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View Full Version : Union agrees with worldwide draft


Jerry_Manuel
07-12-2002, 05:46 PM
Union (http://espn.go.com/mlb/news/2002/0712/1405135.html)

Baseball's labor talks resumed Friday with players and owners giving the arbitrator in the contraction grievance an extension until next month.

In the first bargaining session since June 27, the union agreed to management's concept of a worldwide draft.

Arbitrator Shyam Das heard 20 days of testimony from nine witnesses from Dec. 4 to April 10 and had told the sides he would try to issue a decision by Monday.

Paulwny
07-12-2002, 06:14 PM
That will limit King George and his out bidding everyone for Latin Ball Players.

Chisoxfn
07-12-2002, 06:46 PM
It will also make the scouting process even more important. With so many more players now being made available for everyone it wlil mean that the teams with the best scouting departments will have that more of an edge when it comes to finding talent throuhgout the draft.

The way I see it more people available means more talent throughout the rounds and gives that fact that no pick is a wasted pick.

This is the one area we appear to excel at and aren't cheap in so now we can go out and find us some latin players as well.

PaleHoseGeorge
07-12-2002, 06:56 PM
I think it will be more interesting to know what five U.S. Supreme Court justices think about it.

Or for that matter, what every other country's supreme court thinks about it, too!

:)

LongDistanceFan
07-12-2002, 07:04 PM
Originally posted by PaleHoseGeorge
I think it will be more interesting to know what five U.S. Supreme Court justices think about it.

Or for that matter, what every other country's supreme court thinks about it, too!

:) i may have missed something, but can you explain.

PaleHoseGeorge
07-12-2002, 07:21 PM
Originally posted by LongDistanceFan
i may have missed something, but can you explain.

The owners are trying to protect themselves from competing with one another for signing young ballplayers. The union doesn't care about any ballplayers until they reach the big leagues, namely become union members. Thus MLB and the MLBPA have no conflicting interests regarding a worldwide draft.

OTOH, consider a prospect in Japan or Venezuela. I suspect they want to negotiate the best deal possible for themselves and would never limit themselves to negotiating with only one team. Given that the draft only protects American commercial interests, I seriously doubt any foreign ballplayer would have trouble getting a ruling from a foreign court allowing them to negotiate with any American team they wanted.

Furthermore, if a team should sue another team for signing one of their foriegn draft picks, I suspect the U.S. Supreme Court would rule the entire process against the law. It's obviously a restraint of trade. The only reason any of these sports drafts have never been challenged is because none of the prospects wants to be the one to risk their future in the Show. A foreign player (especially those in Japan) would have no such problem asserting their rights.

LongDistanceFan
07-12-2002, 07:28 PM
Originally posted by PaleHoseGeorge




Furthermore, if a team should sue another team for signing one of their foriegn draft picks, I suspect the U.S. Supreme Court would rule the entire process against the law. It's obviously a restraint of trade. The only reason any of these sports drafts have never been challenged is because none of the prospects wants to be the one to risk their future in the Show. A foreign player (especially those in Japan) would have no such problem asserting their rights. interesting point and thanks.

Paulwny
07-13-2002, 09:03 AM
Originally posted by PaleHoseGeorge


The owners are trying to protect themselves from competing with one another for signing young ballplayers. The union doesn't care about any ballplayers until they reach the big leagues, namely become union members. Thus MLB and the MLBPA have no conflicting interests regarding a worldwide draft.

OTOH, consider a prospect in Japan or Venezuela. I suspect they want to negotiate the best deal possible for themselves and would never limit themselves to negotiating with only one team. Given that the draft only protects American commercial interests, I seriously doubt any foreign ballplayer would have trouble getting a ruling from a foreign court allowing them to negotiate with any American team they wanted.

Furthermore, if a team should sue another team for signing one of their foriegn draft picks, I suspect the U.S. Supreme Court would rule the entire process against the law. It's obviously a restraint of trade. The only reason any of these sports drafts have never been challenged is because none of the prospects wants to be the one to risk their future in the Show. A foreign player (especially those in Japan) would have no such problem asserting their rights.


I'm very,very far from any legal expert so, PHG, your thoughts or anyone else.
If the player signs his contact in the US, the law of that country applies?
Because of mlb's anti-trust it is exempt from 99% of the laws regular businesses have to abide by and this would never go before the US Supreme Court?
Unless an owner (King George) circumvents the agreement and signs the player on his native soil, I think the draft is legal by prior court rulings in the US.

PaleHoseGeorge
07-13-2002, 09:20 AM
Originally posted by Paulwny



I'm very,very far from any legal expert so, PHG, your thoughts or anyone else.
If the player signs his contact in the US, the law of that country applies?
Because of mlb's anti-trust it is exempt from 99% of the laws regular businesses have to abide by and this would never go before the US Supreme Court?
Unless an owner (King George) circumvents the agreement and signs the player on his native soil, I think the draft is legal by prior court rulings in the US.

I would only be guessing how the courts would rule on a draft. My point was simply to note American courts could not prevent a foreign ballplayer from negotiating with multiple teams. OTOH, the American team signing him might be sued for damages by the American team whose "rights" to the ballplayer were violated. That gets us to another sticky wicket: the validity of a draft system that restricts trade.

I have no idea how legal precedents would apply, but certainly a foreign court would be expected to defend the interests of their own citizens way ahead of American commercial interest. That's the interesting issue raised by the worldwide draft concept that neither MLB or the MLBPA are acknowledging yet.

At the very least, signing a foreign ballplayer will be far more difficult than an American ballplayer, even if you have acquired the "rights" via draft. That's all I can say for sure.