2003 - 2006 MLB CBA -- Page 41 ~ 60

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any time mutually agreed upon by the parties shall constitute a full, final and complete disposition of the Grievance involved. (4) In any discussion or hearing provided for in the Grievance Procedure, a Player may be accompanied by a representative of the Association who may participate in such discussion or hearing and represent the Player. In any such discussion or hearing, any other party may be accompanied by a representative who may participate in such discussion or hearing and represent such party. G. Survival Following Termination of Basic Agreement Unless eliminated or modified following an impasse in bargaining, Article XI shall remain in full force and effect after termination of this Agreement; provided, however, that disputes arising after the termina- tion of this Agreement related to the legality or validity of unilateral changes of terms and conditions of employment following an impasse in bargaining and any other self-help conduct of the Parties, including but not limited to, unilateral changes in nonmandatory subjects of bar- gaining, shall not be subject to Article XI. ARTICLE XII---Discipline A. Just Cause The Parties recognize that a Player may be subjected to disciplinary action for just cause by his Club, the Vice President, On-Field Opera- tions or the Commissioner. Therefore, in Grievances regarding disci- pline, the issue to be resolved shall be whether there has been just cause for the penalty imposed. If discipline imposed upon a Player is determined to be improper by reason of a final decision under this Grievance Procedure, the Player shall promptly be made whole. The term ``make whole'' means: (1) if a fine is found to have been imposed improperly, the fine will be promptly repaid; (2) any salary loss as a result of an improper suspension will be promptly paid; Page 41 (3) in the application of items (1) and (2) above, interest will also be paid at the rate per annum set forth in Article XV(K) below; and (4) crediting the Player with performance statistics for the pur- pose of determining whether a performance level contained in any special covenant to his Uniform Player's Contract has been met. Such credit shall be determined by multiplying the Player's relevant average per game statistic while he was on a Club's Active List for the current championship season by the number of games for which the Arbitration Panel determines the Player was improperly sus- pended and adding that product to the Player's year-end total. Such credit shall not be awarded to a Player for such time that his sus- pension covers time the Player is on the Disabled List. B. Notice Written notice of discipline of a Player (a fine, or suspension, or both) imposed by the Commissioner of Baseball, the Vice President, On- Field Operations, or a Club (except for actions arising from participa- tion in the Winter Leagues) and the reason therefore shall in every case be given to the Player and the Association. With respect to discipline imposed upon a Player by the Vice President, On-Field Operations or the Commissioner, the Commissioner shall immediately give to the Association notice by mail of fines, and fac- simile notice of suspension and of an appeal for a hearing. C. Discovery A Player who is disciplined shall have the right to discover, in timely fashion, all documents and evidence adduced during any investigation of the charges involved. D. Compliance (1) Nothing contained in this Grievance Procedure shall excuse a Player from prompt compliance with any discipline imposed upon him. Page 42 (2) Payment of Fines (a) Club Fines. A fine imposed by a Club pursuant to Regu- lation 5 of the Uniform Player's Contract in excess of $1,000 may not be deducted from the Player's salary until such fine is finally upheld in the Grievance Procedure or the time in which to file a Grievance has expired. (b) Fines Imposed by the Vice President, On-Field Operations or Commissioner. A fine imposed by the Vice President, On- Field Operations or the Commissioner in an amount of $2,000 or less shall continue to be payable when imposed. Fines in an amount greater than $2,000 shall be payable only when such fine becomes final. When a fine imposed by the Vice President, On-Field Operations or the Commissioner becomes final, the Player's employing Club is authorized, at the request of the Vice President, On-Field Operations, or the Commissioner in the case of a fine imposed by the Commissioner, to deduct the amount of the fine from the Player's salary and transmit such sum to the Commissioner. E. Investigations Except where circumstances require expeditious handling, the Player and the Association shall receive reasonable advance notice of any investigatory interview with a Player. Where circumstances requiring expeditious handling are present, the Player and the Association shall receive as much advance notice as is possible, but in no event shall