JOURNAL ARTICLE
Stepping Up to the Plate: Minor Leaguers Attempt to Remedy their Unconscionable Plight.
Published In: American Business Law Journal, 2023, v. 60, n. 2. P. 289 1 of 3
Database: Business Source Ultimate 2 of 3
Authored By: Loafman, Lucas W.; Holden, John T. 3 of 3
Abstract
Professional baseball players are often thought of as making multi‐million‐dollar salaries, but most professional baseball players have recently made under $15,000 a year. Minor league players toiled under an onerous system resulting from baseball's judicially created antitrust exemption and lobbying efforts that exempted them from minimum wage and overtime. These factors allowed teams to impose a uniform player contract (UPC) on players with numerous unconscionable provisions for years. However, a late‐night Tweet in August of 2022 sent shockwaves through the sports and labor world, announcing that the Major League Baseball Players Association (MLBPA) was sending out authorization cards to represent minor league players. After years of fighting to maintain the authority to impose conditions on minor league players, through lobbying and litigation, Major League Baseball (MLB) turned over a new leaf and recognized the unionization of minor league players under the MLBPA less than three weeks later. In light of this long sought‐after recognition, this article takes a novel approach. First, it provides historical context for baseball's unique ability to impose working conditions on minor leaguers without significant concern for legal ramifications. Second, it provides an overview of the doctrine of contractual unconscionability and analyzes the prior UPC as an unconscionable agreement. Finally, it details the historic unionization process and makes detailed recommendations to ameliorate the unconscionable conditions minor league players have faced when they negotiate with MLB owners to draft their initial collective bargaining agreement. [ABSTRACT FROM AUTHOR]
Additional Information
- Source:American Business Law Journal. 2023/06, Vol. 60, Issue 2, p289
- Document Type:Article
- Subject Area:Sports and Leisure
- Publication Date:2023
- ISSN:0002-7766
- DOI:10.1111/ablj.12223
- Accession Number:164136418
- Copyright Statement:Copyright of American Business Law Journal is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Looking to go deeper into this topic? Look for more articles on EBSCOhost.