Tag Archives: MLBPA

Notre Dame Law School students explore baseball arbitration

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BY STEVE KRAH

http://www.IndianaRBI.com

What’s a player in Major League Baseball worth?

The player’s side has one figure in mind.

The club side presents another number.

To decide who wins, it sometimes comes down to a third party — an arbitrator.

Thanks to Professor of Law Emeritus Ed Edmonds, University of Notre Dame Law School students get a taste for this process with an internal tournament in the fall and by sending a team to the Tulane International Baseball Arbitration Competition at Tulane University in New Orleans in January.

The 2020 contest was the 13th for the TIBAC, run by the Tulane Sports Law Society as a simulated salary arbitration competition modeled closely on the procedures used by MLB.

According to the Tulane Law School website, “Like most law school moot court competitions, TIBAC’s main goal is to provide participants with the opportunity to sharpen their oral and written advocacy skills.

“However, the competition is unique in that it allows law students to sharpen these skills within the specialized context of MLB’s salary arbitration proceedings.

“The competition is held annually in the early part of the spring academic semester at Tulane University Law School.

“Additionally, at the conclusion of the arbitration competition, Tulane’s Sports Law Society hosts a panel of experts to discuss legal issues related to baseball.”

The popular event usually has a waitlist.

About a decade ago, Edmonds got Notre Dame involved in the TIBAC. For the past five years, there has been an internal contest at Notre Dame.

“We tend have about 12 to 15 students per class that have a very, very strong interest in sports law,” says Edmonds, advisor to Notre Dame Law School’s Sports Communication & Entertainment Law Forum — the student organization that sponsors the internal competition and those that attend the TIBAC. “About three quarters of them were a college athlete or work experience in the sports area. (The internal competition and application) is a much more objective way of picking our team members.”

Edmonds has been doing research on baseball arbitration since the 1980s and co-authored with Frank G. Houdek the book “Baseball Meets the Law: A Chronology of Decisions, Statutes and Other Legal Events” (published by McFarland & Co., 2017).

During the internal arbitration competition, Edmonds advises two-person teams to develop a theme and follow it throughout the whole argument.

Edmonds says he hopes that the Notre Dame Law School, Mendoza College of Business and athletic department will be able to work closer in the future.

Representing Notre Dame at Tulane this time around were team members Kevin Francese, Sebastian Bellm and Ryne Quinlan and coach Elizabeth Lombard.

Francese and Lombard are in their third year of law school (3L). Bellm and Quinlan are in their first year (1L).

Bellm and Quinlan teamed up to win Notre Dame’s internal competition, which centered around former Fighting Irish player and current Baltimore Orioles right fielder Trey Mancini and required the player side argue a penny above the mid-point and the club side a penny below the mid-point to win the argument, besting Francese and Paige Carey in the finals. Francese, Bellm and Quinlan applied and were chosen by Lombard to go to Tulane.

With three rounds, the field was trimmed from 31 to eight on the first day and those eight advanced to the second day. Fordham University won its second straight title. Notre Dame was runner-up in 2019 (team members John Casey, Dominique Fry and Reid Fulkerson were coached by Stephen Scheffel).

The three players featured at the 2020 IBAC were New York Yankees right fielder Aaron Judge, Colorado Rockies right-handed starting pitcher Jon Gray and Milwaukee Brewers lefty closer Josh Hader.

Notre Dame was assigned to argue on the player side for Judge, the club side for Hader and had to be prepared on both sides of the argument for Gray.

TIBAC teams were required to produce exhibit slides and share them with competing teams.

Going before a judge and head-to-head with another team, they argued using a mid-point salary figure for each player.

First came the player argument then the team argument followed by the player rebuttal and team rebuttal. Two people had to talk during each argument. Points were assigned in each round.

Areas considered in the arguments included career contributions, injuries, past compensation, club attendance, team appeal and comparable players aka “comps.”

For Gray, who had a mid-point of $5.4 million, it was New York Mets righty starter Michael Wacha, Atlanta Braves righty starter Mike Foltynewicz and Texas Rangers lefty starter Mike Minor.

