Commissioner Rob Manfred pronounced less than a week ago that “100 percent” that “we’re playing Major League Baseball” in 2020.
Hold that thought.
MLB’s posture on Monday in words by Manfred and in a letter by deputy commissioner Dan Halem was to imply that either the sides reach an agreement to restart play that will include the union forgoing filing a grievance that the league did not act in good faith to play as many games as possible or else there will not be a 2020 season.
Manfred almost certainly lacks the ownership votes to open the season with a potential billion-dollar grievance guillotine poised over management’s heads.
As part of a show with commissioners from the other major sports, Manfred told ESPN, “I had been hopeful that once we got to common ground on the idea that we were gonna pay the players full prorated salary, that we would get some cooperation in terms of proceeding under the agreement that we negotiated with the MLBPA on March 26. Unfortunately, over the weekend, while Tony Clark was declaring his desire to get back to work, the union’s top lawyer was out telling reporters, players and eventually getting back to owners that as soon as we issued a schedule — as they requested — they intended to file a grievance claiming they were entitled to an additional billion dollars. Obviously, that sort of bad-faith tactic makes it extremely difficult to move forward in these circumstances.”
The union rejected the league’s last bid that could have netted the players as much as 83 percent of their prorated salaries if a postseason was concluded. The union has held firm that it will not play for less than full prorated pay. It said on Saturday that it was done negotiating and that Manfred should just tell the players where to show up and when.
The expectation was that if that impasse continued Manfred — as is his power from that March 26 agreement with the union — would implement a season of 48-54 games at full prorated pay. That was what gave him the confidence to say before last week’s draft, “We’re going to play baseball in 2020.”
MLB, though, has expressed concern that without an agreement with the union that not only a grievance looms, but that star players might opt out of playing this season under protest and those who do show up will do so with no spirit of cooperation.
In the letter to the union, MLB asked that the sides either agree to how to handle all the information in their March 26 agreement or have the dispute adjudicated on an expedited basis to the arbitration panel.
The letter also noted that “several 40-man roster players and staff … have tested positive” for COVID-19, intensifying the risk of beginning spring training in the coming weeks. Halem acknowledged the union’s opposition in spring to quarantine measures and asked if the union still feels that way and to explain why.
Among other items in Halem’s correspondence — a seven-page letter obtained by The Post — he cites that the union on Saturday told MLB to just announce where and when the players should report. He writes: “We assume from that statement, and your demand that we announce a 2020 schedule, that the Association believes that both parties have satisfied their respective obligations to ‘meet in good faith to discuss’ the schedule. The inference is if the scheduling question has been satisfied, then how could a grievance be filed.
But, of course, the union is not satisfied with what it sees as MLB’s delay tactics to shorten the window to play games and, thus, pay the players as little as possible. And the grievance remains a possibility, which is why suddenly Manfred was telling ESPN, “I’m not confident [in a season]. I think there’s real risk; and as long as there’s no dialogue, that real risk is gonna continue.”
The March 26 agreement allows the commissioner not to begin a season unless three conditions are satisfied: 1. There are no governmental restrictions on spectators attending games. 2. There are no relevant travel restrictions in the United States and Canada. 3. That after consultation with recognized medical experts and the union that there are no unreasonable risks to players, staff and spectators to stage games in the 30 home parks.
By those standards, Manfred does not have to start a season because none of the three have been met completely. And since this is a contractually agreed upon position, MLB could argue it does not have to play nor face grievances. As part of the March 26 agreement, players would have the $170 million of their 2020 pay that MLB advanced and full service time even if no games were played. But they would receive no further salary and would have a full season of their careers lost.
Is this MLB rhetoric? A ploy to try to gain leverage and get the players into a negotiating room to work on a settlement? A real policy position that now imperils playing any games this year?