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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.
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.
Dated: March 31, 1995 New York, NY
/s/ Sonia Sotomayor
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