the Association receive less notice than the Player. All parties recognize the right of the Player to be represented at such interview by the Asso- ciation and counsel of his choice. F. Major League Rules 15 and 16 The following time limit provisions set forth in Major League Rules 15 and 16 shall be inapplicable in disciplinary matters: (1) the prohibition in Rule 16(a) against reinstatement of a Play- er on the Restricted, Disqualified and Ineligible Lists in the period August 1 to October 31, inclusive; Page 43 (2) the prohibition in Rules 15(c)(1) and 16(c) against applica- tion for reinstatement from the Ineligible List until after the lapse of one year from the date of placement on such list; and (3) the requirement of Rule 16(a) that the Player's Club shall be entitled to 30 days' written notice prior to his reinstatement from the Disqualified or Ineligible Lists, if application for such reinstatement is filed after February 1 of any year. ARTICLE XIII---Safety and Health A. Safety and Health Advisory Committee (1) Safety and Health Advisory Committee The Parties shall establish and maintain a bipartisan Safety and Health Advisory Committee which shall be comprised of an equal number of members representing the Association and representing the Clubs. The purpose of the Committee shall be (a) to deal with emergency safety and health problems as they arise, and attempt to find solutions, and (b) to engage in review of, planning for and maintenance of safe and healthful working conditions for Players. (2) Committee Meetings A meeting of the Safety and Health Advisory Committee may be called by any member thereof who believes that an emergency safe- ty and health problem exists and requires immediate attention, and a meeting shall be held as soon as practicable thereafter. In addition, the Committee shall hold at least one regular meeting annually for purposes of review and planning. (3) Power and Authority of Committee The Safety and Health Advisory Committee shall make recom- mendations to the Parties as to the solution of problems and the establishment of policies. The Committee shall use its best efforts to persuade the Parties to adopt the Committee's recommendations. The Committee, however, shall only have advisory authority and it shall not have the power to impose its views or recommendations upon the Parties. Page 44 (4) Other Rights and Remedies Nothing herein shall diminish or interfere with any other rights and remedies the Players or the Association may pursue under the Grievance Procedure of this Agreement or under the procedures established pursuant to the Occupational Safety and Health Act. It is not a necessary prerequisite to utilization of the Grievance Proce- dure that the Safety and Health Advisory Committee procedures be instituted or exhausted. (See Attachment 4.) B. Safety Complaints-Responsibility of the Commissioner Notwithstanding the provisions of Section A, when a safety complaint is made by the Association to the Office of the Commissioner, the Commissioner shall promptly designate a representative to investigate and to attempt to resolve the problem. The Commissioner shall promptly notify the Association of the results of the investigation and of all attempts to resolve the problem. C. Disabled List Application by a Club to the Commissioner to place a Player on the Disabled List shall be accompanied by a Standard Form of Diagnosis. (See Attachment 5.) This Standard Form of Diagnosis shall be com- pleted by the Club physician and shall include, as a separate item, an estimated time period for recovery. A copy of the completed Standard Form will be given to the Player and the Association. The Club physi- cian will also complete and submit the Standard Form of Diagnosis for recertification of a Player on the Disabled List at the date when he first becomes eligible for reinstatement to active status and then every fif- teen days following the date upon which the Player first became eligi- ble for reinstatement (except for Players placed upon the Emergency Disabled List). D. Second Medical Opinion Within 20 days following the execution of this Agreement, the Clubs shall provide an updated, accepted listing of medical specialists, by specialty and by geographic regions, to whom Players may upon their request go for diagnosis and a second medical evaluation of an Page 45 employment related illness or injury being treated by the Club physi- cian. At least two physicians shall be designated for each specialty in each region. Further, the Association and the Clubs shall promptly agree on appropriate procedures by which this listing of medical spe- cialists shall be updated annually. A Player may seek a ``second evalu- ation'' from a medical specialist on the accepted listing who is located outside of the geographic region within which the Player's Club is located, provided that the Player is not absent from the Club for an unreasonable period of time. If a Player uses the services of a