Union representative). It also alleges unilateral changes to terms and conditions of employment. And it alleges 2/
coercion against an employee in exercise of their rights to engage in union activity.

Normally the 8(a)(5) charges are union charges (bargaining related), because they affect the rights of the union and duty to bargain, whereas 8(a)(1) coercion is an individual or union charge.
Read 5 tweets
Feb 16
More both-sidesing a complex asymmetrical situation.

Reminder - MLB took 43 days to make a counter proposal after unilaterally, voluntarily implementing a lockout. MLB delayed its most recent counter said it wasn't going to respond at all, wasted time requesting mediation. 1/
Management has refused to address several of the Union's primary interests - earlier arbitration, reduced revenue sharing so teams don't profit from not trying to win, and earlier free agency. The Union has withdrawn the final of those subjects.

Meanwhile, management's two 2/
primary interests have been included in the Union's proposals from the beginning: expanded playoffs and reestablishment of the CBT.

Perhaps the Union could be critiqued for being so interest based early on in the process when their partner is so positional. But, the only 3/
Read 5 tweets
Feb 15
This is a revealing and damning article about how minor leaguers have to live to make ends meet. And, yet, MLB is still trying to squeeze more savings out of its lowest paid employees - those who make less than minimum wage. @Britt_Ghiroli has been really killing it lately 1/
for @TheAthletic.

One thing that struck me was this paragraph. Because it is quite American. America was founded with a premise that forced labor from people in bondage was the norm. Company towns that required employees and their families to live pay rent to their employer 2/ “The things happening to th...
buy food, clothes, and essentials from a company owned store (the only store), and essentially earn nothing for their labors was common. Employers hiring Pinkertons or police to beat workers who demanded better wages & working conditions was acceptable.

Making money off 3/
Read 10 tweets
Feb 15
I spent some time thinking about this overnight. It's a very curious proposal in that it relates to jobs that are outside of MLBPA's bargaining unit. Frequently unions will make proposals for minimum staffing levels, both to ensure that their members are not burning out, but 1/
not too high to deny their members the opportunity to work overtime (for extra money) or create a situation where there have to be rolling layoffs because of overstaffing in a downturn.

But, here, MLB is proposing something that affects minor leaguers only, not bargaining 2/
unit employees. Consequently, as I mentioned earlier in the week (See thread below) regarding minor league salaries, I believe this is a permissive subject, that either party may choose not to negotiate without a duty to bargain attached to it. 3/

Read 20 tweets

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