Note—Major League
Baseball (MLB) recently reported that at the All Star Break attendance was up
9% over 2022. So was television, cable,
and streaming viewership and was topping pre-pandemic levels. “Baseball is Back” crowed gloating press
releases. The success was credited to
the new rules this season, including the time clock, which have shortened game
time and encouraged more action on the diamond.
Maybe, but exciting playoff races and an emerging new generation of superstars
also play a part. So does relative labor
peace which has not disrupted regular season play. An owner’s lock-out in 2021 scrubbed most of
Spring Training and delayed the season openers about a week.
On July 31, 1981 a strike against Major League Baseball (MLB) ended after the loss of 713 games—38% of the regular season. Negotiations between the owners and the Major League
Baseball Players Association (MLBA) were so bitter that MLB negotiator Ray Grebey and Players Association representative Marvin Miller refused to shake hands and pose with each other
for a customary bury the hatchet
photograph. Each would have rather
buried a hatchet in the other’s skulls.
The relationship of Baseball to its employees had been bitter almost from
the very beginning of the National
League. Owners regarded players as virtual chattel bound indefinitely by iron-clad
personal service contracts that forbad players from seeking higher
pay at other teams. The result was
an abnormally low pay scale which
kept all but a handful of stars in near poverty
and gave the stars not much more. Angry
players sporadically struck individual teams without success, usually the so
called ringleaders were banned for life from the
sport.
As a result, the Players’ League was formed in 1890 with most of the National League’s top stars. Although the league had a successful
season, it was under-funded and collapsed sending most of its
players back to the NL with their tails between their legs and worse off than
ever. Would-be rivals of the NL
like the American Association, American League, and Federal League took
advantage of player discontent to lure stars to their start-up
challengers. Only the AL survived and was eventually accepted as a peer by the NL and absorbed
into the entity that became Major League Baseball.
The short-lived Federal League offered players an escape from from
bondage to the National and American Leagues. It's collapse indirectly
let to the Supreme Court case which ruled that Major League Baseball was
exempt from the provisions of the Sherman Anti-Trust Act handing
unprecedented power to owners over players.
The fallout of the Federal League collapse left the players in worse shape
than ever. The owners of the former
Federal League franchise in Baltimore
attempted to purchase an MLB franchise.
They were not only rebuffed, but they were also blackballed. They
had the same result when they tried to obtain a franchise in the International League, then the top level of the minor leagues which fed players into
the Bigs. The Baltimoreans sued in Federal Court charging that MLB constituted an illegal Trust in restraint of trade. They had one a big victory at the Circuit Court
level which was overturned on
appeal. Eventually the case found
its way to the Supreme Court in 1922
where, in what may have been the worst ruling since Dred Scott, the Court held that that
baseball “was not the kind of commerce” that Federal law was intended to regulate. Alone of all American industries, Major League baseball was handed a golden exemption from the Sherman Anti-Trust Act.
While the case was winding its way slowly through the courts, members of
the stellar Chicago White Sox team
chaffing under the notoriously tightfisted
rule of Charles Comiskey
demonstrated how damaging to baseball the players’ resentment could be. The team, or at least key members of it, accepted a bribe
from gambler Arnold Rothstein to throw
the 1919 World Series against the Cincinnati
Reds. The resulting Black Sox Scandal nearly
derailed the game as the National Pastime.
To resurrect the tattered reputation of the game,
the owners appointed Federal Judge Kennesaw Mountain Landis as the Tsar-like
Commissioner of Baseball. From
the owners point of view Landis was the perfect candidate. He had won national acclaim for heavily
fining Standard Oil of Indiana for attempting to fix freight
rates, and was a rabid opponent of unionism, Socialism, and radicalism in any form. He had presided over World War I and Red
Scare era trials of dissidents handing out draconian
sentences and frequently stretching the law to do it. He presided over the trial of 101 members of the Industrial Workers of the World (IWW) leadership
for sedition, sending all to prison for long terms. He was also a devoted baseball
fan who had maneuvered to avoid an earlier attempt to challenge organized
baseball on anti-trust ground in a 1914 suit brought by the Federal League. Most significantly he was the presiding
judge at the Federal trial of the disgraced White Sox players.

