Carlos Danger Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 Shaddup Yank, stick that flag up your ass! I am from the South, calling me a Yankee is offensive!!
Jimcanuck Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 It is the interpretation of a major law firm Matlock. I don't even need a law firm to understand that suspending the CBA means just that... It is a Collective bargaining agreement-- Compensation. Therefore, if it is suspended, ergo, you can suspend compensation that is dictated by such agreement. https://www.foley.com/en/insights/publications/2020/05/collective-bargaining-sports-covid19-mlb-salaries Also, note the CBA falls under US law as far as I know and Canadian Law might not be the same. That's the opinion of an associate. There will be divergent opinions on whether the commish suspending baseball operations means no player compensation.
Carlos Danger Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 That's the opinion of an associate. There will be divergent opinions on whether the commish suspending baseball operations means no player compensation. Just a note of corporate business communications policy, any business. Before my company puts out something to the pubic, it passes multiple levels of review to include Senior Legal VP, Senior Communication VP etc, etc. There is NO way a major and reputable law firm would allow anyone, associate, partner etc, publish anything on their official page with their letter head without it being reviewed by senior partners and the compliance team. The fact the author who is an associate, as opposed to a partner, does not mean anything as to his bona fides as far as the law goes. Also, unlike you, he is an actual attorney in the venue in question ref the MLBPA CBA. So, in other words, your point is 110% moot.
Jimcanuck Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 Just a note of corporate business communications policy, any business. Before my company puts out something to the pubic, it passes multiple levels of review to include Senior Legal VP, Senior Communication VP etc, etc. There is NO way a major and reputable law firm would allow anyone, associate, partner etc, publish anything on their official page with their letter head without it being reviewed by senior partners and the compliance team. The fact the author who is an associate, as opposed to a partner, does not mean anything as to his bona fides as far as the law goes. Also, unlike you, he is an actual attorney in the venue in question ref the MLBPA CBA. So, in other words, your point is 110% moot. The CBA says the commish can suspend baseball operations in the event of a national emergency, but is silent regarding player compensation in such a case. That's kind of important. I put weight on the fact the owners negotiated with the players when MLB was suspended. Why would they, if what you say is true? At best, you can say the wording of the CBA implies player compensation is suspended. Meaning it is ambiguous. Assuming commish office lawyers wrote the CBA, contra proferentum applies and the verdict is against the owners.
Spanky99 Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 Just a note of corporate business communications policy, any business. Before my company puts out something to the pubic, it passes multiple levels of review to include Senior Legal VP, Senior Communication VP etc, etc. There is NO way a major and reputable law firm would allow anyone, associate, partner etc, publish anything on their official page with their letter head without it being reviewed by senior partners and the compliance team. The fact the author who is an associate, as opposed to a partner, does not mean anything as to his bona fides as far as the law goes. Also, unlike you, he is an actual attorney in the venue in question ref the MLBPA CBA. So, in other words, your point is 110% moot. Miss Luba has a law degree and calls it a farce, what you say to her?
Carlos Danger Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 (edited) Miss Luba has a law degree and calls it a farce, what you say to her? I say to her... Hey nowwwwwwwwww.. Are you dating anyone girl? As to her comments, she is a player's agent. She is of course not going to say anything to weaken her or her clients position. Same with Boras. What I posted is an opinion of a neutral (as far as I am aware) law firm, just commenting on the legal aspects. Edited May 15, 2020 by Carlos Danger
Brownie19 Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 How so, they have player reps; on every team. A large % of the population form irreversible opinions well before they have the information - and/or maintain their opinion while ignoring the facts. It's a huge issue.
Beans Verified Member Posted May 15, 2020 Posted May 15, 2020 Ahhh Beans... You cut your cut and paste... Are you working for CNN now...or too much Tequila esta noche? And then the part right after what you posted: However, paragraph 11 of the MLB’s Uniform Player’s Contract (UPC) provides: “11. This contract is subject to federal or state legislation, regulations, executive or other official orders or other governmental action, now or hereafter in effect respecting military, naval, air or other governmental service, which may directly or indirectly affect the Player, Club or League and subject also to the right of the Commissioner to suspend the operation of this contract during any national emergency during which Major League Baseball is not played.” (emphasis added) Thus, when President Trump declared a state of emergency on March 13, 2020 in connection with the COVID-19 pandemic, Commissioner Manfred effectively had the right to suspend immediately all player contracts, including any payment obligations of the clubs thereunder, indefinitely for the period of time during which the state of emergency was in effect and games were not being played. lol, it was half a sentence, but ya tu sabes! CNN en Español Yes, I read that part, too. But the owners and the union came to an agreement back in March when that 'national emergency' clause was applicable, and so now they'll have to negotiate the next deal with that agreement as a starting point. I'm a pure Marxist when it comes to baseball. Marx believed in the labour theory of value, that labour creates all value and should get all the rewards. I'm almost that way in baseball. MLB is an enormous economic success, and that success is created by the players. Almost 2.5 million fans tuned in to see live MLB games last year—not one of them did so to see an owner. They all want to see the ballplayers, so the ballplayers ought to get most of the revenue. Who could object to that!? Movie stars make a hundred million dollars to star in Hollywood pablum. Who is contributing more to the national interest, somebody like Mike Trout or somebody like Robert Downy Jr.?
