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BREAKING: MLBPA RELEASES STATEMENT REGARDING DONALD FEHR RESIGNATION PDF Print E-mail
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Written by Maury Brown   
Monday, 22 June 2009 16:25
Donald Fehr


The following is a statement from the MLB Players Association regarding the resignation of Executive Director, Donald Fehr

Donald Fehr announced today his intention to step down as Executive Director of the Major League Baseball Players Association, a position he has held since December, 1983.

“It has been a high privilege to be entrusted with the leadership of this extraordinary union for the last 25 years, and I am enormously proud of what the players have accomplished during that time,” Fehr said. “But now, about two years before the next round of collective bargaining, is the right time for me to relinquish my position and for the players to name new leadership. Accordingly, I have informed members of the Executive Board that I will resign effective not later than next March 31.”

Fehr said he had discussed his plans with the elected player leadership on the

MLBPA Executive Subcommittee over the last few months. Those players, Fehr

said, have all told him that they intend to recommend to the Executive Board, and the membership, that Michael Weiner, currently MLBPA General Counsel, be named as his successor.

Weiner, a 1986 graduate of Harvard Law School, has been with the MLBPA since 1988. He has participated in virtually every negotiating session with the Clubs in the last several rounds of bargaining. For more than ten years, he has been the staff counsel with the primary responsibility for administering and enforcing the Basic Agreement. And since he was named General Counsel in 2004, he has been in charge of all legal matters involving the Players Association.

Under the MLBPA Constitution, the Executive Director is appointed by the Executive Board. “I anticipate that the elected members of the Executive Subcommittee will recommend to the full Board that Michael become the next Executive Director,” Fehr said. “If the full Board agrees, I will urge that this important decision be submitted to a full membership vote.”

“Michael has been at my side during all the battles we have fought over the last

20 years and has been a major part of our successes,” Fehr said. “He is clearly the most qualified person to become the next Executive Director, and carry on the work of the Players Association in the years to come.”

Fehr joined the MLBPA in 1977 as General Counsel, and became Executive Director and General Counsel in December 1983. Over the course of his 32 years with the MLBPA, Fehr has known five Commissioners and sat across the table from nine different chief club labor negotiators. Under his leadership, the players successfully fought through three work stoppages, won the collusion cases of the 1980s, won the bad-faith bargaining case that ended the 1994-95 strike, and fought off the owners’ efforts at reducing the size of the two leagues in 2002. The Basic Agreement announced in 2002 was the first new contract reached without a work stoppage in more than thirty years, and broke a streak of eight consecutive work stoppages in baseball. The 2002 Basic Agreement also dramatically increased revenue sharing in MLB. Then in 2006, the Players Association and the Clubs announced a 5-year extension before the 2002 Basic Agreement expired.

The 2002 Basic Agreement included a new Joint Drug Agreement (JDA) under which random testing for performance enhancing drugs began. The JDA has been amended three times since then, most recently in 2008. Under the JDA, more than nine thousand tests were conducted over the last three years, and only ten players have been suspended for positive steroid tests.

During Fehr’s tenure as Executive Director, both the minimum and average salaries of players have increased tenfold.

“We have had some good times and some difficult times over the years”, Fehr said. “Over all of those years, players remained unified, involved, and absolutely determined to achieve fair agreements. That is what counted. That is what will count in the years to come.”

Select Read More to see career highlights as defined by the MLBPA

WORK STOPPAGES

  • 1985 – As Acting Executive Director of the MLBPA in 1985, Fehr led the players through a short but successful two-day strike that ended with a new Basic Agreement. Shortly thereafter, the word “Acting” was dropped from his title and Fehr became Executive Director and General Counsel of the MLBPA on January 1, 1986.
  • 1990 – During the 1990 contract negotiations, the players were locked out of spring training after they rebuffed the owners’ proposal for a revenue-sharing scheme and salary cap that would cripple the free agency system. The result was a 32-day work stoppage that delayed the start of the 1990 season by a week. In the end, the owners backed off their position, and the players were able to save the free agent system they had fought so hard to obtain.
  • 1994-95 – Several months after the 1990 contract expired at the end of 1993, the owners insisted that the new Basic Agreement include a salary cap. Unwilling to agree—and after months of fruitless negotiations—the players struck on August 11, 1994. They stayed out for 232 days (in what is believed to be the longest work stoppage in the history of American professional sports). Instead of negotiating a settlement, the owners chose to cancel the remainder of the 1994 season as well as the World Series. In December 1994, the owners unilaterally implemented their salary cap and other terms and conditions of employment, including ones about which they had not negotiated. They also made it known that they would start the 1995 season on time, using replacement players, The Players Association and the National Labor Relations Board went to court, charging that the owners had bargained in bad faith and demanding that they rescind the unilateral changes. On March 31, 1995, U.S. District Judge Sonia Sotomayor ruled in favor of the MLBPA and the NLRB—and the players returned to work under the terms and conditions of the old contract. It was not until December 1996 that the MLBPA and the owners reached a new Basic Agreement. This contract did not contain a salary cap—as a result of which the players have been able to earn billions of dollars more than they would have gotten under the owners’ cap.

