
Alex Blutman is a student at Harvard Law School and a member of the Labor and Employment Lab.
The second longest work stoppage in the history of Major League Baseball is over. After a 99-day lockout, MLB and the MLB Players Association reached a tentative agreement on March 10, coming to terms on a new collective bargaining agreement that will govern the game for the next five years. Importantly, the hurried, last-minute deal means a full, 162-game season will take place.
The result is surprising given the course of events over the past two weeks. On March 1, MLB cancelled each team’s first two series of the season after the MLBPA rejected the league’s proposal on an agreement following 16.5 hours of negotiations the previous day. There seemed to be so little optimism about a deal that some suggested the union might dissolve itself in order to bring an antitrust suit against the league. While many issues separated the two sides, the labor dispute centered the very economics of the sport—in a league in which revenues grew beyond $10 million in 2019, the owners were willing to reallocate the money distributed to the players, but not accede to the players’ demands to increase their allotment. Although the players have seemingly had public support on their side, the owners—better able to weather the economic sacrifices of a delayed season—presumably had the upper hand in bargaining. According to an Associated Press study, players would lose $20.5 million in salary for each day of the season that was to be cancelled. On March 7, reports suggested that MLB planned to cancel another week of games if a deal wasn’t reached the following day, which MLB held out as a deadline to salvage a full 162-game season with full pay and service time accrual for players. The league softened that deadline after nearly 17 hours of negotiations on March 8 prompted the union to ask for time to convene with player leaders the next day before responding to MLB’s proposal. When a deal failed to materialize on March 9, MLB cancelled a second week of the regular season.
The two sides finally reached an agreement in the afternoon of March 10, meaning spring training camps could open immediately, free agent signings can begin March 17, and opening day will take place April 7. The increase in the competitive balance tax—a salary threshold over which team spending is progressively taxed—from $230 million to $244 million helped the deal coalesce. Other key terms of the new agreement include an increase in the minimum salary for players with less than three years of service time, enlargement of the pre-arbitration bonus pool, expansion to a 12-team playoff format, and the introduction of advertising on player uniforms. After union leaders voted in favor of the agreement by a 26-12 tally, all 30 team owners unanimously ratified the deal, officially ending the lockout and making effective the new CBA.
Brian Flores urged NFL Commissioner Roger Goodell last week to reject a request made by the Miami Dolphins for the league to compel arbitration of his racial discrimination claims. In a letter addressed to the Commissioner, Flores and his lawyers argued that his claims, which “involve important issues of systemic race discrimination,” should “play out in a transparent and public legal process,” rather than in “secret arbitration proceedings that lack transparency.” The Dolphins, according to the letter, made the arbitration request last month. In attempting to persuade Commissioner Goodell, Flores’ letter makes reference to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, recently signed into law, which amends the Federal Arbitration Act to make pre-dispute arbitration agreements for sexual assault and sexual harassment claims invalid and unenforceable.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
April 20
In today’s news and commentary, the Supreme Court rules for Cornell employees in an ERISA suit, the Sixth Circuit addresses whether the EFAA applies to a sexual harassment claim, and DOGE gains access to sensitive labor data on immigrants. On Thursday, the Supreme Court made it easier for employees to bring ERISA suits when their […]
April 18
Two major New York City unions endorse Cuomo for mayor; Committee on Education and the Workforce requests an investigation into a major healthcare union’s spending; Unions launch a national pro bono legal network for federal workers.
April 17
Utahns sign a petition supporting referendum to repeal law prohibiting public sector collective bargaining; the US District Court for the District of Columbia declines to dismiss claims filed by the AFL-CIO against several government agencies; and the DOGE faces reports that staffers of the agency accessed the NLRB’s sensitive case files.
April 16
7th Circuit questions the relevance of NLRB precedent after Loper Bright, unions seek to defend silica rule, and Abrego Garcia's union speaks out.
April 15
In today’s news and commentary, SAG-AFTRA reaches a tentative agreement, AFT sues the Trump Administration, and California offers its mediation services to make up for federal cuts. SAG-AFTRA, the union representing approximately 133,000 commercial actors and singers, has reached a tentative agreement with advertisers and advertising agencies. These companies were represented in contract negotiations by […]
April 14
Department of Labor publishes unemployment statistics; Kentucky unions resist deportation orders; Teamsters win three elections in Texas.