Carlos Danger Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 lol, ya tu sabes! CNN en Español Yes, I read that part, too. But the owners and the union came to an agreement back in March when that 'national emergency' clause was applicable, and so now they'll have to negotiate the next deal with that agreement as a starting point. I'm a pure Marxist when it comes to baseball. Marx believed in the labour theory of value, that labour creates all value and should get all the rewards. I'm almost that way in baseball. MLB is an enormous economic success, and that success is created by the players. Almost 2.5 million fans tuned in to see live MLB games last year—not one of them did so to see an owner. They all want to see the ballplayers, so the ballplayers ought to get most of the revenue. Who could object to that!? Movie stars make a hundred million dollars to star in Hollywood pablum. Who is contributing more to the national interest, somebody like Mike Trout or somebody like Robert Downy Jr.? Your making a philosophical argument. I was posting legal opinion, I in no way claim to be mine. My initial post was to the point the Hot agent said there is a CBA, for baseball so that is that. Based on what I am reading, in contractual terms that is not accurate nor has it been established due to Covid and elements of the contract for which the situation applies.
connorp Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 Are the players even challenging the issue of no pay during a national emergency? You’d think as soon as the checks stopped, they would’ve challenged it immediately in court if that was their intention
Spanky99 Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 I say to her... Hey nowwwwwwwwww.. Are you dating anyone girl? As to her comments, she is a player's agent. She is of course not going to say anything to weaken her or her clients position. Same with Boras. What I posted is an opinion of a neutral (as far as I am aware) law firm, just commenting on the legal aspects. A large % of the population form irreversible opinions well before they have the information - and/or maintain their opinion while ignoring the facts. It's a huge issue. Are the players even challenging the issue of no pay during a national emergency? You’d think as soon as the checks stopped, they would’ve challenged it immediately in court if that was their intention Yes. Awwwwwww.....lets kill it , lol.
connorp Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 Yes. Awwwwwww.....lets kill it , lol. I didn’t actually watch the clip with the hot chick. I thought it was about the new revenue sharing proposal.
Beans Verified Member Posted May 15, 2020 Posted May 15, 2020 Are the players even challenging the issue of no pay during a national emergency? You’d think as soon as the checks stopped, they would’ve challenged it immediately in court if that was their intention They're still getting cheques, although only through the end of May.
Beans Verified Member Posted May 15, 2020 Posted May 15, 2020 Your making a philosophical argument. I was posting legal opinion, I in no way claim to be mine. My initial post was to the point the Hot agent said there is a CBA, for baseball so that is that. Based on what I am reading, in contractual terms that is not accurate nor has it been established due to Covid and elements of the contract for which the situation applies. Yah, I'm surprised your contrarian streaks have taken you to where you're now defending the owners, but have at it, amigito.
KevinGregg Verified Member Posted May 15, 2020 Posted May 15, 2020 I'm a pure Marxist when it comes to baseball. Marx believed in the labour theory of value, that labour creates all value and should get all the rewards. I'm almost that way in baseball. MLB is an enormous economic success, and that success is created by the players. Almost 2.5 million fans tuned in to see live MLB games last year—not one of them did so to see an owner. They all want to see the ballplayers, so the ballplayers ought to get most of the revenue. Who could object to that!? Movie stars make a hundred million dollars to star in Hollywood pablum. Who is contributing more to the national interest, somebody like Mike Trout or somebody like Robert Downy Jr.? The owners provide value too. If the players hypothetically split off from the owners to make their own league that they controlled entirely what do you think would happen?
Deadpool Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 The owners provide value too. If the players hypothetically split off from the owners to make their own league that they controlled entirely what do you think would happen? The fans would migrate to the new league, and the owners of the existing league would have to fold their teams. (This makes the assumption that the myriad legal hurdles are cleared, and that they get close to 100% buy in from the players, neither of which are likely, but the whole scenario is unlikely...)
Grant77 Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 A large % of the population form irreversible opinions well before they have the information - and/or maintain their opinion while ignoring the facts. It's a huge issue. That attitude has served us well through ~200,000 years of existence. It's only in modern integrated society that it has become an issue. I find that it's something even people in the sciences have to be aware of in their own work. Nobody is naturally free of bias.
Brownie19 Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 That attitude has served us well through ~200,000 years of existence. It's only in modern integrated society that it has become an issue. I find that it's something even people in the sciences have to be aware of in their own work. Nobody is naturally free of bias. I don't disagree at all; however, I'm not sure I'd agree it's 'served us well'. In all likelihood, it's hampered and held back society.
