2003 - 2006 MLB CBA -- Page 21 ~ 40

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full daily allowance; if arrival is prior to 6 P.M., Players will receive one-half of the daily allowance. The Club may require the Player to sign checks for meals at a hotel in lieu of the cash meal allowance. (3) During the 2003 championship season, the daily allowance shall be $76.50. During the 2004, 2005 and 2006 championship sea- sons, the daily allowance shall be a base of $76.50 plus a cost of liv- ing adjustment rounded to the nearest $.50, provided, however, that the cost of living adjustment shall not reduce the daily allowance below $76.50. (4) Cost of living adjustments shall be computed as follows. (a) To determine the allowance figure effective for the 2004 season, the 2003 base allowance figure provided by this Agree- ment shall be multiplied by a fraction, the numerator of which is the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW) published by the Bureau of Labor Statistics for November 2003 and the denominator of which is the CPIW for November 2002. (b) To determine the allowance figure effective for the 2005 season, the allowance figure for the 2004 season, as adjusted, shall be multiplied by a fraction, the numerator of which is the CPIW for November 2004 and the denominator of which is the CPIW for November 2003. (c) To determine the allowance figure effective for the 2006 season, the allowance figure for the 2005 season, as adjusted, shall be multiplied by a fraction, the numerator of which is the CPIW for November 2005 and the denominator of which is the CPIW for November 2004. (5) A disabled Player who is not traveling with his Club on the road shall receive: (a) the full allowance if he is residing at a hotel or motel in either the metropolitan area of the Club, or one to which the Play- er has gone at the request of the Club; (b) no allowance if he is residing at his in-season residence or permanent residence in the metropolitan area of the Club, which residence is not a hotel or motel; and Page 21 (c) no allowance if he is in a hospital or is residing at his per- manent residence located outside the metropolitan area of the Club. (6) To the maximum extent possible, each Club shall provide the daily allowance pursuant to an accountable plan whereby to the maximum extent possible the daily allowance will be excluded from a Player's gross income. C. Spring Training Allowances (1) During the 2003 spring training season, the weekly allowance shall be $240.50 and the supplemental weekly allowance shall be $43.00. In 2004, 2005 and 2006 there shall be added to both allowances a cost of living adjustment rounded to the nearest $.50, provided, however, that the cost of living adjustment shall not reduce the weekly allowances below $240.50 and $43.00, respec- tively. (2) A Player living away from the Club's spring training head- quarters shall receive the following daily meal and tip allowance (except that Players who make an overnight trip shall receive for the day following the night on the road the daily championship season meal and tip allowance in lieu of the daily allowance provided in this paragraph). No deduction shall be made for lunch or sandwich- es served at the ballpark. In 2003, the daily allowance shall be $68.00. In 2004, 2005 and 2006, there shall be added to the daily allowance a cost of living adjustment rounded to the nearest $.50, provided, however, that the cost of living adjustment shall not reduce the daily allowance below $68.00. Players living at the Club's spring training headquarters also shall receive the daily meal and tip allowance if the Club does not other- wise provide meals. Except where the Club owns facilities (such as Los Angeles), no Player shall be required to sign meal checks or take his meals in lieu of receiving the daily meal and tip allowance. A Player whose Major League Uniform Player's Contract has been optionally assigned but who is in uniform for a Major League spring training game shall receive the daily allowance for each such game. Page 22 (3) A Player living away from the Club's spring training head- quarters shall receive a room allowance of $25.00 per day. Where the Club owns facilities which are considered the equivalent of first- class hotel accommodations (such as Los Angeles), the Club shall pay a daily room allowance of $15.00. (4) Cost of living adjustments shall be computed as set forth in Section B(4) above. (5) To the maximum extent possible, each Club shall provide spring training allowances pursuant to an accountable plan whereby to the maximum extent possible such allowances will be excluded from a Player's gross income. D. Single Rooms on the Road Each Player on a Club's Active List (including disabled Players who travel with the Club) shall have single rooms in the Club's hotels on all road trips during the Club's championship season and post-season. Nothing herein shall prohibit the Clubs from making or continuing agreements with individual Players which provide more favorable arrangements for such Players. E. All-Star Game A Player who is a member of his League's All-Star team shall, in addi- tion to being reimbursed in accordance with past