medical specialist who is on the accepted listing, then the Club shall pay the cost of the ``second evalu- ation,'' including transportation and hotel costs. Expenses for ``second evaluations'' by medical specialists who are not on the accepted listing shall be authorized and paid only by prior mutu- al agreement between the Player and the Club. E. Trainers Each Club shall employ two trainers on a full-time basis. Both trainers will travel with the Club on the road; provided, that one trainer may remain in the Club's home city if necessary for the Club to fulfill its obligations to disabled players who do not travel with the Club. Individuals newly appointed as trainers shall be certified by the National Athletic Trainers Association (NATA) or the Canadian Ath- letic Therapists Association (CATA), or shall be physical therapists licensed by an appropriate state authority. F. Locker Room Equipment Each visiting locker room shall be equipped with the following equip- ment, all in good working order, and of a size and capacity adequate for the treatment of professional baseball players: whirlpool, hydrocu- lator, ultrasound machine and examining table. G. Medical Records If a Player on a visiting Club receives medical treatment from the home Club's doctor, a copy of any written medical evaluation prepared by Page 46 the home Club's doctor shall, when authorized by the Player, be pro- vided to the Player and his Club doctor. H. Location of Rehabilitation Facilities A Club may direct a disabled Player to perform prescribed rehabilita- tion work for an injury at a rehabilitation facility at one of the follow- ing three sites: (a) in the Club's home city; (b) on the road with the Club; or (c) if the Player has less than five years of Major League serv- ice, at the Club's spring training facility; provided, however, that a Club may not direct that a Player perform prescribed rehabilitation work for an injury at its spring training facility for a period of more than 20 days without the Player's written consent. If such a direction to perform rehabilitation work for an injury at the Club's spring train- ing facility is for more than ten days, then days 11 through 20, if appli- cable, shall reduce by each day the maximum period of a rehabilitation assignment to a Minor League club for that injury pursuant to Article XIX(C)(1). Regardless of the site of the rehabilitation facility, each Club shall provide first-class rehabilitation facilities and care to all dis- abled players. I. Medical History Questionnaire Each Club shall utilize the Medical History Questionnaire developed by the Club physicians in connection with the Club's initial physical examination of the Player. The current Medical History Questionnaire is attached hereto as Attachment 6. ARTICLE XIV---Spring Training Conditions A. Reporting No Player shall be required to report for spring training workouts more than thirty-three (33) days prior to the start of the championship sea- son, provided that: (1) injured Players, pitchers and catchers may be invited to attend spring training workouts no earlier than forty-five (45) days prior to the start of the championship season; and Page 47 (2) all other Players may be invited to attend spring training workouts no earlier than forty (40) days prior to the start of the championship season. B. Living Away from Club Headquarters Any Major League Player may live away from the Club's spring train- ing headquarters, unless the Club can demonstrate good cause for not permitting him to do so. C. Meetings with Players The Association shall have the right to hold one team meeting during the Players' normal working hours, with the Players on each Club in the Club's spring training clubhouse, provided the Association gives the Club involved as much advance notice as possible, but in no event less than 10 days; such meeting to be approximately 60 minutes but not more than 90 minutes in duration starting with the normal reporting time of Players on each Club but not earlier than 9:30 A.M. No ``B'' games shall be scheduled to conflict with such meetings. ARTICLE XV---Miscellaneous A. No Discrimination The Clubs will not interfere with, restrain or coerce Players because of membership in or lawful activity on behalf of the Association, nor will they discriminate because of Association activity in regard to hire, tenure or employment or any term or condition of employment. The provisions of this Agreement shall be applied to all Players cov- ered by this Agreement without regard to race, color, religion or national origin. B. Parking Facilities Each Club shall provide or arrange for appropriate automobile parking spaces for Players and, to the extent practicable, van and small truck parking spaces for Players, at its home ballpark on game or practice days, without cost to the Players. Page 48 C. Winter League Play No Major League Player shall be required to play in the Winter Leagues, provided that this provision shall not bar a Club