2003 - 2006 MLB CBA -- Page 61 ~ 80

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year's salary or in excess of 30% of his salary two years pre- vious. (See Article VI(D)(1).) A player who would become a Minor League free agent as a result of the assignment shall have a period of three business days following the date of the assignment in which to accept the Club's offer before he becomes a Minor League free agent. (See Major League Rule 55.) If the player does not accept the offer within this period, he shall automatically become a Minor League free agent and the Club's offer shall automatically be deemed withdrawn. (b) During the period immediately following the close of the championship season and before the 15 th day prior to the start of the next championship season, if: (i) the Player has less than three years of Major League service; (ii) the contemplated assignment would not be the Player's second (or subsequent) career outright assignment since March 19, 1990; (iii) the Player had no Major League service the prior championship season; and (iv) the Player was not selected by the assignor Major League Club in the immediately preceding Rule 5 Draft. (3) Any service with a Minor League club while on rehabilita- tion assignment shall be deemed to be Major League service as defined in Article XXI. A Player so assigned shall continue to receive his Major League salary and the other rights and benefits of such Player shall be in accordance with past practices relating to assignments to Minor League clubs; provided, however, that all such players shall be treated as if they were Major League Players on the road for purposes of hotel accommodations and the daily meal and tip allowance. Such assignment shall not be counted as an optional assignment under Major League Rule 11 or for any other purpose, and waivers shall not be required. Page 61 D. Foreign Assignments Except for the return of conditional assignments from outside the Unit- ed States and Canada, the contract of a Player shall not be assigned otherwise than within the United States and Canada, without the Play- er's written consent. E. Optional Assignments If a Player is optionally assigned for a total of less than 20 days in one championship season, such optional assignment(s) shall not count as an optional assignment in connection with the limitation upon option- al assignments provided for in Major League Rule 11(c). (See Article XXI(B).) For purposes of counting days on option, the date of the optional assignment shall be counted and the date of recall shall not be count- ed, provided that the date of recall shall be counted if the recall takes place after the start of any Minor League game in which the Player was eligible to play. F. Waivers Any assignment of a Player contract must conform to the rules regard- ing waivers contained in Major League Rule 10. In addition, each Friday, not later than 3 P.M. E.D.T., the Office of the Commissioner shall notify the Association, by facsimile transmission, of all waiver requests and their disposition. Notification shall include: (1) the date on which the waiver request was made; (2) the date of expiration of the waiver period; (3) if the waiver period has expired, whether or not claims were filed; (4) if claims are not filed, the period for which waivers have been granted; and (5) if claims were filed, whether or not the Club requesting waivers has withdrawn its request. In the event claims were filed and the Club requesting waivers has withdrawn its request, the Office of the Commissioner need not identify the claiming Club or Clubs. Page 62 G. Designated Player A Player who is in the status of a ``designated player'' under Major League Rule 2(k) shall, during the period he is in such status, be (1) paid at the rate of his Major League salary and (2) credited with Major League service. A Club that desires to unconditionally release a Player who is in the status of a ``designated player'' under Major League Rule 2(k) shall request the necessary waivers by 2 P.M. on the eighth day following such designation; provided, however, that if the eighth day falls on a non-business day, the Club shall request such waivers not later than 2 P.M. on the next business day. H. Unconditional Release Notwithstanding the provisions of Major League Rule 8 and paragraph 7(d) of the Uniform Player's Contract, the following procedure may be used to give notice to a Player in connection with his unconditional release. At the same time the Club advises a Player in writing that the Club has requested waivers for the purpose of unconditional release, and the date on which the waiver request will expire, the Player shall advise the Club in writing of the address and telephone number to which the Club should telephone or telegraph notice of termination to the Player upon the expiration of the waiver period. If the Player fails to supply a tele- phone number or address, the Club may use the most recent address or telephone number the Player has supplied the Club. Upon the expiration of the waiver period, the Club shall either give notice to the Player by telephone or by sending a telegraph notice of termination to the Player. In addition, the Player may make a collect telephone call to the Club to determine whether his contract has been claimed. I. Forms In any case in which a Player's consent must be secured prior to the assignment of his contract (see Article XIX(A)(1), Article