practice, be reim- bursed by the Office of the Commissioner for the first-class jet air fare to and from the site of the All-Star Game for one guest from the guest's place of residence, and for hotel accommodations for a maximum of three days for such guest. F. In-Season Supplemental Allowances (1) A Player shall be entitled to receive the ``in-season supple- mental allowance'' provided by this Section F if: (a) his contract is assigned by a Minor League club to a Major League Club, Page 23 (b) he had no Major League service (or his entire Major League service is only after the preceding August 31) and is on a Major League Club's opening day roster, or (c) his contract is assigned by a Major League Club to anoth- er Major League Club during the championship season or after the sixteenth day prior to the start of the championship season. (2) A Player entitled to receive the in-season supplemental allowance shall be treated by the assignee Club as if he were on the road for each of the first seven days of the assignment in the assignee Club's home city, to include the assignee Club providing the Player with first-class hotel accommodations and the full daily meal and tip allowance described in paragraphs (3) and (4) of Sec- tion B for this period. If this entitlement arises under paragraph (1)(a) or (b) above, first-class hotel accommodations shall be pro- vided at the Club's expense or an allowance for housing expenses, not to exceed the first-class hotel accommodations rate, shall be pro- vided to the Player in advance on a daily basis, as long as the Play- er incurs actual housing expenses. (3) This in-season supplemental allowance shall be provided automatically to such a Player in advance (a) at the time of the assignment for assignments between Major League Clubs, and (b) on a daily basis if the entitlement arises under paragraph 1(a) or (b) above. (4) This Section F shall apply to each such assignment made during a championship season. For a covered assignment from a Minor League club to a Major League Club made during the off- season, the Player shall be entitled to the benefits provided by this Section F only for the days he serves on a Major League Club's active roster before his contract is reassigned to a Minor League club. ARTICLE VIII---Moving Allowances A. If a Player's contract is assigned by a Major League Club to anoth- er Major League Club during the championship season, the assignee Club shall pay the Player, for all moving and other expenses resulting from such assignment, the sum of $850 if the distance between the Page 24 home ballparks of the assignor and assignee Clubs is 1,000 air miles or less; the sum of $1,150 if the distance between the home ballparks of the assignor and assignee Clubs is greater than 1,000 but less than 2,000 air miles; and the sum of $1,450 if the distance between the home ballparks of the assignor and assignee Clubs is equal to or greater than 2,000 air miles. This allowance will be paid to the Player automatically at the time of the assignment. This advance payment will be credited against the reimbursement for reasonable and actual moving expenses should the Player elect to claim such expenses in accordance with the provisions of Section C below. B. If a Player is assigned to another Major League Club located with- in 50 miles of the assignor Club's home city, the Player shall not receive any moving allowance under Section A above, subject to the following exception. If a Player is assigned to another Major League Club and moves from a residence located further than 25 miles from the assignee Club's home ballpark to a residence located closer to, and within 50 miles of, such ballpark, the Player shall receive the moving allowance in accordance with Section A above. C. A Player may elect, within two years after the date of the assign- ment of his contract, regardless of when his contract is assigned or whether the assignment is between Major League Clubs or a Major League Club and a Minor League club, to be reimbursed for (1) the reasonable and actual moving expenses of the Player and his immedi- ate family resulting therefrom, including first-class jet air transporta- tion for the Player and his immediate family, provided that, if the Player relocates more than one year from the date of the assignment, the Player must relocate in the assignee Club's home city and the Play- er must still be playing for the assignee Club at the time he incurs such expenses and (2) all rental payments for living quarters in the city from which he is transferred (and/or spring training location, if applicable), for which he is legally obligated after the date of assignment and for which he is not otherwise reimbursed. Such rental payments shall not include any period beyond the end of a season or prior to the start of spring training. The Club paying reimbursement for rent shall have use and/or the right to rent such living quarters for the period covered by the rental reimbursement. Page 25 In the event a Player is required to report to a Major League Club from a Minor League club in any year on or after September 1, the forego- ing paragraph shall not apply. Reimbursement shall be made by the assignee