from recom- mending the advisability of such activity to any Player. D. College Scholarship Plan A Major League Player for whom there is in effect on or after January 1, 1973 a valid and unexpired scholarship under the College Scholar- ship Plan may commence or resume his studies under the Plan at any time within two years after his last day of Major League service. If his college studies have not commenced under the Plan within two years after his last day of Major League service, his scholarship shall terminate. Otherwise, his scholarship shall continue unless he shall fail to attend college for more than two consecutive years after his last day of Major League service, without proper reason as set forth in Major League Rule 3(c)(4)(D). Participation by a Player in Winter League or Instruc- tional League play shall constitute proper reason for tolling the time limitation in the preceding sentence. E. Active Player Limit (1) The active Player limit set forth in Major League Rule 2(c) for the period beginning with opening day of the championship sea- son and ending at Midnight, August 31, shall be 25, provided that the minimum number of active Players maintained by each Club throughout the championship season shall be 24. However, if a reduction below 24 occurs as a result of unforeseen circumstances, the Club shall, within 48 hours (plus time necessary for the Player to report), bring its active roster back to a minimum of 24 Players. The utilization or non-utilization of rights under this paragraph (1) is an individual matter to be determined solely by each Club for its own benefit. Clubs shall not act in concert with other Clubs. (2) The active Player limit set forth in Major League Rule 2(c) for the period beginning with September 1 and ending with the close of the championship season shall be 40 for the duration of this Agreement. Page 49 F. Spanish Translations and ESL Courses This Agreement and the notices listed in Attachment 7 shall be trans- lated and printed in Spanish and shall be made available to all Spanish- speaking Players. The costs for the translation and printing shall be borne equally by the Association and the Clubs. In the event of any dis- pute involving the interpretation of, or compliance with, the provisions of this Agreement or these notices, the English version shall govern. Further, during each championship season covered by this Agreement, each Club will make available an English-as-a-second-language course, at its expense, provided that at least one Player on that Club requests such a course. G. Future Expansion During the term of this Agreement, the Clubs have the right to expand the number of Major League Clubs by adding up to two (2) new Expansion Clubs. Notice of a decision to expand by two Clubs shall promptly be given to the Association and the Association may reopen this Agreement with reference solely to the effect upon the Players of such expansion, upon the giving of 10 days' written notice. H. Future Contraction The Office of the Commissioner and/or the Clubs shall not undertake any centralized effort to reduce the number of Major League Clubs effective for a season covered by this Agreement. The Clubs shall, however, have the right, subject to the terms and conditions set forth in this Article XV(H), to reduce by as many as two (2) the number of Major League Clubs effective for the 2007 championship season. (1) Procedure (a) The Clubs may not take a vote relating to contraction effec- tive for the 2007 season prior to April 1, 2006. The Clubs shall noti- fy the Association of any decision to contract effective for the 2007 championship season no later than July 1, 2006 and, on or before that date, shall supply to the Association a tentative championship schedule for the 2007 championship season reflecting such deci- sion. Page 50 (b) Any decision to contract effective for the 2007 championship season shall be subject to effects bargaining and such bargaining shall commence no later than July 15, 2006. (2) Covenants of the Clubs and the Association In the event the Clubs vote to contract effective for the 2007 championship season: (a) The Association, on behalf of itself and the Major League Players, shall not bring in any forum any contractual or NLRA challenge to the decision to contract (but not the effects thereof). Moreover, the Association shall not pursue, encourage, finance or assist any antitrust challenge to such decision to contract; and (b) The Clubs shall not contend, in any litigation related to a decision to contract effective for the 2007 championship season, that the decision to contract is a mandatory subject of bargaining under the NLRA. Notwithstanding subparagraph (a) above, the Association may intervene in any such litigation to enforce the covenant set out in this subparagraph (b). (3) Exclusion This Article XV(H) shall not preclude the owner or owners of an individual Club from taking action (e.g., bankruptcy) that would result in the elimination