XIX(A)(2)(a), Page 63 Article XIX(A)(3) and Article XIX(C)(1)) or in which a Player may elect free agency in lieu of accepting the outright assignment of his contract (see Article XX(D)(1) and (2)), the form given to the Player must include the Player's name in typewritten form. ARTICLE XX---Reserve System A. Reservation Rights Of Clubs Subject to the rights of Players as set forth in this Agreement, each Club may have title to and reserve up to 40 Player contracts. A Club shall retain title to a contract and reservation rights until one of the fol- lowing occurs: (1) The Player becomes a free agent, as set forth in this Agree- ment; (2) The Player becomes a free agent as a result of (a) termination of the contract by the Club pursuant to para- graph 7(b) thereof, (b) termination of the contract by the Player pursuant to para- graph 7(a) thereof, (c) failure by the Office of the Commissioner to convey to the Player, by Central Tender Letter submitted to the Associa- tion, the Club's tender of a new contract within the time period specified in paragraph 10(a) of the contract (see Attachment 9), or (d) failure by the Club to exercise its right to renew the con- tract within the time period specified in paragraph 10(a) thereof; or (3) The contract is assigned outright by the Club. On or before December 20 (or if a Sunday, then on or before Decem- ber 18) the Office of the Commissioner shall satisfy the Clubs' tender obligations pursuant to paragraph 10(a) of the Uniform Player's Con- tract by submitting to the Association a letter listing, by Club, the Play- ers to whom each Club is tendering a contract for the term of the next year (``Central Tender Letter''). The Central Tender Letter shall, con- sistent with Article VI(B) and Article VI(D), include for each Player so Page 64 tendered the salary or salaries, performance bonuses and/or other terms, if any, offered by the Club. The Central Tender Letter also shall separately list, also by Club, those players who have not been tendered a contract for the term of the next year. With the exception of an untimely tender or renewal, any inadvertent error in the tendering or renewal of a contract shall result in free agency under paragraph (2)(c) or (2)(d) above, whichever is applica- ble, only if the Player has first given the Club written notice that the tendered or renewed Contract does not conform to the requirements of Article VI of this Agreement and the Club has not retendered or reex- ercised a renewal in conformance with all applicable rules within seven (7) days after receipt by the Club of written notice of such defect. In the event of an untimely tender or renewal, the Player shall immedi- ately become a free agent under paragraph (2)(c) or (2)(d) above, whichever is applicable, and the Club shall have no right to cure such a tender or renewal. (But see Article VI(A)(7).) A Club may also reserve, under separate headings on a Reserve List, Players who properly have been placed on the Voluntarily Retired List, the Military List, the Suspended List, the Restricted List, the Disqual- ified List or the Ineligible List. (See Attachments 10, 11 and 12.) B. Free Agency (1) Eligibility Following the completion of the term of his Uniform Player's Contract, any Player with 6 or more years of Major League service who has not executed a contract for the next succeeding season shall be eligible to become a free agent, subject to and in accordance with the provisions of this Section B. (2) Procedure The procedure set forth in this paragraph (2) shall apply to Play- ers eligible to become free agents pursuant to paragraph (1) above. Players who otherwise become free agents under this Agreement shall be eligible to negotiate and contract with any Club without any restrictions or qualifications and the Clubs signing such free Page 65 agents shall do so without regard to the quota provision of this Section B. (a) A Player eligible to become a free agent under paragraph (1) above may give notice of his election of free agency within the 15 day period beginning on October 15 (or the day following the last game of the World Series, whichever is later). Election of free agency shall be communicated by telephone or any other method of communication by the Player to the Association. Writ- ten notice of such election shall then be given within the speci- fied time limits by the Association, on behalf of the Player, to a designated representative of the LRD and, effective upon receipt, the Player shall become a free agent. (b) During the period beginning on the day the Player becomes a free agent and ending on the expiration of the free agency election period as defined above in subparagraph (a), any Club representative and any free agent or his representative may talk with each other and discuss the merits of the free agent con- tracting, when eligible therefor, with the Club, provided, how- ever, that the Club and the free agent shall not negotiate terms or contract with each other. The following subjects are among those which may properly be discussed between any Club and such Player: (i) the Player's interest in playing for the Club, and the Club's interest in having the Player play for it; (ii) the Club's plans about how it intends to utilize the Play- er's services (as a starting pitcher or reliever, as a designated hitter or not, platooning, etc.); (iii) the advantages and disadvantages of playing for the Club including the nature of the