Club, except, should a Player's Contract be assigned from a Major League Club to a Minor League club, reimbursement shall be made by the assignor Major League Club. ARTICLE IX---Termination Pay A. Off-Season A Player who is tendered a Uniform Player's Contract which is subse- quently terminated by a Club during the period between the end of the championship season and the beginning of the next succeeding spring training under paragraph 7(b)(2) of the Uniform Player's Contract for failure to exhibit sufficient skill or competitive ability shall be entitled to receive termination pay from the Club in an amount equal to thirty (30) days' payment at the rate stipulated in paragraph 2 of (1) his Con- tract for the next succeeding championship season, or (2) if he has no contract for the next succeeding championship season, in an amount equal to thirty (30) days' payment at the rate stipulated in paragraph 2 of the Contract tendered to him by his Club for the next succeeding championship season. B. Spring Training A Player whose Contract is terminated by a Club under paragraph 7(b)(2) of the Uniform Player's Contract for failure to exhibit sufficient skill or competitive ability shall be entitled to receive termination pay from the Club in an amount equal to thirty (30) days' payment at the rate stipulated in paragraph 2 of his Contract, if the termination occurs during spring training but on or before the 16th day prior to the start of the championship season. If the termination occurs during spring train- ing, but subsequent to the 16th day prior to the start of the champi- onship season, the Player's termination pay shall be in an amount equal to forty-five (45) days' payment at the rate stipulated in paragraph 2 of his Contract. Page 26 C. In-Season A Player whose Contract is terminated by a Club during the champi- onship season under paragraph 7(b)(2) of the Uniform Player's Con- tract for failure to exhibit sufficient skill or competitive ability shall be entitled to receive termination pay from the Club in an amount equal to the unpaid balance of the full salary stipulated in paragraph 2 of his Contract for that season. D. Split Contracts In the case of a Player who signs a Major League Contract which sets forth a separate rate of pay for Minor League service, the rate of pay to be utilized in calculating termination pay under the preceding Sec- tions A, B and C shall be: (1) The Minor League rate, if the termination occurs in the off- season; (2) The Minor League rate, if the termination occurs during spring training, but on or before the 16th day prior to the start of the championship season; (3) The Major League rate, if the termination occurs during spring training, but subsequent to the 16th day prior to the start of the championship season; (4) The Minor League rate, if the termination occurs during the season and the Player is, at the time of termination, in the Minor Leagues; and the Major League rate, if the termination occurs dur- ing the season and the Player is, at the time of termination, in the Major Leagues. In the application of this paragraph (4), a Player's Contract may not be assigned to the Minor Leagues for the purpose of reducing the Player's termination pay. Notwithstanding the above, a Player whose Contract is not assignable to the Minor Leagues without his consent, or a Player selected by a Major League Club in the immediately preceding Rule 5 draft, shall be entitled to receive termination pay at the Major League rate unless ter- minated during the championship season at a time when his Contract is under assignment to the Minor Leagues. Page 27 E. Injury If a Player's Contract is terminated by a Club by reason of the Player's failure to render his services due to a disability resulting directly from injury sustained in the course and within the scope of his employment under the Contract, and notice is received by the Club in accordance with Regulation 2 of the Uniform Player's Contract, the Player shall be entitled to receive from the Club the unpaid balance of the full salary for the year in which the injury was sustained, less all workers' com- pensation payments received by the Player as compensation for loss of income for the specific period for which the Club is compensating him in full. F. Non-Duplication The foregoing provisions of this Article IX shall be applied regardless of the number of times a Player may be released during a year, subject to the following limitations: (1) The maximum amount of termination pay which a Player shall be entitled to receive for any year shall not exceed the amount by which: (a) the salary stipulated in the Player's original Contract for such year exceeds (b) the aggregate amount which the Player earns during that year from any Club or Clubs, including any amounts deferred to later years, calculated at present value, and bonuses. (2) In the event a released Player refuses to accept a reasonable Major League Contract offered by a Club other than the Club which released him, such Player shall forfeit that portion of the termination pay which would not have been payable if such Contract had been accepted. Page 28 ARTICLE X---World Series, League Championship Series