The current negotiations over the next MLB collective bargaining agreement have captured the attention of many, with the salary cap arguments earning the most headlines. A lockout is likely after December 1. But how did we end up here? This series will look at a timeline of labor organizing in professional baseball, beginning in the 1800s and ending in the present day. It is almost 150 years of history, so not every detail is included, but the links provided are both references and a wealth of knowledge
for those interested in learning more.
1869 – The Cincinnati Red Stockings become the first professional baseball club in the United States.
1876 – The National League is formed in New York, NY.
1880 – The National League implements the reserve clause. Prior to this, players had the freedom to negotiate with multiple teams.
1885 – Players, unappreciative of the new restrictions on their ability to negotiate and of the severe imbalance of power in favor of owners/teams, form the Brotherhood of Professional Base Ball Players.
- During this time, the Brotherhood creates a system that allows injured players to be paid if they are not able to play.
1890 – The Brotherhood forms its own Players League to compete with the National League, which collapses after its first season. In addition, the Brotherhood proposes revisions to the reserve clause to permit players to seek employment with other teams after a certain number of years. They are shot down by the National League, further hampering the baby union. First unionization attempt: failed.
1900 – 1903 – The Baseball Wars. The American League tries to join the National League’s party (declares major league status), to the irritation of the National League. The American League purposely does not implement a reserve clause at this time in an effort to recruit players. The Protective Association of Professional Baseball Players is formed in 1900, but dissolves in 1903 as the leagues settle their differences and the association loses momentum. The leagues sign the National Agreement and agree to play a series. What series? The World Series! Second unionization attempt: collapsed.
1912 – David Fultz creates the Baseball Players Fraternity. But don’t call it a union. It’s a fraternity of players. Nevertheless, this iteration is able to make some meaningful changes for players. Minor leaguers are allowed to join the Baseball Players Fraternity, and Fultz lobbies for their concerns as well.
1914 – The Federal League tries to join the party, and is met with resistance from the National League and American League. The Federal League offers profit sharing to entice players. In an effort to retain players, the AL and NL grant concessions to the Baseball Players Fraternity by way of the Cincinnati Agreement. These include:
- Teams have to start paying for uniforms.
- Teams also have to notify players when they are placed on waivers.
- The National Commission is required to fulfill their obligation to respond to appeals and provide written explanations for fines and suspensions.
- The Commission agrees that players will be paid for the entirety of their contracts if they are injured.
- The Fraternity successfully lobbies to get the color of the outfield walls changed so that the ball is more visible.
1915 – The AL and NL brings a lawsuit against the Federal League for interfering with their operations.
1916 – The Federal League folds. No longer sensing a threat, the AL and NL renege on many of their commitments from the Cincinnati Agreement.
1917 – After a standoff with the National Commission, Fultz declares a general strike. Players do not want to get involved. The strike is called off, and the Cincinnati Agreement is terminated by the National Commission. The union is on its last legs, and it collapses after Fultz enlists in the Aviation Corps in 1918. Third unionization fraternization attempt: imploded.
1922 – TheU.S. Supreme Court decides that the leagues are exempt from the Sherman Antitrust Act, as they do not consider baseball to be “interstate commerce”, and indeed do not consider the players’ effort to be trade or commerce at all. The effect on players is profound as the leagues are allowed to continue with business as usual for years to come.
1946 – World War II has ended, andplayers have returned from their military service. Replacement players also want to keep their spots on rosters. Meanwhile, the Mexican League has grown in size and financial might, and is offering richer and better contracts, at least on their face, to players willing to move south. Some players take this offer, despite threats from the U.S. leagues. Across the U.S., labor organizing and strikes in many industries are reaching a crescendo, despite the desire of management and legislators to quell them.
It is in this context that Robert Murphy organizes the American Baseball Guild. Dues are fifty cents per week, but not all players join. The Guild’s demands include:
- Minimum annual salary of $7,500
- The right to arbitration when it comes to salary negotiation
- 50% of the purchase price (not the profits) on “player sales”
- Requiring that contracts not be “one-sided” (Vague? Yes. Setting up a future battle about the reserve clause? Most likely.)