Lombard, a Chicago Cubs fan from the Chicago suburb of Western Springs, Ill., has been involved in baseball arbitration competition in all three years of law school. As a 1L, she was a team member. As a 2L, she ran the on-campus tournament and was an assistant coach. As a 3L, she ran the tournament, selected the team and went to Tulane as coach.

“This is unique for law school,” says Lombard. “It’s a non-confrontational way of arguing.”

There were several practice sessions with interruptions just like during the competition. Even law school students not involved were asked for their input.

While she could not get too involved, Lombard was able to help team members craft their arguments and edit their 10-page briefs. There were mock trial sessions at Notre Dame.

After the mental exhaustion of law school finals, much of the preparation happened during Christmas break.

TIBAC prizes were on the line for written presentations due in late December and oral presentations given in January.

“It was a really great experience,” says Lombard, who has a position in the general practice group at Sullivan & Cromwell LLP in New York waiting on her after law school. “You don’t have to work in baseball for it to be an asset to you.

“You get to learn about another area of the law. You’re exploring salary arbitration and get to hone general negotiation skills.”

Guests at Tulane have included people like past TIBAC finalist Greg Dreyfuss (Director of Analytics and Baseball Operations for the MLBPA) and former Notre Dame baseball player Matt Nussbaum (Deputy General Counsel for the MLBPA and son of Midwest League president Dick Nussbaum).

“It’s super cool to be able to talk to people in the industry who are interested in our success,” says Lombard.

She nows looks at the game in a different way.

“My love for baseball has totally transformed,” says Lombard. “Now I feel I can talk with the best of them. It’s not only back of the baseball card, but advanced statistics.”

Lombard notes that the baseball player market has blown up and its sometimes difficult to value them.

“You get once or twice in a lifetime players,” says Lombard. “(Players rank) somewhere between (new Los Angeles Dodgers right fielder) Mookie Betts and someone else.”

Francese came to ND from Chappaqua, N.Y., which is 30 miles north of New York City. This was his first time in baseball arbitration competition. He pulls for the New York Yankees.

“We were assigned the player side of Aaron Judge, which is great because I’m a Yankee fan,” says Francese. “I had to talk up Aaron Judge, not talk him down. I don’t know how we didn’t win our Aaron Judge argument.

“I do play fantasy baseball. I don’t take (Boston) Red Sox as a policy.”

Bellm, another Cubs fan who moved with his family to Mishawaka, Ind., in 2008 and graduated from Marian High School in 2011. He graduated from St. Bonaventure (N.Y.) University with an accounting and finance degree in 2016. He lived in Chicago for three years before law school.

“This is different than anything I’ve done before,” says Bellm. “I’ve always been a baseball fan. But I had to dig into a deeper level.

“It was also nice change of pace from regular law school.”

Competitors get no extra credit and do the work on their own time.

Bellm notes that baseball salary arbitration is a niche area of the law and there might be 50 lawyers in the country who specialize in it and 20 or so of them attend the TIABC as guest judges.

“Jobs (for lawyers in baseball arbitration) are few and far between,” says Francese. “It’s not a wide spread thing. Certain people in big law firms do it.

“I hope to get back into sports law at some point in my career.”

He says he hopes to stay involved with the competitions throughout his time in law school.

Bellm notes that studying for Mancini’s case was helped by his position.

“With more outfielders, there’s more comps,” says Bellm.

It’s easier to compare corner outfielders than a second baseman to a shortstop.

While competitors had to be versed in the player and club sides, Bellm says the argument was stronger on the player side for Mancini, who was coming off a strong platform year (the season before arbitration). It’s their most-recent performance.

Mancini had a solid rookie year, a sophomore slump then had a uptick in his platform year. Those arguing for the player would emphasize his improvement. On the club side, they would point out a lack of consistency.

“It’s one of the most important factors considered in the Collective Bargaining Agreement (between the 30 MLB clubs and the MLBPA),” says Bellm of the platform year.

To make the competition more realistic, only real arbitration-eligible players are used. If a player’s real case is settled prior to the competition, that information can’t be used.

Edmonds says in most years 150 to 170 MLB players are arbitration-eligible, but few of those go to hearings.

For the record, Judge and the Yankees avoided arbitration and the club agreed to pay him $8.5 million. His 2019 salary was $684,300.

Gray and the Rockies reached an agreement and avoided arbitration. His salary went from $2.925 million in 2019 to $5.6 million in 2020.