THE COLLUSION CASES

Following the 1985 season, the owners acted together to restrict the free agent market by refusing to sign free agents from other teams—a practice that continued in various forms through the following two free agent markets. Under Fehr’s leadership, the players filed and won the three “collusion cases,” in which arbitrators ruled the owners had illegally colluded to deprive the players of their rights. After more than four years of litigation, a settlement was reached in December 1990, with the owners agreeing to pay the players $280 million in damages.

THE CONTRACTION BATTLE

At the end of 2001, just a day before the 1996 Basic Agreement expired, the owners announced plans to engage in “contraction”—that is, to reduce the number of teams from 30 to 28 for the 2002 season. For the next eight months, the Players Association fought the owners at the negotiating table and through litigation. Finally, the players announced that if an agreement could not be reached, they would go on strike August 30, 2002. On the eve of the strike, the owners backed down, agreeing to a new Basic Agreement under which no teams would be eliminated. As a result, there is still a team in Minnesota, and instead of being contracted the Montreal Expos became the Washington Nationals. Also, this contract marked the first time in 30 years and eight negotiations that a new contract had been reached without a work stoppage.

2006 BASIC AGREEMENT

Early in 2006, the MLBPA and the owners’ representatives began private discussions about extending the Basic Agreement which was due to expire later that year. In October, the parties announced that they had reached a new 5-year Basic Agreement. This marked the first time in more than 35 years that a new agreement had been reached before the previous agreement expired and without even the threat by either side of a work stoppage.

SALARY GAINS DURING FEHR’S TENURE

During Fehr’s tenure as Executive Director, player salaries have increased more than tenfold. In 1983 (the last year before Fehr became Executive Director), the minimum salary for a Major League Baseball Player was $35,000 and the average salary was $289,000. This year (2009), the minimum is $400,000 and the average is more than $3.3 million

PERFORMANCE ENHANCING DRUGS

Although Fehr and the Players Association were initially opposed to random drug testing for performance enhancing drugs due to privacy concerns, in the 2002 Basic Agreement the Clubs and Players Association included a new Joint Drug Agreement which called for random testing for steroids. Under Fehr’s leadership, the JDA has been amended and improved three times since then, the last time being in 2008. And today baseball has the most comprehensive, fair and equitable program in professional sports. Over the last three seasons (2006-8) more than nine thousand tests have been conducted and only ten players were suspended for positive steroid tests.

DONALD FEHR’S BACKGROUND

Born, Marion, Indiana, July 18, 1948. Raised in the Kansas City area. Graduated from

the University of Missouri at Kansas City School of Law in 1973.

First represented the MLBPA in 1975-76 in connection with the Andy Messersmith litigation concerning the reserve clause and free agency. After winning both the underlying arbitration case and the related federal court proceedings, the players for the first time gained the right to free agency. On August 1, 1977, Fehr moved to New York to take up the post of MLBPA General Counsel. Fehr served in that role under Marvin Miller, the Union’s first Executive Director, who retired at the end of 1982. Fehr was at Miller’s side during the 50-day strike in the summer of 1981, which ended when the owners’ strike insurance ran out.

Source: MLB Players Association


Maury BrownMaury Brown is the Founder and President of the Business of Sports Network, which includes The Biz of Baseball, The Biz of Football, The Biz of Basketball and The Biz of Hockey. He is contributor to Baseball Prospectus, and is available as a freelance writer. Brown's full bio is here. He looks forward to your comments via email and can be contacted through the Business of Sports Network.

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