and Division Series Players' Pool A. Creation of Pool One Players' pool shall be created from the World Series, the two League Championship Series and the four Division Series. Contribu- tions shall be made into the pool as follows: (1) 60% of the total gate receipts from the first 4 World Series games; (2) 60% of the total gate receipts from the first 4 games of each League Championship Series; and (3) 60% of the total gate receipts from the first 3 games (4 if the Division Series is expanded to the best of 7 games) of each Division Series. B. Distribution of Pool The Players' pool shall be distributed to the Players, by Club, as follows: World Series Winner ..................................36% World Series Loser....................................24% League Championship Series Losers (2)...............24% Division Series Losers (4).............................12% Non-Wild Card Second Place Teams (4)................4% Distribution of the Players' pool shall be made to the Players within 30 days after the completion of the World Series, unless for good cause the Parties agree to extend the period. C. Division of Players' Pool The division of the Players' pool shall be made by a vote of the Play- ers, in a meeting chaired by the Player Representative, at which atten- dance shall be limited to Players, except that the field manager, prior to being excused from such meeting, shall be given first the opportu- nity to express his views as to the division of the pool. At the invitation Page 29 of the Player Representative, the field manager may be present during the remainder of the meeting, or any part thereof. The vote of the Play- ers shall not be subject to alteration, except as may be required to con- form to the Major League Rules. Non-uniformed personnel of a Club shall not be eligible to receive a percentage share of the Players' pool, but shall be eligible to receive cash awards of defined dollar value, provided that no cash award may exceed the value of a full share. D. Guarantee of Pool (1) To the extent, if any, that the Players' pool provides a total of less than $2,416,450 for the World Series winner, the amount to be distributed to such winner shall be increased to $2,416,450. To the extent, if any, that the Players' pool provides a total of less than $1,611,000 for the World Series loser, the amount to be distributed to such loser shall be increased to $1,611,000. (2) To the extent, if any, that the Players' pool provides a total of less than $1,611,000 for both League Championship Series losers ($850,500 each), the amount to be distributed to such losers shall be increased to $1,611,000 ($850,500 each). (3) To the extent, if any, that the Players' pool provides a total of less than $644,400 for the Division Series losers, the total amount to be distributed to such Division Series losers shall be increased to $644,400. (4) To the extent, if any, that the Players' pool provides a total of less than $161,100 for the non-Wild Card second place teams in each division, the total amount to be distributed to such non-Wild Card second place teams shall be increased to $161,100. (5) If, during the term of this Agreement, the Clubs raise World Series ticket prices, the guarantees set forth in the above paragraphs (1), (2), (3) and (4) shall be increased a pro rata amount, such amount established by averaging the percentage increase of a box seat ticket and the percentage increase of a reserved seat ticket and increasing each guarantee by such percentage. Page 30 ARTICLE XI---Grievance Procedure For the purpose of providing an orderly and expeditious procedure for the handling and resolving of certain grievances and complaints, as hereinafter provided, the following shall apply as the exclusive reme- dy of the Parties. A. Definitions As used herein, the following terms shall have the meanings indicated: (1) (a) ``Grievance'' shall mean a complaint which involves the existence or interpretation of, or compliance with, any agreement, or any provision of any agreement, between the Association and the Clubs or any of them, or between a Player and a Club, except that disputes relating to the following agreements between the Associa- tion and the Clubs shall not be subject to the Grievance Procedure set forth herein: (i) The Major League Baseball Players Benefit Plan; (ii) The Agreement Re Major League Baseball Players Ben- efit Plan; (iii) The Agreement regarding dues check-off. Any procedures or remedies available to the Parties for the resolution of disputes arising under said agreements which were available as of their respective execution dates shall continue to be available and not be altered or abridged in any way as a result of this Basic Agreement between the Association and the Clubs. (b) Notwithstanding the definition of ``Grievance'' set forth in subparagraph (a) above, ``Grievance'' shall not mean a complaint which involves action taken with respect to a Player or Players by the Commissioner involving the preservation of the integrity of, or the maintenance of public confidence in, the game of baseball. Within 30 days of the date of the action taken, such complaint shall be presented to the Commissioner who promptly