By: Heather Udowitch
MINOR LEAGUE BASEBALL UNIONIZES UNDER THE MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION
For over 100 years, Minor League Baseball (“MiLB”) operated without a formal union.[1] However, everything changed on Wednesday, September 14, 2022 when the Major League Baseball Players Association (“MLBPA”) voluntarily decided to represent MiLB players.[2] For the first time in history, MiLB will have union representation.[3]
The genesis of this unionization began on June 24, 2016 when Congress introduced the Save America’s Pastime Act, which exempted MiLB players from minimum wage and maximum hour requirements.[4] In 2018, Congress enacted the act,[5] enraging minor league players, already unsatisfied with their treatment.[6] Under the previous financial structure, “the vast majority of minor league players ma[d]e less than $12,000—below the federal poverty line.”[7] Further, to make ends meet, many players maintain additional jobs.[8] Due to this frustration, advocacy groups formed hoping for improved minor league player treatment.[9] These groups utilized social media platforms to highlight minor league living standards.[10] The groups grew, and MLBPA answered by pledging $1 million to the groups. Similarly, Major League Baseball (“MLB”) responded by providing lodging for all players.[11]
Moreover, earlier this year, MLB settled Senne v. MLB.[12] In that case, former Miami Marlins minor league player, Aaron Senne, alongside two other retired minor league players, filed a class-action lawsuit seeking payment for minimum-wage and overtime violations by various teams.[13] The parties settled for $120,197,300, which will benefit thousands of players.[14] Additionally, as part of the settlement, teams are allowed to pay minor league players throughout spring training.[15] This settlement, together with the advocacy groups’ efforts, demonstrated the power of collective action, and leaders amongst the minor league players emerged.[16]
With this newfound confidence, minor league players reacted promptly after receiving union-authorization cards from the MLBPA.[17] Most of the 5,500 minor league players returned the cards, designating the MLBPA as their bargaining representative.[18] After this majority response, MLB had two choices: either force players to vote through the National Labor Relations Board or voluntarily recognize the union.[19] Either way, the unionization of minor league players was inevitable.[20] Accordingly, MLB chose the ladder.[21]
The scope and size of the minor league union has yet to be determined.[22] Nonetheless, the MLBPA intends to designate a separate bargaining unit for minor league players with its own player representatives and executive board.[23] Moreover, for this upcoming season, the group will have its first-ever collective bargaining agreement (“CBA”).[24] The goal is to finalize a CBA by the start of spring training, with players’ salaries being the top priority.[25] Additional conditions such as training facilities, meals, and travel conditions may also be included in the upcoming CBA.[26] Although many spectators are optimistic about the future, some players and player-development executives fear the union will result in fewer minor league teams or roster spots.[27] Regardless of this skepticism, this monumental time in baseball was unimaginable for years.[28] Therefore, although the future is uncertain, at least minor league players will have formal representation.
[1] James Wagner, M.L.B. Will Voluntarily Recognize Minor League Union, N.Y. Times (Sept. 9, 2022), https://www.nytimes.com/2022/09/09/sports/baseball/minor-league-union.html.
[2] Mark Feinsand, Minor League Players Recognized as Part of MLBPA, MLB.com (Sept. 14, 2022), https://www.mlb.com/news/minor-leaguers-join-mlb-players-union#:~:text=Based%20on%20the%20authorization%20cards,League%20players%20and%20our%20fans.%E2%80%9D
[3] Wagner, supra note 1.
[4] Minor Leaguers Are Joining The MLBPA: Here’s What The Unionization Means, ESPN(Sept. 14, 2022), https://www.espn.com/mlb/story/_/id/34586802/minor-leaguers-joining-mlbpa-here-unionization-means [hereinafter Minor Leaguers Join the MLPA]; H.R. 5580, 114th Cong. (2016).
[5] Id. at 3.
[6] Minor Leaguers Join the MLPA, supra note 4.
[7] Wagner, supra note 1.
[8] Id.
[9] Minor Leaguers Join the MLPA, supra note 4.
[10] Id.
[11] Id.
[12] Jess Passan, MLB to Pay $185 Million In Settlement With Minor League Players Over Minimum-Wage and Overtime Allegations, ESPN (July 15, 2022), https://www.espn.com/mlb/story/_/id/34249632/mlb-pay-185-million-settlement-minor-league-players-minimum-wage-allegations.
[13] Id.
[14] Id.
[15] Id.
[16] Minor Leaguers Join the MLPA, supra note 4.
[17] Id.
[18] Id.
[19] Id.
[20] Id.
[21] Id.
[22] Wagner, supra note 1.
[23] Feinsand, supra note 2.
[24] Minor Leaguers Join the MLPA, supra note 4.
[25] Id.
[26] Id.
[27] See id.
[28] See Wagner, supra note 1.
