Categories
Arbitration Contract Negotiation Headline

The Current Status Of Salary Arbitration In Japanese Baseball

No game is growing as fast internationally as professional basketball.  However, baseball is not as far behind as some people may think.  Dynasty recently placed a player in Germany, last year we signed an MLB-affiliated player who played his entire life in Italy, and we were close to signing a player with either a Korean or Taiwanese team this past offseason.  Korea, Taiwan, and the most popular Far East baseball destination of Japan, receive the most acclaim as providing high level professional baseball competition outside of the United States.  The Far East has a baseball market that is viable for many proficient MLB players, and should always be considered as a potential option for talented clients.  Since leverage is the name of the game, you always want to remind management that there are other options out their for your clients (without sounding too threatening).

Anyway, if you are going to place your players in an overseas market, you should know as much as possible about that market.  Salary arbitration is a big component of Major League Baseball.  Did you know that it is also an option within Nippon Professional Baseball (NPB)?  NPB is Japan’s top professional league.

David L. Snyder has a piece in the Marquette Sports Law Review’s Fall 2009 issue titled, Automatic Outs: Salary Arbitration in Nippon Professional Baseball.  If you are a regular reader of this site, you can skip to Section III of the paper, as you should already be well versed on MLB’s final offer salary arbitration system.  Section III covers labor relations and salary arbitration in the NPB.

The NPB does not have a collective bargaining agreement; the owners decide the players’ terms and conditions of employment.  A union amongst its players was established in 1985, and there has only been one players strike since then (in 2004).  It was not until 2001 that players were allowed to have agents represent them in contractual negotiations, and still today, agents must also be Japanese attorneys and Japanese citizens to have the right to represent one, and only one, NPB player.

The owners decided to create a salary arbitration system, and thus, it is something that is inherently beneficial to them.  This is how salary arbitration is implemented,

“If a player is dissatisfied with the terms of his contract for the upcoming season, and he and the team cannot reach an agreement on a salary figure, then the player can petition the league president for salary arbitration.”

If the league president says no, then it is tough luck for the player.  And in most circumstances, unless a player has truly exhausted every possibility to reach an agreement with an NPB club, the league president will deny salary arbitration.  That is a big reason why it is very rare for a player in the NPB to even suggest requesting arbitration, which they may do every year if they chose to do so.

If the league president permits a player to go to salary arbitration, the player will then be confronted by a three person panel made up of the NPB commissioner and the 2 league presidents.  Hardly impartial.  Guess who choses the commissioner and league presidents?  The owners.  In the history of NPB salary arbitration, only one player (out of 6) has been victorious.  That is one more than I would have figured before reading that fact.

The players union has tried to convince owners to add player representation on the salary arbitration panels, but the owners have not budged on the make-up of the three person panel.

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.

2 replies on “The Current Status Of Salary Arbitration In Japanese Baseball”

Comments are closed.