shall con- duct a hearing in accordance with the Rules of Procedure attached hereto as Appendix A. The Commissioner shall render a written decision as soon as practicable following the conclusion of such hearing. The Commissioner's decision shall constitute Page 31 full, final and complete disposition of such complaint, and shall have the same effect as a Grievance decision of the Arbitration Panel. In the event a matter filed as a Grievance in accordance with the procedure hereinafter provided in Section B gives rise to issues involving the integrity of, or public confidence in, the game of baseball, the Commissioner may, at any stage of its pro- cessing, order that the matter be withdrawn from such procedure and thereafter be processed in accordance with the procedure provided above in this subparagraph (b). The order of the Com- missioner withdrawing such matter shall constitute a final deter- mination of the procedure to be followed for the exclusive and complete disposition of such matter, and such order shall have the same effect as a Grievance decision of the Arbitration Panel. (See also Attachment 2.) The Association may reopen this Agreement, with reference solely to Section A(1)(b) and Section C of this Article, upon the giving of 10 days' written notice at any time, based upon experience under the aforesaid Sections which, in its opinion, is unsatisfactory. Any reopening notice served by the Association, in accordance with the foregoing, will be based only on actual experience with the operation of such Sections in the processing of grievances or complaints and such reopening cannot occur unless there is actu- al experience under such Sections. Also, in the event that the incumbent Vice President, On-Field Operations or the incumbent President and Chief Operating Offi- cer leaves that Office, the Association may reopen this Agree- ment, with reference solely to Section C of this Article as it affects the role of the Vice President, On-Field Operations or the President and Chief Operating Officer, upon the giving of 10 days' written notice. (c) Notwithstanding the definition of ``Grievance'' set forth in subparagraph (a) above, ``Grievance'' shall not mean a complaint or dispute which involves the interpretation or application of, or compliance with the provisions of the first sentence of paragraph 3(c) of the Uniform Player's Contract. However, nothing herein shall alter or abridge the rights of the Parties, or any of them, to Page 32 resort to a court of law for the resolution of such complaint or dispute. Anything in the Grievance Procedure provided for in the Basic Agreement to the contrary notwithstanding, complaints or dis- putes as to any rights of the Players or the Clubs with respect to the sale or proceeds of sale of radio or television broadcasting rights in any baseball games by any kind or method of transmis- sion, dissemination or reception shall not be subject to said Grievance Procedure. However, nothing herein or in the Griev- ance Procedure shall alter or abridge the rights of the Parties, or any of them, to resort to a court of law for the resolution of such complaint or dispute. The reference herein to the above types of complaints or disputes shall not be deemed to define exclusively the types of complaints or disputes which are not subject to said Grievance Procedure. (2) ``League'' shall mean The American League of Professional Baseball Clubs or The National League of Professional Baseball Clubs. (3) ``Commissioner'' shall mean the person holding the office of Commissioner of Baseball as defined in the Major League Constitution. (4) ``Player'' or ``Players'' shall mean a Player or Players on the active roster of a Major League Club or on a disabled, restricted, disqualified, ineligible, suspended or military list of a Major League Club. The term ``Player'' shall also include a former Player or Play- ers who have a grievance or complaint arising by reason of their for- mer status as a Player as defined in the preceding sentence. (5) ``Club'' or ``Clubs'' shall mean a Club or Clubs with member- ship in a League. (6) ``Association'' shall mean the Major League Baseball Players Association. (7) ``Labor Relations Department'' or ``LRD'' shall mean the Major League Baseball Labor Relations Department established by the Clubs or any department of the Commissioner's Office which assumes on behalf of the Commissioner the responsibilities former- ly held by the Major League Baseball Player Relations Committee. Page 33 (8) ``Grievant'' shall mean a party who initiates or appeals a Grievance. (9) ``Arbitration Panel'' shall mean the impartial arbitrator or, where either Party so elects, a tripartite panel so empowered and composed of the impartial arbitrator and two party arbitrators, one appointed by the Association, the other appointed by the LRD. The impartial arbitrator, who shall in all instances be designated as the Panel Chairman, shall be appointed by agreement of the Association and the LRD. In the event the Association and the LRD are unable to agree upon the appointment of the impartial arbitrator, they joint- ly shall request that the American Arbitration Association furnish them a list of