Day 5 & 6 of the MLB Lockout 2021

Since there are no updates on either side, let’s delve into the origins of labor disputes and the founding of the Major League Baseball Players’ Association.

The National Labor Relations Board (NLRB) was created by the United States Congress in 1935 to assure fair labor practices and workplace democracy nationwide and agency staff investigate and remedy unfair labor practices by unions and employers. The National Labor Relations Act is the federal law that grants employees the “right to form or join unions, engage in protected, concerted activities to address or improve working conditions, or refrain from engaging in these activities.”

The Major League Baseball Players’ Association is an official union under the umbrella of the NLRA. However, the players’ union was created before the NLRA came into existence.

John Montgomery Ward and eight other players in 1885 formed the first players union in baseball -- the Brotherhood of Professional Base Ball Player.

Then in 1900, 1912, and 1946 the players tried in vain to bargain for the end to the reserve clause, which bound players to their respective clubs. In order to be recognized as a union under the NLRA, which only applies to employees, there are a few things that must happen.

If a majority of workers wants to form a union, they can select a union in one of two ways:

1. If at least 30% of workers sign cards or a petition saying they want a union, the NLRB will conduct an election. If a majority of those who vote choose the union, the NLRB will certify the union as your representative for collective bargaining.

2. Your employer may voluntarily recognize a union based on evidence - typically signed union-authorization cards - that a majority of employees want it to represent them.

In 1965, MLB players sought help from someone outside of baseball to help them unionize officially.

Their search led them to Marvin Miller, a highly respected economist for the United Steelworkers of America who immediately began to mold the players into a bona fide labor union. His first steps were to shore up the union's finances by beginning a group licensing program and educating the players about the fundamentals of organizing and solidarity.

It is vitally important for a players’ union to have money in the bank in order to execute actions that will help the players. Action costs money and players have to invest in a union before they will see the benefits of unionization.

In 1968, Miller helped players negotiate the first-ever collective bargaining agreement (CBA) in professional sports. The agreement raised the minimum salary in baseball from $6,000 -- the level at which it had been stuck for two decades -- to $10,000 and set the tone for future advances. In 1970, Miller helped players negotiate the right to arbitration to resolve grievances -- an achievement Miller considered the most significant of the union's early years because the process paved the way for future gains.

Despite the gains the MLB Players had made through unionization, there were still inequities to resolve. In 1972, baseball player Curt Flood unsuccessfully challenged the reserve clause, which bound players to the same team for life or until the club released them, in court going all the way to The Supreme Court of the United States. Even though he did not receive the verdict he wanted, it brought the issues to the main stage.

Then in December 1975, two other players took up the torch and this time the case was heard before an arbitrator and not a court. This was due to the work Miller had done to allow players to bring grievances to a skilled arbitrator. This time the players won and free agency in baseball was born.

However, owners have found ways to try to curb the free agency market. The MLB decided to lock out the players on Dec. 1, 2021 at 11.59 pm ET since they were unable to come to an agreement on a new Collective Bargaining Agreement. There are no rules that indicate a league has to lock out players or that players have to strike when there is no current CBA. The MLB decided to take what they called a “defensive lockout.”

There are currently 188 free agents without a team due to the lockout since all contract negotiations are frozen during this labor dispute. The longer this situation goes on, the more likely it is that Spring Training and the 2022 season will be affected.