Hader lost his arbitration case. He requested $6.4 million. He was given $4.1 million.

Mancini and the Orioles avoided arbitration. He earned 575,500 in 2019 and signed for $4.75 million in 2020.

Quinlan is from the Chicago suburb of Algonquin, Ill. He received a undergraduate and master’s accounting degrees from Notre Dame in 2016 and 2017. He serves in the U.S. Army National Guard.

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Repesenting Notre Dame Law School at the 2020 Tulane International Baseball Arbitration Competition (from left): team members Kevin Fracense, Sebastian Bellm and Ryne Quinlan and coach Elizabeth Lombard.

Indiana’s Edgerton among former players thrown a curve by baseball

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By STEVE KRAH

http://www.IndianaRBI.com

Bill Edgerton would not trade his time on a professional baseball field for the world.

It’s the business side that has left a bitter taste for the former left-handed pitcher who spent 68 days on a Major League Baseball roster.

“It was the best time of my life,” says Edgerton, who graduated from Penn High School in Mishawaka, Ind., in 1960 and played in the majors with the Kansas City Athletics in 1966 and 1967 and the Seattle Pilots in 1969. “I enjoyed every second of it. There was a statistic back then that something like 1 in 10,000 guys made it (to the big leagues). That was everybody’s goal to make it there and establish yourself.

“Along the way, they had the situation to their liking but not to anybody else’s.”

The ‘they” Edgerton refers to is the owners and baseball officials who make money decisions, including pensions.

“It’s always been a one-sided situation,” says Edgerton, 76. “I found that out.

“When I played, they sent you to a league nearest your home so they can give you a bus ticket to get home.

“The whole system was set up for them to make money. It was a business more than anything else. It’s the old adage: the little guy doesn’t matter much. They are working in volume and numbers.”

Doug Gladstone, author of the book, “A Bitter Cup of Coffee; How MLB & The Players Association Threw 874 Retirees a Curve,” has been advocating for Edgerton and 500 other men do not get pensions because they did not accrue four years of service credit. That was what ballplayers who played between the years 1947 and 1979 needed to be eligible for the MLB pension plan.

“A lot of us wouldn’t have gotten a dime without his persistence,” says Edgerton of Gladstone. “He’s a driving force for guys who don’t even realize they have someone in their corner.”

Gladstone calls it an “under-reported topic” and an “incredible injustice.”

“All these men have been getting since 2011 are non-qualified retirement payments of $625 per quarter, up to 16 quarters, or a maximum payment of $10,000,” says Gladstone. “Meanwhile, the maximum IRS pension limit is $210,000. Even the minimum pension a vested retiree can get is a reported $34,000.

“The union representing the players, the Major League Baseball Players Association (MLBPA), doesn’t have to be the legal advocates for these men, the league doesn’t have to negotiate about this matter and the alumni association is too busy putting on golf outings.”

Gladstone notes that Forbes recently reported that the current players’ pension and welfare fund is valued at $2.7 billion, yet the union representing the current players, the MLBPA, has been reluctant to share the wealth.

Edgerton, who laid out his case to South Bend Tribune columnist Al Lesar in 2012, fought to prove he had 68 days of service time and was finally given an annual sum that Gladstone says amounts to less than $1,000 after taxes.

“It was real frustrating,” says Edgerton of his prolonged fight. “They tried to work me under the mill. It’s been a long, hard battle. I’ve been lied to, twisted and turned.

“It’s shameful.”

Gladstone calls Edgerton’s payment a pittance, especially in industry reportedly worth $12-13 billion.

“In the grand scheme of things, it’s chump change,” says Gladstone. “These are reparations. They’re definitely not pensions. A pension can be passed on to a loved one.”

Kim Edgerton, 20 years younger than husband Bill, will receive nothing after her husband passes away.

“Bill wants to provide for his wife,” says Gladstone. “Nobody can have too much money. I know guys who have no health insurance and have had three heart attacks.

“Not everybody is commanding the money today’s players are making. That’s what people don’t get. The explosion of wealth this game has seen did not trickle down the guys who played before 1980.”

Gladstone notes that Richie Hebner, who played through 1985, was a grave digger in the off-season throughout his 18-year MLB career.