prominent, professional arbitrators. Upon receipt of said list, they shall alternate in striking names from the list until only one remains. The arbitrator whose name remains shall be deemed appointed as the impartial arbitrator. At any time during the term of this Agreement either the Associa- tion or the LRD may terminate the appointment of the impartial arbitrator by serving written notice upon him and the other Party; provided that no such termination shall in any way impair the authority of the impartial arbitrator to render awards with respect to matters fully submitted to him. Within 30 days of any such termina- tion, the Association and LRD shall either agree upon a successor impartial arbitrator or select a successor from an American Arbitra- tion Association list, as set forth above. Decisions of the Arbitration Panel shall be made by the impartial arbitrator or, where the panel is tripartite, by majority vote. B. Procedure Step 1. Any Player who believes that he has a justifiable Grievance shall first discuss the matter with a representative of his Club desig- nated to handle such matters, in an attempt to settle it. If the matter is not resolved as a result of such discussions, a written notice of the Grievance shall be presented to the Club's designated representative, provided, however, that for a Grievance to be considered beyond Step 1, such written notice shall be presented within (a) 45 days from the date of the occurrence upon which the Grievance is based, or (b) 45 days from the date on which the facts of the matter became known or Page 34 reasonably should have become known to the Player, whichever is later. Within 10 days following receipt of such written notice (within 2 days if disciplinary suspension or a grievance involving Player safety and health), the Club's designated representative shall advise the Play- er in writing of his decision and shall furnish a copy to the Association. If the decision of the Club is not appealed further within 15 days of its receipt, the Grievance shall be considered settled on the basis of that decision and shall not be eligible for further appeal. Step 2. A Grievance, to be considered in Step 2, shall be appealed in writing by the Grievant or by the Association to a designated repre- sentative of the LRD within 15 days following receipt of the Club's written decision. The Grievance shall be discussed within 10 days thereafter (within 2 days if disciplinary suspension or a grievance involving Player safety and health) between representatives of the LRD and representatives of the Association in an attempt to settle it. Within 10 days following such discussion (within 2 days if disciplinary suspension or a grievance involving Player safety and health), the des- ignated representative of the LRD shall advise the Grievant in writing of his decision and shall furnish a copy to the Association. If the deci- sion of the LRD representative is not appealed further within 15 days of its receipt, the Grievance shall be considered settled on the basis of that decision and shall not be eligible for further appeal. Grievances which involve (a) more than one Club, or (b) a Player who is not under contract to a Club which is party to the Grievance, may be filed initially in Step 2, provided that written notice of the Grievance shall be presented to the designated representative of the LRD within (a) 30 days from the date of the occurrence upon which the Grievance is based, or (b) 30 days from the date on which the facts of the matter became known or reasonably should have become known to the Play- er, whichever is later. In a Grievance alleging that the assignment of a Player to a Minor League club was in violation of Article XIX(C)(1), any party to the Grievance may request the appointment of a ``Medical Expert,'' accord- ing to the following procedures. Within 20 days of receipt of the Notice of Grievance, the Office of the Commissioner shall provide to the Association all medical records related to the Grievance (and not previously provided to the Associa- Page 35 tion) and any other documents properly requested by the Association. Within 10 days after receipt of those records, the Grievant may request appointment of a Medical Expert. (If the Grievance was filed at Step 1, that date shall be the deadline for an appeal to Step 2.) If the Grievant does not so request, the Club may request appointment of a Medical Expert within 15 days after supplying the medical records. If neither party requests appointment of a Medical Expert, the parties shall proceed under normal procedures to the Step 2 meeting. In the event of a proper request, within 10 days the parties shall appoint a Medical Expert, either by agreement or by randomly (and blindly) selecting seven specialists in the area of the Player's alleged injury from the second medical opinion list contemplated by Article XIII(D), and then alternately striking names from the list until only one name remains. As a condition of his appointment, the selected Medical Expert must agree to testify at the arbitration of the Grievance if called by a party. Should that physician decline to serve as Medical Expert, the appointment process shall be repeated