organization, the climate of the city, availability of suitable housing, etc.; (iv) length of contract; (v) guarantee provisions; (vi) no-trade or limited no-trade provisions. Page 66 Notwithstanding the foregoing, the free agent and his former Club may engage in negotiations and enter into a contract during said period. Should they enter into a contract during said period, the Club shall be deemed not to have signed a free agent for pur- poses of paragraph (5) of this Section B. (c) Players who become free agents pursuant to this Section B shall, upon compliance with the notice provisions of the above subparagraph (a) and the expiration of the free agency election period, be eligible to negotiate and contract with any Club, sub- ject to the provisions of this Section B. (3) Rights of Former Club to Sign Free Agent The following provision shall apply only to those Players who become free agents under this Section B. The former Club of a free agent, no later than by the December 7 following the free agency election period, may offer to proceed with the Player to salary arbitration under Article VI of this Agreement, for the next following season. The Club's offer shall be communi- cated to the LRD, which shall notify the Association in writing. Said offer shall be effective upon receipt by the Association and the Club will not be permitted to retract the offer. If the former Club of the free agent does not so offer, it shall not be entitled and shall lose all rights to negotiate with, and sign, the free agent, until the succeed- ing May 1. On or before December 19, the Player may accept the Club's offer to arbitrate. The Player's acceptance shall be communicated to the Association, which shall notify the LRD. The Player's failure to accept the Club's offer on or before December 19 shall be deemed to constitute rejection of the offer. If the Player accepts the offer to arbitrate, he shall be a signed player for the next season and the parties will conduct a salary arbi- tration proceeding under Article VI, provided, however, that the rules concerning maximum salary reduction set forth in Article VI shall be inapplicable and the parties shall be required to exchange figures on the last day established for the exchange of salary arbi- tration figures under Article VI. The Club shall be deemed not to have signed a free agent for purposes of paragraph (5) of this Sec- Page 67 tion B when a Player accepts salary arbitration pursuant to this para- graph (3). If the Player does not accept the former Club's offer to proceed to salary arbitration as provided above, the former Club, after the succeeding January 8, shall not be entitled and shall lose all rights to negotiate with or sign the Player, until the succeeding May 1. (4) Compensation (a) The former Club of a Player who: (i) became a free agent under this Section B; and (ii) ranks as a Type A, B or C Player as defined below, shall be entitled to receive compensation subject to the provisions of subparagraph (c) below. Such compensation shall consist solely of the amateur draft choices described in subpara- graph (c) below and shall be awarded in the Major League Rule 4 Draft succeeding the Player's election of free agency. (b) A Type A, B or C Player shall be a Player who became a free agent under this Section and who ranks as a Type A, B or C Player under the statistical system of ranking Players set forth in the docu- ment entitled ``A Statistical System for the Ranking of Players,'' using statistics based on a two-year average for each respective posi- tion group. Type A Players: A Type A Player shall be a Player who ranks in the upper thirty percent (30%) of his respective position group. Type B Players: A Type B Player shall be a Player who ranks in the upper fifty percent (50%) but not in the upper thirty percent (30%) of his respective position group. Type C Players: A Type C Player shall be a Player who ranks in the upper sixty percent (60%) but not in the upper fifty percent (50%) of his respective position group. (c) A Type A, B or C Player shall be subject to compensation only if (i) he is offered salary arbitration by his former Club on or before December 7 pursuant to Section B(3) of this Article XX and signs a contract with another Club; or (ii) he signs a contract with another Club prior to December 7. Further, a Type C Player shall not be subject to compensation if he (iii) has not signed a Uniform Play- er's Contract or reached agreement on terms as of the March 1 suc- Page 68 ceeding his election of free agency; or (iv) has previously elected free agency under this Section B (or under Article XVII(B)(2) of the 1976 Basic Agreement, or under Article XVIII(B)(2) of the 1980 Basic Agreement as amended, or under Article XX(B)(2) of the 1990 Basic Agreement or under Article XX(B)(2) of the 1997 Basic Agreement); or (v) has 12 or more years of credited Major League service. For such Type A Players, compensation to the Player's former Club shall be an amateur draft choice (``Regular Draft Choice'') of the signing Club and an added amateur draft choice (``Special Draft Choice'') in the Major League Rule 4 Draft. For such Type B Play- ers, compensation to the Player's former Club shall be a Regular Draft Choice of the signing Club in the Major League Rule 4 Draft. For such Type C Players, compensation to the Player's former Club shall be a Special Draft Choice in the Major League Rule 4 Draft. (d) The Regular Draft Choice of