• print
  • decrease text sizeincrease text size
    text

Why Baseball Minor Leaguers Voted to Unionize

Share this post

Minor league baseball has long been notorious for its low wages and grueling working conditions. 

But that could soon change, as players are on the brink of one of the most sweeping unionization drives that professional sports has seen in years.

On Tuesday, the Major League Baseball Players Association (MLBPA) announced that more than half of minor league players voted to unionize and that it is seeking voluntary recognition from Major League Baseball (MLB) to represent minor leaguers. If the league refuses, a National Labor Relations Board election that would provide a referendum on the state of the changing sports labor landscape is the likely next step. 

Dr. Travers, a professor of sociology and anthropology at Simon Fraser University who uses a single name, said that sport has long been treated as a kind of ?“quasi profession” with different cultural norms than many other industries?—?but that appears to be changing. 

“There’s an ideology of luck,” they said. ?“There’s this idea of, ?‘We’re just so lucky, we’re so grateful to even have a chance at this dream,’ but if you actually look at what’s happening, you have a labor pool that is vastly under-remunerated, who don’t have the same protections that workers in other sectors do.”

Rise in Athletes Unionizing

Athletes across sports appear to be wising up.

The U.S. women’s national soccer team won an equal pay agreement in their most recent collective bargaining agreement. National Basketball Association players organized around the racial justice uprisings of 2020, while college athletes are now being compensated for the use of their name and likeness. 

The rise in organizing in sports has coincided with a massive surge in labor activity across the country, which has seen labor unions hit their highest approval rating since 1965. 

Baseball, whose extensive and precarious minor league system is perhaps unrivaled in American professional sports, has been particularly ripe for collective action. 

“Baseball’s minor leagues have long been a place of hyper exploitation, where ?‘disposable populations’ essentially grind out a living under extraordinarily difficult conditions and where baseball brass, the people who run the sport, keep players in line in a certain respect through poverty wages,” said Jules Boykoff, professor of politics at Pacific University. 

Fighting for Higher Wages

That is no exaggeration. While the average value of an MLB franchise is more than $2 billion, most minor league players make, on average, less than $14,000 per year?—?and are only paid during the regular season and not for work during spring training or the offseason. This is by design: in 2018, the MLB successfully lobbied Congress to pass legislation exempting baseball players from the federal minimum wage and collecting overtime pay. 

Groups of minor league players and activists have been organizing for years, but Boykoff said it’s no coincidence that the momentum behind organizing minor league baseball has crescendoed as the broader labor movement has grown in strength. 

Indeed, the push to unionize minor league players comes as the MLBPA this week took a significant step to align itself with the broader labor movement and announced its affiliation with the AFL-CIO.

AFL-CIO President Liz Shuler pledged in a statement announcing the MLBPA’s affiliation that the union would ?“bring our strength” to the fight to organize minor league baseball, while MLBPA Executive Director Tony Clark told HuffPost?’s Dave Jamieson that his union wants to be ?“part of the broader labor discussion.”

The new affiliation promises to not only lend organizing muscle to the minor league unionizing fight, but to also situate major league players in the same union as a number of stadium concession workers represented by UNITE HERE, who have notably agitated this year for better wages and working conditions in places like Los Angeles. 

Baseball Legislation

The new alignment with the broader labor movement also comes as Congress has threatened to revoke Major League Baseball’s unique antitrust exemption for its treatment of the minor league’s franchises and players, which MLB Commissioner Rob Manfred said would cause irreparable harm in a July letter to the Senate Judiciary Committee.

In March, Sen. Bernie Sanders (I-Vt.) introduced legislation called the Save American Baseball Act which would eliminate the exemption. At the time, he said, ?“These are baseball oligarchs who, over the last year, eliminated their affiliation with over 40 minor league teams, not only causing needless economic pain and suffering, but also breaking the hearts of fans in small and mid-sized towns all over America.”

Boykoff said that federal legislation revoking the antitrust exemption could go a long way in shoring up labor protections for players as well as potentially protecting communities who value baseball as more than a means of enriching ultra-wealthy owners, as Major League Baseball angles to eliminate minor league teams and jobs to save money in the coming years.

Players are Workers

Ryan Gauthier, a lawyer and professor at Thompson Rivers University, said that if the unionization push is successful and players win living wages, Major League Baseball may retaliate by contracting more teams, much as Starbucks has closed a number of newly unionized stores this year. 

At the same time, that threat of organizing might make the security of union protections all the more attractive in an industry long sustained by players living on the edge. 