of such Club. (4) Survival of the Basic Agreement The Clubs and the Association expressly acknowledge and agree that this Article XV(H) shall, in all events, survive the expiration of the Basic Agreement. (See Attachment 8.) I. Default Notice During the term of this Agreement, the right of a Player to terminate his Uniform Player's Contract pursuant to the provisions of the first sentence of paragraph 7(a) of such Contract shall be limited to defaults or failures to perform which are material in nature; and any notice of alleged default filed by a Player under paragraph 7(a) of the Uniform Player's Contract must be filed with the Club (with a copy to the LRD) Page 51 by the Association, in writing, plainly labeled as a default notice. Should such a material breach on the part of a Club be alleged, the Club, the Player involved, the LRD and the Association will cooperate in scheduling the handling of any Grievance brought with respect to such alleged breach so that such Grievance may be submitted to arbi- tration on an expedited basis. J. International Play (1) Definition International play is defined as any game or series of games played by a Club or Clubs (or a group or groups of Players, such as All-Star squads) (a) outside the United States and Canada; or (b) within or without the United States or Canada against a foreign club or clubs. Championship season, All-Star, Division Series, League Champi- onship Series and World Series games played in the United States and/or Canada shall not be considered international play. (2) Possible Expansion Notwithstanding the foregoing definition of international play, if a Major League franchise is awarded to a city outside the United States and Canada, then championship season, All-Star, Division Series, League Championship Series and World Series games played in that city by such franchise shall not be considered inter- national play. (3) Prior Agreement Required The Clubs agree that there will be no international play conduct- ed anywhere in the world at any time without the prior consent of the Association, except for exhibition games during spring training and the championship season against any non-Major League club if such games are played in the United States, Canada or Puerto Rico and are not part of a national or international tour by a foreign club. Page 52 (4) All International Activities Subject to Joint Cooperation The Association and the Clubs shall cooperate with each other regarding all international activities, including but not limited to, international play, international events for which Player participa- tion is sought by or on behalf of a Club or Clubs (such as clinics or skill competitions), international competition among nations, such as the Olympic Games, and the exploitation of international rights, such as media and sponsorship contracts. In this regard, the Associ- ation and the Clubs shall keep each other informed of contemplated or planned international activities. Further, the Association and the Clubs agree to honor reasonable requests of each other to be present when international activities are discussed with third parties. More- over, the Association and the Clubs agree that in discussions with third parties regarding international play or international events for which Player participation is sought by or on behalf of a Club or Clubs, third parties will be advised that the Clubs cannot enter into agreements that bind the Players or the Association, and that the Association cannot enter into agreements that bind the Clubs. (5) International Play Committee In furtherance of joint efforts to develop the sport internationally, the Association and the LRD, on behalf of the Clubs, will designate representatives to constitute an International Play Committee with- in 30 days from the date of execution of this Agreement. The Exec- utive Director of the Association and the Executive Vice President of Labor and Human Resources of the Office of the Commissioner shall serve as Co-Chairs of the Committee. The Committee shall be kept informed by the Parties regarding all contemplated or planned international activities. The Committee shall meet at least once every calendar quarter (and more frequent- ly, if circumstances warrant) to discuss efforts in furtherance of the international development of the sport. At each such meeting, the Association and the Clubs shall report to each other about their respective efforts regarding international activities. Further, no later than September 1 of each calendar year, the Committee shall discuss and decide upon a plan of international activities, if any, that will be jointly executed by Players and Clubs during the following year. In this regard, each of the Co-Chairs of the Committee shall designate Page 53 a Co-Operating Officer who shall be responsible for carrying out the decisions of the Committee. (6) International Play and Events The terms and conditions of the participation of Players in any game or