the signing Club described in subparagraph (c) above shall be assigned as follows. If the signing Club is among the first half of selecting Clubs, then the choice to be assigned for the highest ranking free agent Player signed by such Club shall be its second choice, with choices in the next following rounds to be assigned as compensation for the signing of the other Players in descending order of ranking. If the signing Club is among the second half of selecting Clubs, then such compensation shall begin with the Club's first choice. The Special Draft Choices described in subparagraph (c) above to be awarded to the former Club shall be made as follows. If the Club has lost a Type A Player, it shall be awarded an additional draft choice to be made immediately following the first complete round of the draft and preceding the commencement of the second round. Clubs which have lost Type A Players shall make their choices in the reverse order of their won-lost percentage in the preceding season. Ties shall be broken by lot. If the Club has lost a Type C Player, it shall be awarded a draft choice to be made immediately following the second complete round of the draft and preceding the com- mencement of the third round. Clubs which have lost Type C Play- ers shall make their choices in the reverse order of their won-lost percentage in the preceding season. Ties shall be broken by lot. Page 69 (5) Quota (a) Clubs shall be limited in the number of Type A and B Play- ers, as defined below, they may subsequently sign to contracts. The number of signings permitted shall be related to the number of Play- ers electing free agency under this Section B. If there are 14 or less such Players, no Club may sign more than one Type A or B Player. If there are from 15 to 38 such Players, no Club may sign more than two Type A or B Players. If there are from 39 to 62 such Players, no Club may sign more than three Type A or B Players. If there are more than 62 such Players, the Club quotas shall be increased accordingly. There shall be no restrictions on the number of unranked Players which a Club may sign to contracts. (b) Irrespective of the provisions of subparagraph (a) above, a Club shall be eligible to sign at least as many Type A and B Players as it may have lost through Players having become free agents under this Section at the close of the season just concluded. (6) Miscellaneous (a) Any Club signing a contract after the expiration of the elec- tion period with a Player under this Section B may not assign his contract until after the next June 15. However, notwithstanding the foregoing, such contract may be assigned for other Player contracts and/or cash consideration of $50,000 or less prior to the next June 16 if the Player gives written consent to such transaction. (b) There shall be no restriction or interference with the right of a free agent to negotiate or contract with any baseball club outside the structure of organized baseball, nor shall there be any compen- sation paid for the loss of a free agent except as provided for in this Section B. C. Right to Require Assignment of Contract (1) Eligibility Any Player who has 5 or more years of Major League service at the time of the assignment of his contract and whose contract cov- ers the next succeeding season, may elect, at the conclusion of the season following the assignment, to require that his contract be Page 70 assigned to another Club. If the Player, however, subsequently signs a contract with the assignee Club, the Player shall not be eligible to require that Club to assign his contract if the contract executed with the assignee Club covers the next succeeding season. A Player who requires the assignment of his contract pursuant to this Section C shall not be entitled to receive a Moving Allowance. (2) Procedure (a) Notice. A Player may exercise his right to require the assignment of his contract by giving notice as hereinafter provid- ed within the 15 day period beginning on October 15 (or the day following the last game of the World Series, whichever is later). Election to require the assignment of his contract shall be com- municated by telephone or any other method of communication by the Player to the Association. Written notice thereof shall then be given within the specified time limits by the Association, on behalf of the Player, to a designated representative of the LRD, and shall become effective upon receipt. (b) Player Veto Rights. At the time notice is given as provid- ed in subparagraph (a) above, the Player may also designate not more than 6 Clubs which he will not accept as assignee of his contract, and the Player's Club shall be bound to assign his con- tract thereafter to a Club not on such list. (c) Free Agency if Assignment Not Made. If the Player's Club fails to assign his contract, as set forth in this Section C, on or before March 15, the Player shall become a free agent imme- diately eligible to negotiate a contract with any Club without any restrictions or qualifications. The Player shall not be deemed to have exercised his right to demand a trade, for purposes of para- graph (5) below, and the Club signing such a free agent shall do so without regard to the compensation and quota provisions of Section B. A Player who becomes a free agent pursuant to this subparagraph 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 have if he had been uncondi- tionally released except 