“I think a lot of athletes in the past were very much, ?‘I’m lucky to do this, it’s for the love of the game, thank you Mr. Owner for giving me my opportunity, I’d gladly do this for free,’” Gauthier said. ?

“But I think a lot of players realize now: they’re workers.”

This blog originally appeared at In These Times on September 8, 2022. Published with permission.

About the Author: Abe Asher is a journalist whose reporting on politics, protest, and the climate has been published in The Nation, VICE News, the Portland Mercury, and other outlets.


Share this post

Striking Out with Unemployment Benefits: Minor League Baseball (MLB) Players Hurdle to Collect Unemployment Insurance Benefits

Share this post

MLB and its players have begun discussing a way to restart the 2020 season following the COVID-19 delay. During this process, more than 1,000 players have been released from their contracts and have become free agents according to Forbes, while others are facing uncertainty on if they will also be released from their contracts or if their season will ever get underway. Although the MLB Players Association is officially moving forward with a shortened season, this association does not represent minor league baseball players (“MiLB”). Many baseball experts speculate that the minor league season will be cancelled; however, while these discussions are underway many players remain “unemployed.”  During these uncertain times, questions surrounding MiLB players’ ability to collect unemployment have swirled. Unlike MLB players who often have multi-million-dollar contracts, MiLB players typically only make around $14,000 per season, with many of them having to turn to gig jobs to make ends meet. At the beginning of April, MLB announced that it would be paying MiLB players $400 per week, but this is a stipend and does not count as a salary. 

Yahoo Sports, The Washington Post, and many other news sources have written that MiLB players cannot apply for unemployment benefits because they are under contract, meaning they are subject to the Federal Unemployment Tax Act, subsection 3304(a). This Act stipulates that professional athletes cannot apply for unemployment benefits if they are in between seasons as long as they have reasonable certainty that they will be employed in the following season. According to the Department of Labor, an athlete has reasonable assurance of performing services in the next athletic season if there is a contract; if the employer expressed interest to the player in hiring them for the next season; or if the athlete expresses an intent to participate in the sport for the next season. There is no direct language in the contract stipulating that players cannot apply for unemployment benefits.

George Wentworth from the National Employment Law Project argues that MiLB players are eligible because they were not between seasons, instead that the season had started because the players had begun spring training. However, according to Yahoo Sports, it is ambiguous whether spring training is considered part of the official season because although many teams had started spring training, they only get paid in season and would not receive a paycheck until April. If spring training is considered part of the season, then players are able to apply for unemployment benefits because they are technically unemployed during their official season. In this case, players should apply for unemployment benefits through their state. If they are denied, they should appeal, explaining that they are unemployed during their season. The players should also be able to apply for Pandemic Unemployment Assistance (PUA). If spring training is not considered part of the season, players may still be able to make the argument that they are eligible for unemployment because they do not have reasonable certainty that they will play in a successive season. This argument is now bolstered by the multitude of teams, a full list of released players can be found on MLB Trade Rumors’ website, that have released their MiLB players in droves. 

William B Gould IV, a law professor emeritus at Stanford University and the former National Labor Relations Board chairman, says that although players may not be able to apply for the typical state unemployment benefits, they are considered independent contractors and “gig workers,” who are now entitled to pandemic unemployment compensation. 
Either way, Wentworth encourages all MiLB players to apply for unemployment insurance in any state where they were employed. For a list of state’s unemployment policies and procedures, players can visit the Filing an Unemployment Claim in Your State page on the Workplace Fairness website.

About the Author: Kendall Speer is a legal intern at Workplace Fairness. She graduated from Northwestern University with a Bachelor of Science in Social Policy. She then worked for the Jacobson Group, an insurance staffing firm, for two years after graduation. She is now a first-year law student at Boston University of Law. 


Share this post

This MLB power couple is fighting to save 200 union jobs

Share this post

It all started so innocently.

On Sunday night, Eireann Dolan — the wife of Washington Nationals pitcher Sean Doolittle — was in the car with her husband doing some research on official MLB hats, because her friend was interested in buying one for his son.

But when she searched for New Era — the official manufacturer of baseball caps for Major League Baseball for nearly 60 years — articles immediately popped up about the company closing its unionized shop in Derby, New York, and moving to a non-union shop in Florida. More than 200 workers are scheduled to lose their jobs as a result.

“It’s basically union busting, plain and simple,” Dolan told ThinkProgress in a phone interview on Tuesday afternoon. “The only people wearing [the New Era caps made in Derby] are the players, and these are the players in the union, so we want to make sure they’re wearing caps that are made by people earning a union wage.”

