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MLB Collective Bargaining Talks Begin

With so much talk about the collective bargaining agreement negotiations occurring within NFL and NBA circles, the MLB often gets left out of the discussion.  All three sports’ collective bargaining issues will be discussed this Friday at the 2010 UF Sports Law Symposium.  Anyway, the current MLB Collective Bargaining Agreement expires on December 11, 2011.  With expiration set less than two years away from today’s date, there is no reason that it should be ignored.  Time flies, and the last thing that executives and players’ association personnel want to think about during the championship season are the specific terms that need to be renegotiated or negotiated in/out of the next CBA.

Since 1966, professional baseball players have collectively gone on strike five times (1972, 1980, 1981, 1985 and 1994-95) and the owners have locked out the players three times (1973, 1976 and 1990).  And you thought that both sides see eye-to-eye.

The hottest topic right now concerns the potential for a slotting system that would be similar to what is used by the NBA in the first round of that league’s draft.  Basically, the way that the NBA’s first round works is that every year, the value at each slot goes up to reflect inflation.  Players and their agents can bargain for as much as 120% of the slot at which they are selected, but the teams may also submit offers for as low as 80% of the slot value.  Would this type of system work in Major League Baseball?  For one round?  For fifty rounds?

Would a slotting system really help out the worst teams by allowing them to make their picks based on talent instead of a mixture of talent and something called “signability”?  Maybe in the short term, but once those terms are unable to retain the players, they will move onto the Yankees and Red Sox as they do under the status quo.  But if the owners really want this slotting system, they will have to concede on some major things that the union desires.  If the money for draft picks decreases, then the money for proven veterans will have to increase.  There is no way that the MLBPA allows owners to get away with spending less across the board.

What do you envision being a hot issue as CBA talks increase?  Tracy Ringolsby of BaseballAmerica.com thinks that Strasburg and Chapman will be the hot topics.  How will those issues be solved?  There will undoubtedly be many concessions made by both sides at the negotiation table.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.