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. Page 71 (3) Retraction by Player A Player who has elected to exercise his right to require an assignment of his contract may retract such election on or before March 15, by providing, by hand or by facsimile transmission, writ- ten notice to his Club, provided that such written notice must be pro- vided prior to the time written notice is provided, by hand or by facsimile transmission, to him (or to his certified agent and to the Association in the event facsimile transmission is used) by his Club notifying him that his contract has been assigned. If such a Player has 10 or more years of Major League service, the last 5 of which have been with one Club, he shall, upon such retraction, be deemed to relinquish his right to approve any assignment of his contract to another Major League Club which is completed within 60 days after such retraction or until March 15, whichever is later. A Player who retracts his election shall be deemed not to have exercised his right to require an assignment for purposes of paragraph (5) below. (4) Waiver by Player At his sole election, a Player may, at the time he signs a multi- year contract with a Club, waive the right to require the assignment of his contract under this Section C, provided that the Player's con- tract with the signing Club contains a no-trade provision which lim- its the signing Club's right to assign the Player's contract to no more than sixteen (16) Clubs designated or subsequently to be designated by the Player. (5) Repeater Rights Any Player whose contract is assigned as a result of a trade required pursuant to this Section C, until he has completed an addi- tional 3 years of Major League service, shall not subsequently be eligible to exercise his right to (i) require the assignment of his con- tract or (ii) become a free agent, subject to subparagraphs (a) through (c) below. (a) Any Club that retains reservation rights to a Player for a succeeding championship season by virtue of the provisions of this paragraph (5) shall notify such Player, at any time within the first five (5) days of the free agency election period described in Page 72 Section B(2) of this Article XX, whether the Club offers to pro- ceed with the Player to salary arbitration for the succeeding sea- son. The Club's offer shall be communicated to the LRD, which shall notify the Association in writing. Said offer shall be effec- tive upon receipt by the Association and the Club will not be per- mitted to retract the offer. (b) In the event the Club notifies the Player of such a salary arbitration offer, the Club shall be required to tender a contract to the Player for the succeeding season and the Player may elect salary arbitration in the same manner and at the same time as other Players, as provided in Article VI(F). If a Player who is offered salary arbitration is released pursuant to paragraph 7(b)(2) of the Uniform Player's Contract prior to the date he is actually tendered a Contract, he shall receive termination pay in accordance with the provisions of Article IX(A), computed at a rate not less than his previous year's salary. (c) In the event the Club fails to notify the Player in writing of a salary arbitration offer within the first five (5) days of the free agency election period described in Section B(2) of this Article XX, the Player thereafter may elect free agency pursuant to Sec- tion B of this Article XX without any restrictions or qualifica- tions. The Club signing the Player shall do so without regard to the compensation and quota provisions of Section B of this Article XX. D. Outright Assignment to Minor League club (1) Election of Free Agency-3-Year Player Any Player who has at least 3 years of Major League service and whose contract is assigned outright to a Minor League club may elect, in lieu of accepting such assignment, to become a free agent. In the event that such Player does not elect free agency in lieu of accepting such assignment, he may elect free agency between the end of the then current Major League season and the next following October 15, unless such Player is returned to a Major League roster prior to making such election. Page 73 (2) Election of Free Agency-Second Outright Assignment Any Player whose contract is assigned outright to a Minor League club for the second time or any subsequent time in his career may elect, in lieu of accepting such assignment, to become a free agent. In the event that such Player does not elect free agency in lieu of accepting such assignment, he may elect free agency between the end of the then current Major League season and the next following October 15, unless such Player is returned to a Major League roster prior to making such election. (3) Effect of Free Agency Election A Player who becomes a free agent under this Section D shall immediately be eligible to negotiate and contract 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 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. (4) Procedure Not earlier than 4 days prior to the contemplated date of an out- right assignment, 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 either (a) accept the assignment or (b) elect to become a free agent, and that in the event he accepts 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 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 decision whether to accept the assignment. No such decision from a Player shall be considered effective until