MLB has an exclusive contract with New Era for its caps. Most of the caps New Era makes for the MLB — the ones that fans buy — are made overseas. But the contract stipulates that hats worn by players during games must be made in America.

Dolan — who is in the midst of her thesis project at the Fordham Graduate School of Religion and Religious Education — considers research her forte. So when she came across the New Era story, it only took a few miles of driving before she and Doolitle were so immersed in the subject they had to pull the car to the side of the road. It was the day before Spring Training began for Doolittle and the Nationals in West Palm Beach, Florida, and everyone in the MLB Players Association was busy dealing with free agency drama and responding to commissioner Rob Manfred’s press conference. Despite all of that, within 24 hours, Dolan and Doolittle launched the #NewEraHatsOff campaign on Twitter, with the approval of his union.

Taking a principled stand is nothing new for Dolan and Doolittle. They have helped spearhead LGBTQ initiatives in baseball, hosted Syrian refugees for Thanksgiving dinner, and openly called for better mental health services for veterans. This latest issue hit home because Doolittle grew up in Buffalo, not far from Derby, and even has family friends who work at the facility and will lose their jobs if the deal goes through.

But ultimately, they were drawn to this fight because they feel passionately about protecting the rights of union workers.

“As players who continue to stand together it’s important that we also continue to stand in solidarity with the union labor that has helped make our game what it is today,” Doolittle tweeted. “From the garment workers who make our uniforms to the stadium workers, vendors & security staff at our ballparks to the transportation workers who people rely on to get to games — their work makes our game possible. Baseball could not have grown into a [$10 billion] industry without them.”

Unfortunately, Dolan and Doolittle didn’t become aware of this issue until very late in the game. New Era has already reached a deal on severance with the Communication Workers of America (CWA), the union that represents Derby workers. That deal will be voted on come March 15. Still, there’s a chance.

“There is a glimmer of hope here,” Dolan said. “Companies change their mind. It’s not over until it’s over.

It helps that there’s recent precedent here. In 2017, MLB officials — including Commissioner Rob Manfred — stepped in to help save the jobs of 600 union workers of Majestic in Palmer Township, Pennsylvania, the plant that produces MLB uniforms.

“Our fans and our players have a unique bond with the uniforms that they wear,” Manfred told the Majestic employees at the time. “And, in fact, our uniforms stir emotions among people. Because you cater to that emotion with the quality work you do each and every day, you are, and shall remain, a part of the baseball family.”

Ultimately, they hope the increased attention and awareness to the cause — with some outside public pressure mixed in — will force New Era to change course. At the very least, they want to send a message to other MLB partners that union busting will not be tolerated.

“Those caps [at the Baseball Hall of Fame] in Cooperstown? They were made in Derby. It’s an iconic symbol,” Dolan said.

This article was originally published at ThinkProgress on February 20, 2019. Reprinted with permission.

About the Author: Lindsay Gibbs is a sports reporter at ThinkProgress.

But ultimately, they were drawn to this fight because they feel passionately about protecting the rights of union workers.

“As players who continue to stand together it’s important that we also continue to stand in solidarity with the union labor that has helped make our game what it is today,” Doolittle tweeted. “From the garment workers who make our uniforms to the stadium workers, vendors & security staff at our ballparks to the transportation workers who people rely on to get to games — their work makes our game possible. Baseball could not have grown into a [$10 billion] industry without them.”

Unfortunately, Dolan and Doolittle didn’t become aware of this issue until very late in the game. New Era has already reached a deal on severance with the Communication Workers of America (CWA), the union that represents Derby workers. That deal will be voted on come March 15. Still, there’s a chance.

“There is a glimmer of hope here,” Dolan said. “Companies change their mind. It’s not over until it’s over.

It helps that there’s recent precedent here. In 2017, MLB officials — including Commissioner Rob Manfred — stepped in to help save the jobs of 600 union workers of Majestic in Palmer Township, Pennsylvania, the plant that produces MLB uniforms.

“Our fans and our players have a unique bond with the uniforms that they wear,” Manfred told the Majestic employees at the time. “And, in fact, our uniforms stir emotions among people. Because you cater to that emotion with the quality work you do each and every day, you are, and shall remain, a part of the baseball family.”


Share this post

Subscribe For Updates

Sign Up:

* indicates required

Recent Posts

Forbes Best of the Web, Summer 2004
A Forbes "Best of the Web" Blog

Archives

  • Tracking image for JustAnswer widget
  • Find an Employment Lawyer

  • Support Workplace Fairness

 
 

Find an Employment Attorney

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.