from the beginning, with the declining physician's name being removed from the pool of specialists from which the list of seven is selected. Within 10 days of the appointment of a Medical Expert, the parties shall arrange to submit to that physician (i) a list of medical questions for the physician to attempt to answer and (ii) all pertinent medical records and any other documents that either party believes are relevant to the submitted questions. The Medical Expert may request addition- al documentary information and/or a physical examination (but not an interview) of the Grievant. Within 30 days from receipt of the parties' final submission (including the physical examination of the Grievant, if requested), the Medical Expert shall issue a written report to the par- ties. The Medical Expert may inform the parties, if no other finding is appropriate, that he is unable to provide an answer to a question(s) before him with a reasonable degree of medical certainty. The Medical Expert, in his discretion, may request a meeting with the parties, by teleconference or in-person, either before issuance of the Medical Expert's written report or within 10 days thereof. Within 10 days of receipt of the report (or of the meeting with the Med- ical Expert, if later), the parties shall hold a Step 2 meeting. Page 36 If the Grievance proceeds to arbitration, the Medical Expert's written report shall be admissible in the arbitration; provided, however, that the Arbitration Panel shall give the report such weight as it deems appro- priate and in no event shall the Medical Expert's opinion be deemed dispositive of the Grievance. All costs associated with retention of a Medical Expert, including fees and expenses, shall be borne equally by the Association and the Office of the Commissioner. Arbitration. Within 15 days following receipt of the Step 2 decision, the Grievant or the Association may appeal the Grievance in writing to the Panel Chairman for impartial arbitration. Upon receipt of the notice of appeal, the Chairman of the Arbitration Panel shall set a time, date and place for hearing the appeal, which hearing shall be commenced as soon as practicable but no later than 20 days following receipt of the notice of appeal (5 days if disciplinary suspension or a grievance involving Player safety and health). Such hearing shall be conducted in accordance with the Rules of Procedure attached hereto as Appendix A. The Arbitration Panel shall render a written decision as soon as practicable following the conclusion of such hearing (within 5 days if disciplinary suspension or a grievance involving Player safety and health), and may affirm, modify or reverse the decision from which the appeal is taken. The decision of the Arbitration Panel shall constitute full, final and complete disposition of the Grievance appealed to it. With regard to the arbitration of Grievances, the Arbitration Panel shall have jurisdiction and authority only to determine the existence of or compliance with, or to interpret or apply agreements or provisions of agreements between the Association and the Clubs or any of them, or between individual Players and Clubs. The Arbitration Panel shall not have jurisdiction or authority to add to, detract from, or alter in any way the provisions of such agreements. All costs of arbitration, including the fees and expenses of the impar- tial arbitrator, shall be borne equally by the parties, provided that each of the parties shall bear the cost of its own party arbitrator, witnesses, counsel and the like. Page 37 C. Special Procedure with Regard to Certain Disciplinary Action Complaints involving a fine or suspension imposed upon a Player by the Vice President, On-Field Operations or the Commissioner for con- duct on the playing field or in the ballpark shall be subject exclusively to this Section C as follows: (1) Any Player who believes that he has a justifiable complaint regarding such discipline may, within 7 days of his receipt of writ- ten notification of the discipline, appeal in writing to the President and Chief Operating Officer, if the discipline was imposed by the Vice President, On-Field Operations, or to the Commissioner, if the discipline was imposed by him, for a hearing. Upon receipt of the notice of appeal, the President and Chief Operating Officer or the Commissioner, as the case may be, shall designate a time and place for hearing the appeal, which hearing shall be commenced within 10 days from the date of receipt of the appeal. If the disputed discipline involves a fine equal to or less than $1,000 and does not involve a suspension, the hearing shall be held by conference call; provided, however, that, if the Player elects, the hearing shall be held in per- son and in NewYork if the Player's Club is scheduled to be in New York within thirty days from the date of the appeal, or if the Player makes himself available in New York during that 30-day period. Such hearing shall be conducted in accordance with the Rules of Procedure attached hereto as Appendix A. The President and Chief Operating Officer or the Commissioner, as the case may be, shall render a written decision as soon as practicable following the con- clusion