twenty-four hours from his receipt of the Club's notice. Page 74 If the Club fails to give written notice, as set forth herein, to the Player prior to the date of such assignment, the Player may, at any time, elect to become a free agent pursuant to this Section D, pro- vided, however, that if the Club subsequently gives such written notice to the Player, he shall, within 3 days thereafter, or 10 days, if during the period from the close of the championship season to the opening of spring training, advise the Club in writing as to his deci- sion. No such decision from a Player shall be considered effective until twenty-four hours from his receipt of the Club's notice. E. Individual Nature of Rights (1) The utilization or non-utilization of rights under Article XIX(A)(2) and Article XX is an individual matter to be determined solely by each Player and each Club for his or its own benefit. Play- ers shall not act in concert with other Players and Clubs shall not act in concert with other Clubs. (2) Upon any finding of a violation of Section E(1) of this Arti- cle XX by two or more Clubs, any injured Player (or Players) shall be entitled to recover in monetary damages three (3) times the lost baseball income, he (or they) would have had but for the violation. Such lost baseball income shall be limited to lost salary and other lost contractual terms, including lost additional contract years, lost signing bonuses, lost trade restriction provisions, lost option buy- out provisions, and lost incentive bonuses (e.g., performance, awards, attendance and weight bonuses). Damages (and fees and interest) may be recovered only from the Clubs found to have vio- lated Section E(1) of this Article XX. (3) Notwithstanding any other provision of this Basic Agree- ment, the Arbitration Panel shall further order payment by the Clubs found to have violated Section E(1) of this Article XX of all rea- sonable attorneys' fees and expenses, expert witness fees and expenses and prejudgment interest on the single damage calculation of the lost baseball income pursuant to paragraph (2). (4) Any injured Player (or Players or the Association) shall not be entitled to recover any monetary damages pursuant to this Arti- cle XX(E) other than those enumerated in paragraphs (2) and (3). Page 75 However, nothing in paragraphs (2) and (3) is intended to reflect any agreement between the parties on mitigation issues. (5) In addition, upon any finding by the Arbitration Panel of a violation by five (5) Clubs or more of Section E(1) of this Article XX, the Association shall have the right to reopen this Agreement upon sixty (60) days written notice to the LRD. (6) Upon any finding by the Arbitration Panel of a violation of Section E(1) of this Article XX by two (2) or more Clubs, any injured free agent Player will have the right to terminate his existing contract (or reserve status) at his option immediately following the issuance of the finding by the Arbitration Panel. However, no such termination shall take effect during the period beginning on Febru- ary 15 and ending with the conclusion of the World Series. If the finding of the Arbitration Panel is issued at any time on or after Jan- uary 15, but before February 15, the Player shall have the right to terminate his existing contract (or reserve status) at his option either (a) immediately; or (b) within the fifteen (15) day period following the conclusion of the next succeeding World Series. At the time any contract (or reserve status) is terminated pursuant to this paragraph (6), such free agent Player shall immediately have the right to nego- tiate with and enter into a contract with any Club, without any restrictions or qualifications. If the contract (or reserve status) is ter- minated, the free agent Player may choose to reinstate his contract (or reserve status) at any time up until the March 15 succeeding such termination. (7) If a Player does not exercise his right pursuant to paragraph (6) to reinstate his contract (or reserve status), all obligations of the Player and of the Club under said contract (or reserve status) shall cease as of the end of the period in which the Player has the right to reinstate his contract (or reserve status), except the obligation of the Club to pay the Player's compensation to that date. If at the end of the period the Player has not signed a new contract and has not exer- cised his right to reinstate his existing contract (or reserve status), at that point, the Player shall be considered an unrestricted free agent. (8) Utilization or non-utilization of the procedures set forth in paragraph (6) above shall be without prejudice to any injured free agent Player. However, the experience of each Player who utilizes Page 76 such procedures shall be considered by the Arbitration Panel in determining such further relief, if any, to which he may be entitled. (9) It is understood that in the event of a violation of Section E(1) of this Article XX, the Arbitration Panel shall have the author- ity to order such other and further non-monetary (e.g., injunctive) relief as may be necessary to give full force and effect to the pur- poses of and to the rights and benefits afforded to Players under this Article XX. ARTICLE XXI---Credited Major League Service A. Definition Those Player rights expressly set forth in the Basic Agreement for which a Player's eligibility is dependent upon credited Major League service will be determined