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Jayson Stark

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Thursday, November 8
 
Selig, owners looking for a fight

By Jayson Stark
ESPN.com

Listening to Bud Selig Tuesday gave me the same sick feeling I felt once before while listening to Selig -- when he canceled the World Series in 1994.

Selig picked a fight when he made his contraction statement. If you ask this union for a fight, you'll probably get one. The sad thing is that the Players Association has tried to be a kinder, gentler union in recent years.

Bud Selig
Bud Selig picked a fight on Tuesday.

This is an indication that the hardliners -- David Glass in Kansas City, Drayton McLane in Houston, Jerry Reinsdorf with the White Sox, John Moores in San Diego and now Bud Selig with the ... oh ... that's right, he's not technically an "owner" -- will be in charge of the labor situation on management's side, instead of the moderates. That is a worrisome proposition.

Management had two choices. It could have taken the framework of the last deal, the goodwill that has been generated from it, the great vibe of the World Series, the record revenue dollars, and built upon all of it. All it needed to do was figure out a way to divide everything up better. Or, management could have taken the hardline stance: "We have serious problems and we need to implement everything in the Blue Ribbon Panel report."

Management chose the latter.

The owners now have to approach the union with what they've done and try to bargain on the "effects" of contraction. But when spring training rolls around, I don't think we'll have contraction, nor will we have a labor deal. There are numerous ways the Players Association can fight this, to say nothing of the hundreds of regular folks who will be willing to battle. Here are some of them:

  • The union could first argue that simply because of all of the ripple effects on the sport, the entire contraction deal has to bargained, not only how the players are dispersed.
  • Even if the union contests only how players are dispersed, it will likely claim that any dispersal draft would be illegal -- and then that would have to be bargained.
  • There will likely be an unfair labor practice charge that would go to the National Labor Relations Board.
  • The union has a say in the schedule and in interleague play. Obviously, the players currently have a 30-team schedule in front of them -- not a 28-team schedule. The final schedule was supposed to be submitted in July, not November. The union could simply hold up approval of the schedule until the time for contraction to be a possibility expires.
  • Municipalities can file lawsuits, politicians can claim anti-trust violations, season-ticket holders can sue.
  • There are the dozens of minor-league clubs -- some of whom are famously successful -- that are affiliated with major-league clubs. How are they going to be told that the organization which provides all of their players no longer exists?

    The ripple effect is more like a tidal wave. And there are only 100 days until spring training. To get all, or even some, of these issues resolved in the next 100 days seems next to impossible.

    There is some sentiment for retracting a couple of teams -- it's not completely outlandish. But if the owners were serious about wanting contraction to go down peacefully, and, more importantly, serious about wanting it to succeed, they would have gone to the union and attempted to work out a labor deal and contraction at the same time.

    Management could have said, "We feel we need to save money by contracting two teams, which will cost your side some jobs. What do you want to do about it?" Instead, they went to the union and said, "Here is what we are going to do, how are you going to stop it?"

    It was much more of an affront than it had to be. Relations between the owners and the union have been much better since Paul Beeston came aboard. When Beeston and Rob Manfred were in charge of the negotiations, they were getting very close to a deal and it would have been a deal based on the best of the previous agreement -- more revenue sharing, heavier luxury taxes.

    It wouldn't have given everybody everything they wanted, but it would have established peace, continuity and an atmosphere of cooperation. Instead we are back to an atmosphere of confrontation.

    Selig said Tuesday that there would not be a lockout if these issues aren't resolved. That means the current deal would be carried over until there is either a new deal, or until there is an "impasse," at which point the owners would go to court or the NLRB and try to implement their last proposal.

    They don't have the votes for a lockout, and the truth is that a prolonged lockout would put some teams out of business.

    Another truth is that nobody wants to be the side that brought baseball to a halt, again. Selig has very carefully positioned himself to make this seem like it has nothing to do with the labor agreement or a work stoppage -- that he was simply trying to help all by eliminating two teams.

    A third -- and perhaps the most stark -- truth is that what Selig's statement really was was an attempt to put the responsibility of a work stoppage on the union without locking the players out. It is simply a different form of leverage.

    It is extremely unlikely that they could negotiate to an impasse, get the impasse declared in court, and successfully implement a prior proposal without a challenge by Feb. 15 (spring training) or even April 1 (Opening Day).

    Which would mean that everything stays the same, except that baseball would open the season next year under a contraction cloud and all of its ramifications. And that cloud will hang there for a long, long time.

    Jayson Stark is a senior writer for ESPN.com.








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