of such hearing, and may affirm, modify, or revoke the dis- ciplinary action originally imposed. The decision by the President and Chief Operating Officer or the Commissioner, as the case may be, shall constitute full, final and complete disposition of the com- plaint and shall have the same effect as a Grievance decision of the Arbitration Panel. (2) Notwithstanding the provisions of paragraph (1) above, if any such discipline imposed upon a Player by the Vice President, On-Field Operations involves a fine in an amount which exceeds $5,000 or a suspension exceeding 10 days, any complaint relating thereto shall be appealable from the decision of the President and Page 38 Chief Operating Officer to the Commissioner for determination in the same manner and with the same effect as provided in paragraph 1(b) of Section A hereof. D. Grievances Initiated or Appealed by a Club Step 1. Any Club which believes it has a justifiable Grievance shall present a written notice of the Grievance to the Player with a copy to the Association, provided, however, that for a Grievance to be consid- ered beyond Step 1, such written notice shall be presented within (a) 45 days from the date of the occurrence upon which the Grievance is based, or (b) 45 days from the date on which the facts of the matter became known or reasonably should have become known to the Club, whichever is later. Within 10 days following receipt of such written notice, the Player shall advise the Club in writing of his decision and shall furnish a copy to the LRD. If the decision of the Player is not appealed further within 15 days of its receipt, the Grievance shall be considered settled on the basis of that decision and shall not be eligi- ble for further appeal. Step 2. A Grievance, to be considered in Step 2, shall be appealed in writing by the Club or the LRD to the Association within 15 days fol- lowing receipt of the Player's written decision. The Grievance shall be discussed within 10 days thereafter between representatives of the LRD and representatives of the Association in an attempt to settle it. Within 10 days following such discussion, the Association shall advise the LRD in writing of its decision. If the decision of the Association is not appealed further within 15 days of its receipt, the Grievance shall be considered settled on the basis of that decision and shall not be eli- gible for further appeal. Grievances which involve (a) more than one Club, (b) more than one Player, or (c) a Player who is not under contract to a Club which is party to the Grievance, may be filed initially in Step 2, provided that written notice of the Grievance shall be presented to the Association within (a) 30 days from the date of the occurrence upon which the Grievance is based, or (b) 30 days from the date on which the facts of the matter became known or reasonably should have become known to the Club, whichever is later. Page 39 Arbitration. Within 15 days following receipt of the Step 2 decision of the Association, the LRD may appeal the Grievance in writing to the Panel Chairman for impartial arbitration. The procedures to be fol- lowed in arbitration and the jurisdiction of the Arbitration Panel shall be as set forth in Section B above. Nothing contained in this Section D shall be deemed to limit or impair the right of any Club to impose discipline upon a Player or Players or to take any other action not inconsistent with the Uniform Player's Contract or any agreement with the Association to which the Club is a Party. Any complaint or dispute which may be a subject for discipline shall not constitute a proper basis for a Club Grievance under this Section D. E. Grievances Initiated or Appealed by the Association (1) The Association may on its own motion appeal Grievances or complaints on behalf of a Player or Players as provided in this Grievance Procedure, except that the Association will not appeal a Grievance or complaint involving player discipline without the approval of the Player or Players concerned. (2) The Association may on its own motion initiate Grievances or complaints on behalf of a Player or Players on all matters not involving player discipline. Nothing herein shall interfere with the right of a Player who initiates a disciplinary Grievance or complaint to be represented by the Association at any Step of the Grievance Procedure. F. Miscellaneous (1) Each of the time limits set forth herein may be extended by mutual agreement of the parties involved. (2) If any Grievance is not processed in accordance with the pre- scribed time limits in any Step, unless an extension of time has been mutually agreed upon, either party, after notifying the other party of its intent in writing, may appeal to the next Step. (3) Any decision which is appealable under this Grievance Pro- cedure but which is not appealed within the time allowed or within Page 40 -- This is the Sox. The 2003 Sox. We have a lot of fun with each other. We're a great team. We pull for each other. No. 1 through 25 on this roster contributes every night. Even if you're not in the game, we have guys on the bench helping us out, picking us up. ----Kevin Millar -- ※ 發信站: 批踢踢實業坊(ptt.cc) ◆ From: 61.223.120.70