A proven anti-labor union buster and the presiding judge in the Blsck
Sox Scandal trial Judge Kenesaw Mountain Landis was picked as the
powerful first Commissioner of Baseball. He was the owners' creature
from the beginning.
Although Landis theoretically represented the interests of all baseball,
including players and fans, in fact at least on issues surrounding
player salaries, working conditions, and ability offer their services freely to
any team, he was steadfastly the owners’ man. He ruled the game until his death in 1944 blocking all reform.
It wasn’t until Landis was dead and Ford Frick
was Commissioner that players tried to form their first organization since
Landis crushed the National Baseball Players Association back in
1922. In 1952 the MLBPA was formed with
highly respected Cleveland Indian pitcher Bob Feller as its
first—and as it turned out—only President.
Under Feller the MLBPA attempted to function as a
professional association advocating for improved conditions attempting
to set up programs for retired and destitute members. However, the owners
flatly refused to deal with them or modify any of the terms of employment that
bound players to the whim of the teams that
literally owned them.
In 1959 the organization decided it was time to
get more aggressive. It
eliminated the executive presidency and brought in a professional Executive
Director to lead it. They really
took the plunge to becoming a real labor union seven years later in 1966
when Marvin Miller, a former United Steelworkers economist, lead
negotiator, and business agent was brought on board.
Miller meant business and set about to make the
MPBLA one of the strongest unions in America. Broadcaster Red Barber would later
categorize him with Babe Ruth and Jackie Robinson as one of the
most important figures in modern era baseball. Certainly, he shook things up.
In just two years Miller obtained the first collective
bargaining agreement with the owners which raised the minimum pay—usually for rookies and journeymen utility players—for the
first time in twenty years from $6,000 per season to $10,000. That won the players’ undying loyalty
and built unshakeable solidarity.
Next, in 1970 Miller won arbitration. Previously when a player and his owner failed
to reach agreement on terms for a new contract, the dispute would be referred
to the Commissioner, the owner’s creature, who naturally tended to always side
with them. Arbitration took it to an independent
arbiter who picked between the two sides final offers. Increasingly the arbitrators found for
underpaid veteran players. And the
owners seeing that they had a lot to lose in the winner-takes-all system
became more flexible in their negotiations. Salaries for veteran players started to rise.
Arbitration paid off in a big way in 1974 when Oakland
A’s owner Charles Finley refused to honor a contractual agreement
to pay a $50,000 insurance premium for his star pitcher Catfish
Hunter. The arbiter ruled
that Finley had thus voided the contract and allowed Hunter to
become a free agent. The pitcher
then was able to sign with the New York Yankees for a then astonishing 5-year,
$3.5 million contract. That whetted
the appetite of plays for effective
free agency.
Curt Flood and Players Association Executive Director Marvin Miller.
Curt Flood had famously sued MLB
with the support of the players union claiming that the reserve clause which
kept the “owning team” in control of a player for a solid year after his
contract was up, meaning that the player could be kept from playing with any
team without the original team’s consent, was an anti-trust
violation. The Supreme Court ultimately upheld
the admittedly shaky ground of the anti-trust provision.
After the victory with Hunter, Miller encouraged
two other players, Andy Messersmith and Dave McNally to play out
the succeeding year without signing a contract. Then both players filed grievance
arbitration. The players won the arbitration with a ruling that both had
played out their obligations to their teams and were free agents. The notorious reserve clause was dead,
and the era of free agency was ushered in.
With victory after victory under his belt, Miller
was cordially hated by the owners, but they seemed powerless
against the union. These years were
punctuated with short work stoppages—strikes in 1972 which lasted 13
days and in 1980 plus two spring
training two lockouts, in 1973 and 1976.
So, the table was set for an epic confrontation
in 1981. The owners sought protections
from the effects of free agency. In
particular, they sought compensation for losing a free agent player to
another team—a player selected from the signing team’s roster not including
12 protected players. The union held that any form of compensation would
undermine the value of free agency.