games considered to be international play pursuant to para- graphs (1) and (3) above, or in any other international event (such as a clinic or skills competition) for which Player participation is sought by or on behalf of a Club or Clubs, shall be negotiated by the Association and the Office of the Commissioner in advance; pro- vided that the Office of the Commissioner and the Association shall negotiate separate dates and rules to govern those Clubs and Players participating in an International Opener (see Articles V(A) and VI(C)) with the goal being to replicate as closely as possible the rights and obligations that otherwise would have existed. For each such project, all direct expenses, including, but not limited to, Play- er and/or Club compensation, travel costs, fees and/or prizes, shall be funded, to the extent practicable, by revenues or rights fees from third parties. The Association and the LRD shall negotiate and agree upon the budget for direct expenses on a project-by-project basis. For each such project, the Association and the LRD, on behalf of the Clubs, shall each be entitled to direct the distribution of one-half of any of the remaining revenues or rights fees from third parties after payment of direct expenses. This paragraph (6) does not address any licensing issues. K. Interest Rate A uniform annual interest rate, equal to the total of the prime interest rate in effect at The J.P. Morgan Chase Bank on the immediately pre- ceding November 1, plus one percent, rounded to the nearest full per- centage point, shall be applied with respect to the following matters: (1) the calculation of the ``discounted present value'' referred to in Article VI(A)(4) above, unless the Club and Player mutually agree otherwise; (2) the calculation of the ``present value'' referred to in Article IX(F)(1)(b) above; Page 54 (3) the calculation of the interest referred to in Article XII(A)(3) above; (4) the calculation of the ``present value'' referred to in Article XVI below. L. Players Association Tickets The Association shall have the right to purchase 12 tickets for the All- Star Game, the Division Series, the League Championship Series and the World Series which tickets shall not be used for commercial pur- poses. Such tickets will be for seats located between first base and home plate or home plate and third base on field level or the first level above field level, except the Clubs will not require the holders of full regular season ticket plans to be relocated. M. Family and Medical Leave Act The Clubs will comply with the requirements of the Family and Med- ical Leave Act (29 U.S.C. 2601 et seq.). ARTICLE XVI---Deferred Compensation There shall be no limitations on either the amount of deferred com- pensation or the percentage of total compensation attributable to deferred compensation for which a Uniform Player's Contract may provide. Deferred compensation obligations incurred in a Contract executed after December 31, 1985 but before September 30, 2002 must be fully funded, in an amount equal to the present value of the total deferred compensation obligation, on or before the third January 1 following the championship season in which the deferred compensation is earned. Deferred compensation obligations incurred in a Contract executed on or after September 30, 2002 must be fully funded, in an amount equal to the present value of the total deferred compensation obligation, on or before the second July 1 following the championship season in which the deferred compensation is earned. Notwithstanding the above funding requirement, each Club shall be entitled to a deductible amount of deferred compensation which need Page 55 not be funded. Such amount, for the term of this Agreement, shall be $2,000,000 of the present value of the aggregate deferred compensa- tion obligations owed by a Club pursuant to Uniform Player's Con- tracts executed after September 30, 2002. Unless the Uniform Player's Contract provides otherwise, a Club may fund deferred compensation obligations in such manner as it elects; provided that in all events the funding method used by the Club must be such that the amount(s) funded are exclusively for the uses and purposes of satisfying the deferred compensation obligation(s) being funded; provided further that such amount(s) funded are subject to the claims of the Club's gen- eral creditors; and provided further that each Club shall certify to the Office of the Commissioner by July 31 of each year (and the Office of the Commissioner shall provide such certifications to the Association by September 1 of such year) the manner in which its deferred com- pensation obligations that were required to be funded by July 1 of that year have been funded. In addition, by each July 31, each Club shall provide to the Office of the Commissioner all records relating to its deferred compensation funding arrangements, and the Office of the Commissioner shall supply any such records to the Association upon