Grant77 Old-Timey Member Posted May 15, 2020 Posted May 15, 2020 I don't disagree at all; however, I'm not sure I'd agree it's 'served us well'. In all likelihood, it's hampered and held back society. Keep in mind that anything we could call society has only existed for something like 5000 years. I was referring to the time before that for the most part. A lot of human behaviours that seem strange now are rooted in our hunter gatherer origins and probably helped us then. I think that's even the case for some things we call mental illness, which is why they have no pathology.
Brownie19 Old-Timey Member Posted May 16, 2020 Posted May 16, 2020 Keep in mind that anything we could call society has only existed for something like 5000 years. I was referring to the time before that for the most part. A lot of human behaviours that seem strange now are rooted in our hunter gatherer origins and probably helped us then. I think that's even the case for some things we call mental illness, which is why they have no pathology. I should have known you were referring to society over 5000 years ago...f*** me. I don't have much opinion on that subject Grant.
Grant77 Old-Timey Member Posted May 16, 2020 Posted May 16, 2020 I should have known you were referring to society over 5000 years ago...f*** me. I don't have much opinion on that subject Grant. I wasn't really intending to spark a debate on the subject. In a nutshell, all I meant to say was that the behaviour you mentioned evolved before society existed and was probably a positive thing when it did evolve.
glory Old-Timey Member Posted May 20, 2020 Posted May 20, 2020 https://nypost.com/2020/05/19/mlb-thinks-email-is-smoking-gun-in-salary-fight-with-players/ Wow, both MLB and the MLBPA can F off at this point. No one is going to choose a side in this stupid war, they'll just tune out completely.
Grant77 Old-Timey Member Posted May 20, 2020 Posted May 20, 2020 https://nypost.com/2020/05/19/mlb-thinks-email-is-smoking-gun-in-salary-fight-with-players/ Wow, both MLB and the MLBPA can F off at this point. No one is going to choose a side in this stupid war, they'll just tune out completely. I just want to see some baseball. Every single person in this negotiation has more money than they know what to do with. Find a middle ground and settle it like grown men instead of babies. Everything will be back to normal next season and everyone will get their money.
Barkerfan23 Verified Member Posted May 20, 2020 Posted May 20, 2020 https://nypost.com/2020/05/19/mlb-thinks-email-is-smoking-gun-in-salary-fight-with-players/ Wow, both MLB and the MLBPA can F off at this point. No one is going to choose a side in this stupid war, they'll just tune out completely. yep nba or nfl can sustain a situation like this. mlb players dont have enough fame. casual fans arent even missing the league
Spanky99 Old-Timey Member Posted May 20, 2020 Posted May 20, 2020 I just want to see some baseball. Every single person in this negotiation has more money than they know what to do with. Find a middle ground and settle it like grown men instead of babies. Everything will be back to normal next season and everyone will get their money. Yes, this^^^^
Slade Old-Timey Member Posted May 20, 2020 Posted May 20, 2020 It still sounds like the players are going to lose this.
BlueBaller Verified Member Posted May 20, 2020 Posted May 20, 2020 Holy crap these players are stupid.
glory Old-Timey Member Posted May 20, 2020 Posted May 20, 2020 I just want to see some baseball. Every single person in this negotiation has more money than they know what to do with. Find a middle ground and settle it like grown men instead of babies. Everything will be back to normal next season and everyone will get their money. Yeah it is strange how they are acting as if this is an election and they need to paint the opposite side negatively in order to win an optics battle that literally no one other than MLB and the MLBPA cares about. Fans don't care who gets paid what. The sport is either going to return or it won't. If it doesn't return because of money, then baseball will lose A LOT of fans because not only will it look bad to the public and not only will baseball be out of the public eye for over a year in that scenario, but the NBA will find a way to return. The NFL will find a way to return. Then next season the NBA will probably begin their 2020-21 season in December, which means their playoffs will end in August. Football then begins in September. So all of 2021 baseball is likely going to go head to head with two sports that are massively more popular. It's a bad situation for them, made worse if they turn fans off now. On the flip side, if MLB returns on Independence Day weekend, then they can wrap themselves around the flag as being the first sport to come back from the pandemic, and maybe get more eye balls on the product (at least until the NBA returns to steal their shine). The fact that money is not only this big of an issue but they want to drag this into the public is not a good sign at all for 2020 or 2022 (which is probably going to end up being a lockout if they can't even play nice during a pandemic).
Deadpool Old-Timey Member Posted May 21, 2020 Posted May 21, 2020 Holy crap these players are stupid. The only defence ever put forward of the owners is "they're the ones that take all the risk if something goes badly!" now something is going badly and they're trying to absolve themselves of that risk. Seriously, *IF* baseball resumes, even without fans, there will be players who get Covid-19. WILL, not might. If I was a player, particularly one who already had millions in the bank, I'd be telling teams "thanks, but no thanks, I'll wait 'til next year."
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