Murphy knows that the players’ greatest power is in their ability to walk off the job. Without players, there is nothing to sell. Murphy also knows that his scattered guild members cannot have the same effect as one organized team. He chooses the Pittsburgh Pirates for the first strike. They are in a city known for organizing and championing its workers, and he believes that the fans there will sympathize with the players’ cause. Which brings us to:
June 7, 1946 –Pirates players hold a strike vote in their clubhouse as Murphy waits outside. He has already told the Pirates’ owner, William Benswanger, that the players will not play if conditions do not improve. Two-thirds of the 36 players must approve the strike. However, two players in particular are antiunion (remember that not all players have joined the Guild). Rip Sewell and Jimmy Brown persuade enough players to vote against the strike that it falls four votes short of approval. The players take the field to boos from the workers in the stands. The American Baseball Guild never recovers, and Murphy returns to work for the National Labor Relations Board.
That being said, the leagues are starting to realize the power the players could exercise if they ever realize it, and that the reserve clause likely will not hold up against a strong legal challenge. To appease players, they grant them a few things:
- Minimum annual salary of $5,500
- An actual pension plan, funded by players and television/radio deals for the World Series
- A per diem for spring training, known as Murphy Money
Murphy is not pleased, and is quoted as saying that the players “have been offered an apple but they could have had an orchard.” Fourth unionization attempt: shot itself in the foot.
1953 – The Major League Baseball Players Association is founded. Yes, that one. At the time of its creation, it is primarily a company union. Players are upset about the poor funding of and lack of visibility into management of their pensions. Each club chooses a player representative to approach the owners, but it becomes apparent they need a leader for their cause. They choose Jonas Norman Lewis, an attorney who describes himself as “a lawyer primarily interested in labor cases from management’s side.” He thinks that strikes are an unfair labor practice, that the reserve clause and antitrust exemption are defensible, and players should feel lucky to have what they have.
Nevertheless, Lewis does his best to represent the players, sort of, and during the owners’ Winter Meetings in 1953, the players meet as well.
- Lewis files the paperwork on December 1, 1953 to formally establish the MLBPA. (Important to note: the organization known as Major League Baseball comes much later, and the American League, National League, and Office of the Commissioner remain separate entities at this time. Not at all confusing.).
- Bob Feller is elected president and remains in the position until 1959.
1959 – Lewis has never worked full-time for the players, and does not want to, given his belief that they are not committed to their own cause (they resist even paying dues). At this point, the players tire of Lewis’ resistance and fire him. Feller steps down as well later on in the year. Frank Scott is hired as executive director to replace Feller, though he is also part time. Despite his part-time role, Scott accomplishes some important/notable things:
- Establishes a central office so that the players have somewhere to take their complaints.
- Negotiates to include a portion of All-Star Game revenue in pensions
- Negotiates a raise in minimum salary of $1000
- Drives the initiative to hire a legal advisor, in the form of Judge Robert Cannon.
Cannon is, well, a company man. He admits he doesn’t have a good grasp on pensions, the players’ main concern at this time, and tells owners that his “primary concern will be what’s in the best interest of baseball. Second thought will be what’s best for the players.” He tries to become commissioner of baseball while still working for the players. Nevertheless, the players think he is great because they think they have an “in” with the owners. So much so that, when they finally want to hire a full-time executive director, they almost hire the good judge.
1965 – At this point, the pension problem reaches a tipping point. Players are suspicious that teams/owners are hiding the truth about television and radio revenue in order to shortchange funding the player pensions. Distrust between players and owners was extremely high, and players were starting to believe they needed more robust representation by way of a full-time director and legal advisor.
At the same time,they do not trust union or labor organizing representatives. The owners have launched an effective propaganda campaign to persuade players that they play a game for a living, they don’t work, for which they should be grateful. In addition, if they bring in unionizers, they will bring in the mafia and commies, and that would be a disaster. Work stoppages mean not being paid, and not being able to live.
1966 – Nevertheless, the MLBPA’s search committee moves forward with interviews, including with Judge Cannon and one Marvin Miller. While Cannon is heavily favored, Miller is well-liked by certain members of the search committee, and well-respected in labor, given his background as an economist and labor attorney. He has worked with National War Labor Board, the International Association of Machinists, the United Auto Workers (UAW), and the United Steelworkers of America (USWA).
To counterbalance Miller’s pro-labor tendencies, the search committee wants to hire a guy named Richard Nixon as his legal advisor. During his interviews, Miller puts his foot down, arguing that he, or any director, would need to hire his own advisor so that they could be in sync on the mission and future of the MLBPA.
The search committee first offers the job to Cannon, but he does not want to move to New York. So they offer the role to Miller, pending a vote from the members, and do not hire Nixon. Nixon finds a different job. Part two will get into what happens next. Fifth unionization attempt: just getting started.