request. ARTICLE XVII---Existing Agreements The Parties recognize that there are existing agreements between a Major League Club or Clubs and the Players or the Association, and between either of the Major Leagues separately and the Players or the Association. The Parties reaffirm such agreements and incorporate them as part of this Agreement insofar as they are not inconsistent with this Agreement. Such agreements shall be considered agreements between the Association and the Clubs or any of them for the purpose of the Grievance Procedure provided for in Article XI hereof. The following three agreements between the Clubs and the Association shall not be incorporated as part of this Agreement and shall not be affected by the adoption of this Agreement: (a) The Major League Baseball Players Benefit Plan; (b) The Agreement Re Major League Baseball Players Benefit Plan; and (c) The Agreement regarding dues check-off. Page 56 ARTICLE XVIII---Rule Changes If during the term of this Agreement any Major League Rule, or other rule or regulation is proposed to be changed, the Clubs agree that they shall give the Association notice thereof, and shall negotiate the pro- posed change with the Association, provided that the obligation to negotiate with the Association provided by this Article XVIII shall apply only to (a) a change in a Player benefit under an existing rule or regulation and (b) the adoption of a rule or regulation which would change a Player benefit under an existing rule or regulation or impose an obligation upon the Players which had not previously existed. Except as specifically provided in this Article XVIII, the right of the Clubs to make any rule change whatsoever shall not be impaired or limited in any way, provided that the Clubs shall not make any change which is inconsistent with the provisions of any then existing agree- ment between the Clubs and the Association. Notwithstanding the foregoing paragraph, if during the term of this Agreement any playing or scoring rule is proposed to be changed, the Clubs agree that they shall give the Association notice thereof, and shall negotiate the proposed change with the Association, provided that the obligation to negotiate with the Association shall apply only to changes which significantly affect terms and conditions of employ- ment. Such proposals to change playing or scoring rules shall normal- ly be made only during the off-season. If the Clubs and the Association fail to reach agreement on a proposed change which is subject to nego- tiation, the proposed change shall not be put into effect until the com- pletion of the next complete succeeding season (including the Division Series, League Championship Series and World Series) following the date the change was proposed. ARTICLE XIX---Assignment of Player Contracts A. Consent to Assignment (1) The contract of a Player with ten or more years of Major League service, the last five of which have been with one Club, shall not be assignable to another Major League Club without the Play- er's written consent. No consent from a Player shall be considered effective until twenty-four hours from the Club's request to the Page 57 Player for such consent. At his sole election, however, a Player may, at the time he signs a multi-year contract with a Club, waive the right to prevent an assignment of his contract under this Section A(1), provided that the multi-year contract (a) is signed before the Player has attained ten or more years of Major League service, the last five of which have been with one Club, and (b) contains a no- trade provision that, at a minimum, limits the Club's right to assign the Player's contract, during each of its years, to no more than six- teen (16) Clubs designated or subsequently to be designated by the Player. (2) (a) The contract of a Player with five or more years of Major League service, not including service while on the Military List (or seven or more years of Major League service, including service while on the Military List), shall not be assigned other- wise than to another Major League Club, without the Player's written consent. (b) Not earlier than 4 days prior to the contemplated date of an assignment requiring the Player's consent under subparagraph (a) above, or 8 days, if the Player has no options remaining or if the assignment is during the period from the close of the cham- pionship season to the opening of spring training, the Club shall give written notice to the Player, with a copy to the Association, which shall advise the Player that he may (i) consent to the assignment, (ii) refuse the assignment or (iii) elect to become a free agent. Additionally, the notice shall advise that in the event that the Player consents to the assignment, he may elect free agency between the end of the then current Major League season and the next following October 15, unless he is returned to a Major League roster prior to making such election. The Player shall also be informed in the notice