With negotiations at an impasse the union Executive
Board set a May 31 strike deadline.
This was extended while a union complaint of unfair labor practices was
heard by the National Labor Relations Board (NLRB). Finally, on June 15 the players walked
out.
Owners were stunned when most of
the sporting press and fans seemed to take the side of the
players. They could not believe that
they were not viewed as beloved community leaders instead of as flinty
hearted capitalists. A Sport Illustrated cover screamed
“Strike! The Walkout the Owners Provoked.”
These two New York Post stories reflected the heavy economic impact of the strike and the disappointment of fans.
But as the strike wore on, fans became restless. And cities took a big economic hit. An estimated $146 million was lost in player
salaries, ticket sales, broadcast revenues, and concession
revenues. The players lost $4 million a week in salaries while the owners
suffered a total loss of $72 million.
Faced with the possible loss of the entire season
a compromise, which most considered favorable to the players,
was finally reached. Teams that lost a premium
free agent could be compensated by drawing from a pool of players left unprotected from all of the clubs rather than just the signing club
and players agreed to restricting free agency to players with six or more years
of major league service. Miller had
never really wanted unlimited free agency anyway fearing that a glut of
players on the market would drive
compensation down.
Pittsburgh Pirate pitcher Luis Tiant reads about the end of the strike.
Play resumed with the delayed All Star Game in
Cleveland on August 8. Because the game
was moved from its traditional mid-week slot to a Sunday, a record attendance
of 72,086 led owners to hope that fans would return to the game. They were wrong. Bitter fans stayed away in droves
through the rest of the season and TV and radio audiences shrank. Newspaper letter columns were filled
with fans declaring that they were done with the game. It took some years for the game to recover
from fan disillusion.
Some of that disillusion was stoked by the
slapped together play-off system used to determine teams for the World
Series. The leaders of the first
half of the season would face the leaders of the second half of the season in a
playoff. In case the same team won both
halves, it would face the team with the second best record. But the system produced anomalies. The Cincinnati Reds of
the National League West and St. Louis Cardinals of the National
League East each failed to make the playoffs despite
having the two best full-season records in the National
League that season. On the other hand, the
Kansas City Royals made the postseason despite owning the fourth-best
full-season record in their division and posting a losing record
overall.
Miller retired in 1982 but the union he
built remained strong.
The MLBPA continued to frustrate the owners,
particularly when they successfully proved in court that the owners and
Commissioner were in collusion in attempting to circumvent the
free movement of players under free agency.
The collusion may also have affected the outcome of both the regular
season series and World Series of 1985, ’86, and ’87. Owners were fined a staggering $64.5
million and had to compensate players for losses
related to multi-year contracts and lost bonuses which eventually cost
them another $280 million.
There was a one day strike in August of ’85 and
owners locked out player for early spring training in 1990.
In 1994 players struck on August 12 wiping out
the rest of the season and the World Series.
The strike only ended the next spring when a U.S. District judge issued
an injunction restoring terms and conditions of the expired agreement. That
traumatic event did even more damage to baseball.
Eventually, fans came back and baseball also
bounced back from the steroid scandal that damaged the reputations of
stars like Mark McGuire, Sammy Sosa, and Roger Clemens.
Since then, contracts have been renewed despite
some bluster. The union remains
strong. Baseball remains the only sport
without an effective salary cap. Player
incomes and team profits are at an all-time high. Meanwhile the other major American sports—Football,
Basketball, and Hockey have all had substantial labor turmoil—largely
due to weak unions.
The Baseball Hall of Fame's Twitter announcement of the election of
Marvin Miller in December 2019 on his eighth appearance on the ballot.
And what of Marvin Miller? He died on November 27, 2012 in New York
City at the age of 95. Owners successfully
fought repeated efforts to put him in the Baseball Hall of Fame
despite his undisputed impact on the game until a re-organized Modern
Baseball Era Committee finally elected him in December 2019, his eighth
appearance on the ballot. He was
slated to be inducted with the Class
of 2020, but the ceremony was delayed a year
by the Coronavirus.