Daniel Silverman Against Major League Baseball Player Relations Committee, Inc. And The Constituent Member Clubs Of Major League Baseball

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 95 CIV. 2054 (SS) DANIEL SILVERMAN, Regional Director for Region 2 of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, - against - MAJOR LEAGUE BASEBALL PLAYER RELATIONS COMMITTEE, INC. AND THE CONSTITUENT MEMBER CLUBS OF MAJOR LEAGUE BASEBALL, Respondents. SONIA SOTOMAYOR, U.S.D.J. ORDER For the reasons discussed on the transcript of hearing before the court this day, the Court issues an injunction directing and ordering Respondents, the Major League Baseball Player Relations Committee, Inc. and its twenty-eight constituent member clubs of Major League Baseball, 1) to restore the terms and conditions of employment provided under the expired Basic Agreement which was effective January 1, 1990, including its free agency/reserve systems with salary arbitration for eligible reserve players, Article XX(f) and all other of their constituent parts; 2) immediately to rescind any written notice to all club members any actions taken, including the February 6 letter from Charles P. O'Conner to Donald M. Fehr Re: Exclusive Representative Status of PRC and the February 6, 1995 Memorandum with its attached Questions and Answers sent by Charles P. O'Conner to All Major League Clubs Subject: Individual Club/Player Contract Negotiations. that are inconsistent with or conflict with the terms and conditions of employment, including all provisions of the free agency/reserve systems provided under the expired Basic Agreement; and 3) to bargain in good faith without unilateral changes to the Basic Agreement with the Major League Baseball Players Association (the "Union") in compliance with Sect. 8 (a) (1) and (5) of the National Labor Relations Act. This injunction is to remain in effect until either (1) the Players and Owners enter into a new collective bargaining agreement that replaces the expired Basic Agreement, or (2) the final disposition of the matters pending before the National Labor Relations Board on the Complaint and Notice of Hearing of the General Counsel of the Board in Case No. 2-CA-28177, or (3) a finding of this court, upon petition of the Players or Respondents or a desolution of the injunction demonstrating that an impasse in good faith bargaining has occurred despite a reasonable passage of time negotiating in good faith the full mandatory bargaining terms of the expired Basic Agreement. SO ORDERED Dated: March 31, 1995 New York, NY /s/ Sonia Sotomayor U.S.D.J. ----- Brought to you by - The 'Lectric Law Library The Net's Finest Legal Resource For Legal Pros & Laypeople Alike. http://www.lectlaw.com