that, within the 3 days after the date of the notice, or 8 days, if during the period from the close of the championship season to the opening of spring training, he must advise the Club in writing as to his deci- sion to consent to the assignment or to elect to become a free agent. A failure on the part of the Player to respond to the notice shall constitute a refusal of the assignment. No response from the Page 58 Player shall be considered effective until twenty-four hours from his receipt of the Club's notice. (c) A Player who elects to become a free agent under this paragraph (2) shall immediately be eligible to negotiate and con- tract with any Club without any restrictions or qualifications. Such Player shall not be entitled to receive termination pay. Such a free agent shall receive transportation and travel expenses in the same manner as he would if he had been unconditionally released except that he shall be limited to receiving travel expenses to his new club if he reports to it directly, provided such expenses are less than to his home city. (3) Any Player who has a right to refuse the assignment of his contract under paragraph 2(a) above may grant consent to an assign- ment of his contract in advance of any specific contemplated assign- ment if such consent (a) is granted not more than ten (10) days prior to the start of the championship season for which the consent is given, (b) is in writing, (c) designates the assignee Club and (d) requires that the assignment take place within 45 days from the start of the championship season or the date on which the consent is granted, whichever is later. The Club shall provide a copy of the Player's consent to the Association contemporaneously upon the Club's receipt of such consent. No Club shall attempt to secure, by any Major League terms included in a Minor League Uniform Play- er Contract, an advance consent to an assignment to a Minor League Club, and any consent so secured shall have no force or effect. B. Assignment to Minor League club When a Player's contract is assigned from a Major League Club to a Minor League club, the rights and benefits of such Player that do, and do not, follow him to the Minor Leagues shall be in accordance with past practices. Additionally, such a Player shall retain the right, if any, to become a free agent, or to require the assignment of his contract, which he possessed under his then current Major League contract as provided in Article XX hereof, which right shall not be diminished or interfered with as a result of such assignment or the signing by the Player of a Minor League contract, provided that such right shall ter- minate if and when such Player signs a Minor League contract follow- ing the time when his free agency rights arise under Article XX. Page 59 C. Disabled List-Assignment to Minor League club (1) There shall be no assignment of a Player by a Major League Club to a Minor League club while such Player is on a Major League Disabled List; provided, however, that with the Player's written consent, a copy of which shall be forwarded to the Associa- tion, and with the approval of the Commissioner, a Player on the Disabled List may be assigned to a Minor League club for up to a maximum of twenty days (thirty days for pitchers) for each injury, or reoccurrence of an injury, for the purpose of rehabilitation, sub- ject to the limits contained in Article XIII(H). Separate consent shall be required for a rehabilitation assignment for a new injury or a reoccurrence of an injury. No consent shall be effective for longer than twenty days (thirty days for pitchers). Players may not be reinstated from the Disabled List for purpos- es of assignment to a Minor League club until they are ready to play. Players who are injured and not able to play may not be assigned to a Minor League club in lieu of placement on the Disabled List. (2) Notwithstanding Section C(1) above, a Player who is injured and not able to play may be assigned to a Minor League club: (a) During the period immediately following the close of the championship season and before the filing of Major League Reserve Lists under Major League Rule 2(a), if: (i) the Player's Major League Uniform Player's Contract does not cover the next succeeding season; and (ii) the Player, if he otherwise would have been eligible for salary arbitration as a ``Super Two'' Player (see Article VI(F)(1)), may elect free agency under the procedures con- tained in Article XX(D) in lieu of accepting the assignment; provided, however, that a Player who accepts the assignment shall not have a right, by virtue of such acceptance, to elect free agency between the end of the then next succeeding championship season and the next following October 15; and (iii) the Major League Club offers the player a Minor League salary for the following season which does not consti- tute a reduction in excess of 20% of the player's previous Page 60 -- 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