“Guys like Yoenis Cespedes don’t have to dig a ditch,” says Gladstone. “If they make proper investments, they have no worries about money.

“But there are some living hand-to-mouth.”

While Edgerton is not in that situation, he is grateful for the advocate’s efforts.

“Gladstone knows what he’s doing,” says Edgerton. “He knows how they lie and cheat. There are till guys who deserve something and don’t get anything. There are guys who really need it.”

Edgerton retired after 34 years at the AM General plant in Mishawaka and headed south for warmer weather.

“I don’t regret that move at all,” says Edgerton, who lives on a golf course in Foley, Ala., a town not far from the Gulf of Mexico.

Edgerton fondly remembers his early baseball days at Jefferson Elementary in South Bend. Al Vincent was his coach.

“We all idolized this guy because of his knowledge, personality and teaching skills,” says Edgerton, whose older brothers Mel and Paul played at South Bend Adams and got the attention of professional scouts and younger brother Rick was an all-around athlete at Penn. “Those guys are rare and they stuck with you for your life. They don’t only teach you what you need to know about the game, but away from the game.”

Edgerton played on the Mishawaka High School varsity as a freshman and then went to Penn when that school opened its doors. Bill Brinkman was the Kingsmen’s head coach.

During the summer, Edgerton took the mound for Sherman Cleaners and then the Toasty Flyers, coached by future Indiana High School Baseball Coaches Association Hall of Famer and professional coach and manager Jim Reinebold.

“I pitched against college players,” says Edgerton, who had a few college baseball opportunities but continued to play on the semi-pro circuit after high school graduation before signing with the expansion New York Mets as an amateur free agent in 1963.

“I played in the Mets organization for 90 days,” says Edgerton, who was with the 1963 Quincy (Ill.) Jets. “They owed me bonus money.”

After his release, Edgerton came back to northern Indiana and was planning to give up on pro baseball.

“I was giving my equipment away,” says Edgerton, who then got an offer from the Kansas City Athletics, owned by Charles O. Finley. They needed a left-hander to finish the summer. He signed and went back to the Class-A Midwest League with the Burlington (Iowa) Bees.

Edgerton was in Class-A and Triple-A ball in 1964, Double-A in 1965 and went 17-6 for the 1966 Triple-A Mobile (Ala.) A’s when he was called up to Kansas City.

At 25, he made his debut Sept. 3 with a scoreless inning against the Boston Red Sox and got into six big league games in 1966 and seven in 1967.

“I did a lot of sitting and watching,” says Edgerton, who watched owners try to recoup their investment in their Bonus Babies (amateur baseball players who received a signing bonus in excess of $4,000 and went straight to the majors between the years 1947 and 1965). “I know I had better skills than them. I’m not bragging. That’s the way it was.”

The 6-foot-2 southpaw pitched in the minors with the California Angels and Philadelphia Phillies in 1968.

Before the 1969 season, Edgerton went from the Phillies to the expansion Seattle Pilots. He was with the Vancouver (B.C.) Mounties and then the big-league Pilots, appearing in four games. His final MLB appearance was April 25 against the Oakland Athletics.

He wound up with one MLB win, 11 strikeouts and a 4.79 earned run average. After his time in the big leagues, he also pitched in the Baltimore Orioles and Los Angeles Dodgers systems.

“I’m glad that was the time period I played in,” says Edgerton. “There were some great ballplayers — ones I idolized for years and years. There was Mickey Mantle, Ted Williams, Willie Mays. They were exceptional for their time.”

Edgerton recalls one spring while with Kansas City when the Athletics went to play the New York Yankees, who then trained in Fort Lauderdale, Fla.

As Edgerton and another Athletic approached the batting cage, they saw Mantle taking his cuts.

“Did you just get the chills?,” Edgerton asked his teammate. “The hairs were standing up on my arm. There’s an aura here I don’t understand. I’d like to face that guy one time to see what I got. The only regret is I didn’t get the shot I deserved.”

Nor the financial compensation.

BILLEDGERTONKCATHLETICS

Bill Edgerton, a 1960 graduate of Penn High School in Mishawaka, Ind., pitched in parts of three seasons in the big leagues with the Kansas City Athletics and Seattle Pilots.