Although nothing is certain in labor negotiations, attorneys representing MLB and the
MLB Players Association are giving indications that the sides are making progress toward a new collective-bargaining agreement.
The MLB CBA expires Dec. 1. If there is no agreement by then, MLB could lock out the players or the players could strike. But listening to remarks by both Dan Halem, chief legal officer of MLB, and Virginia Seitz, longtime outside counsel to the MLBPA, it sounded as if a work stoppage would be unlikely. Both attorneys spoke at the recent Sports Lawyers Association annual conference in Los Angeles.
Neither Halem nor Seitz, a partner with law firm
Sidley Austin, would provide details about the issues that the league and the players are discussing or a timeline for a conclusion to negotiations, but they described the atmosphere as positive.
Asked to rank the relationship between the MLBPA and MLB on a scale of 1 to 10, with 10 being excellent, Seitz answered, “8.”
Seitz, speaking on the SLA’s annual union panel, said, “The conversations we are having are very productive.”
MLB players historically have been personally involved in labor negotiations, with dozens of players actively participating in bargaining, and that has continued under MLBPA Executive Director Tony Clark, who took over the union in December 2013. “I am amazed on the level of player participation this time around,” Seitz said.
It is also the first negotiation for Rob Manfred, who started as MLB commissioner in January 2015, but Manfred and Clark have known each other for years.
Halem, speaking on the SLA’s general counsel’s panel, described the relationship between the league and the union as “mature” and “productive.”
That doesn’t mean that the sides agree on everything, Halem said. “We argue, we yell, we fight,” he said. “Characteristic of a productive relationship is the ability to work out your issues.”
One thing the two sides have agreed on is to keep every topic and any disagreements private, Halem said.
“I can’t tell you how poisonous it is when … things get leaked,” Halem said. “It’s hard to build trust when they think you are leaking stuff or we think they are leaking stuff.”
MLB and the MLBPA have endured eight work stoppages — five strikes and three lockouts — in their history, but baseball has had labor peace since the 1994-95 strike. In 2011, the sides jointly announced they had agreed to a new CBA weeks before the expiration of the deal.
“Hopefully, we will go about our business privately and the major story reported is that we have a deal,“ Halem said.
> NBA CBA TALKS: The NBA CBA does not expire until after the 2020-21 season, but either the owners or players can choose to notify the other side that they are opting out and ending the deal after the 2016-17 season. The deadline for either side to exercise the opt-out is Dec. 15, and the two sides are talking.
Over the past six months, meetings between the National Basketball Players Association and the NBA have been “fairly frequent,” said Dan Spillane, NBA senior vice president and assistant general counsel. Like the baseball representatives, Spillane did not provide details about what the union and league were talking about.
It will be the first CBA for Commissioner Adam Silver, who took over from David Stern in February 2014, and for Michele Roberts, elected NBPA executive director in July 2014.
“I think it’s strong so far,” Spillane said of the relationship between the union and the league. “People are getting along. We are talking constructively about these issues.”
The NBPA did not send a representative to the SLA union’s panel. It declined to comment on Spillane’s remarks and this story.
> OTHER UNIONS: “In hockey, we are getting along pretty darn well right now, which is somewhat surprising,” said Steve Fehr, special counsel to the NHL Players’ Association. He ranked the relationship a “7” on a scale of 1 to 10.
Jessica Berman, NHL vice president and deputy general counsel, said she was happy with Fehr’s ranking of 7. Berman said she ranked the relationship “an 8 or 8 1/2.”
Both Fehr and Berman said the league and the union are working together on a few initiatives, including launching the first World Cup of Hockey to be held since 2004. The event is set for the Air Canada Centre from Sept. 17 through Oct. 1.
Joe Briggs, NFL Players Association public policy counsel, declined to rank that union’s relationship with the NFL. Briggs said the union and the league were fighting about some things but getting along on others, such as licensing.
“I don’t think I can give you a solid number,” he said.
Likewise, Adolpho Birch, NFL senior vice president of law and labor policy, would not rank the league’s relationship. “Overall, it’s fine,” he said.
> NFL COMMISSIONER’S AUTHORITY: The NFL Players Association and the NFL are still at odds over Commissioner Roger Goodell’s authority and his ability to discipline players.
The union would like the league to collectively bargain its personal conduct policy and provide players with neutral arbitration rights, as players in other leagues enjoy.
Birch said that the NFL would be willing to listen to ideas that the players association has to change the system but that the league likes the system the way it is.
“We believe the commissioner is the one who is invested with the authority to make these types of decisions and that is in the best interest of our game,” Birch said.
Briggs said it would be better for public confidence and public policy if players had more of a say in the personal conduct policy. But he would not say what leverage the players had to get the league to agree to change the CBA to give players more rights in this area.
“I don’t know that there is not a lot of leverage,” Briggs said. “There are always things in our sport that we are looking at. There are a number of different ways that we are looking at to grow the pie in our sport. Maybe it doesn’t require us to give up something or have a leverage point. Perhaps it just makes good policy.”
The NFL CBA runs through 2021.
Liz Mullen can be reached at lmullen@sportsbusinessjournal.com. Follow her on Twitter @SBJLizMullen.
