Evaluating the Mechanics of a Grievance Filed by the MLBPA
On June 23, it was reported that Major League Baseball and the MLB Players Association had agreed to terms to resume play in 2020 following the sport’s suspension due to the COVID-19 pandemic. This agreement came on the heels of the now-infamous March 26th agreement that was the subject of debate and contention between both sides of the bargaining table. Among other things, the agreement does not foreclose the right of the MLBPA to file a grievance and seek financial damages as it relates to the interpretation of the Agreement.
Specifically, the players may look to challenge whether the league did in fact negotiate in good faith as it relates to how many games were to be played in the abbreviated 2020 season. Further, the agreement also states that the Office of the Commissioner’s effort to issue a schedule for the 2020 season shall only be performed to the extent it is “…practicable and economically feasible.”
The term “economically feasible” is likely another point of dispute, as the league did not reveal any financial data, supposedly requested by the union, that would help to justify their claim that a season without fans would be a detriment to its bottom line. As the season now rolls along, we can explore the process by which the MLBPA may file a grievance to have its claims be heard and adjudicated.
What Is A Grievance?
Article XI of the parties’ 2017–2021 Basic Agreement (the CBA) sets forth the terms and conditions of grievance procedure. As defined, a “grievance” is “a complaint which involves the existence or interpretation of, or compliance with, any agreement, or any provision of any agreement, between the [MLBPA] and the Club…or between a Player and a Club.” Presumably, the March 26th Agreement would fall within this definition. Read the rest of this entry »