as follows: (1) One full day of Major League service will be credited for each day of the championship season a Player is on a Major League Club's Active List. A total of 172 days of Major League credited service will constitute one full year of credited service. A Player may not be credited with more than one year of credited service, 172 days, in one championship season. Major League service will be computed commencing with the date of the first regularly scheduled championship season game, through and including the date of the last regularly scheduled championship season game. This rule shall apply uniformly to all Players and all Clubs notwithstanding differ- ences in a particular Club's schedule. (2) For purposes of calculating credited service, a Player will be considered to be on a Club's Active List if: (a) placed on a disciplinary suspension by a Club, the Vice President, On-Field Operations or the Commissioner, or on the Disabled List; (b) called to active military duty for up to two years or if called to emergency duty by the National Guard for a period of up to thirty days. Page 77 B. Optional Assignments If a Player is optionally assigned for a total of less than 20 days in one championship season, the Player shall be credited with Major League service during the period of such optional assignment(s). (See Article XIX(E).) For purposes of counting days on option, the date of the optional assignment shall be counted and the date of recall shall not be count- ed, provided that the date of recall shall be counted if the recall takes place after the start of any Minor League game in which the Player was eligible to play. ARTICLE XXII---Management Rights Nothing in this Agreement shall be construed to restrict the rights of the Clubs to manage and direct their operations in any manner what- soever except as specifically limited by the terms of this Agreement. ARTICLE XXIII---Competitive Balance Tax A. General Definitions The following definitions shall apply only to this Article XXIII, unless expressly adopted for use in another Article of this Agreement. (1) ``Contract Year'' shall mean the period from December 20 of one year through and including December 19 of the following year, or such other one-year period to which the Office of the Commis- sioner and the Association may agree. To the extent that a Contract Year is referenced by a number in connection with a particular cal- culation, the reference shall be to the calendar year of the champi- onship season that falls in that Contract Year. (2) ``Uniform Player's Contract'' shall mean a Major League Uniform Player's Contract. (See Schedule A.) (3) ``Split Contract'' shall mean a Uniform Player's Contract which sets out separate rates of pay for service with a Minor League club and service with a Major League Club. (4) ``Imputed Loan Interest Rate'' for each Contract Year shall mean the annual ``Federal mid-term rate'' as defined in Section Page 78 1274(d) of the Internal Revenue Code for the October preceding that Contract Year. (5) ``Performance Bonus'' shall mean a payment to a Player con- ditioned upon the Player having achieved certain specified levels of activity, provided that such bonuses must be consistent with Major League Rule 3(b). (6) ``Award Bonus'' shall mean a payment to a Player conditioned upon the Player having achieved a particular status in connection with a recognized or agreed-upon award or honor. (7) ``Base Salary'' shall mean the amount set out in paragraph 2 of a Uniform Player's Contract for a given championship season or any amount included in a Special Covenant in lieu of inclusion in paragraph 2. (8) ``Guaranteed Year'' shall mean any championship season included in a Uniform Player's Contract for which more than 50% of the Player's Base Salary is guaranteed by the Contract in the event of termination under paragraph 7(b)(2). (9) ``Tax Threshold'' shall be defined as provided in Section B below. (10) ``Actual Club Payroll'' shall be defined as provided in Sec- tion C below. Each Club's final Actual Club Payroll for a Contract Year in which the Competitive Balance Tax is applicable shall be calculated on the December 20 following that Contract Year and shall be the exclusive figure used for the purpose of determining whether a Club has exceeded the Tax Threshold. (11) ``Salary'' shall be defined as provided in Section E below and shall be attributable to Contract Years as provided in Sections C and E below. (12) ``Benefits'' or ``Player Benefit Costs'' shall be defined as provided in Section D below. Page 79 B. Determination of Competitive Balance Tax (1) Calculation of Tax Except as specifically provided in Section B(3) below, a Club with a final Actual Club Payroll that exceeds the Tax Threshold applicable in that Contract Year (``Tax Threshold'') shall be assessed a Competitive Balance Tax on the difference between its final Actu- al Club Payroll and the Tax Threshold. A Club with a final Actual Club Payroll at or below the Tax Threshold shall incur no Compet- itive Balance Tax for that Contract Year. (2) Tax Thresholds The Tax Threshold shall be $117 Million in the 2003 Contract Year, $120.5 Million in the 2004 Contract Year, $128 Million in the 2005 Contract Year and $136.5 million in the 2006 Contract Year. (3) Tax Rates The Competitive Balance Tax rate applicable to a Club shall depend on the number of Contract Years during this Agreement in which the Club's Actual Club Payroll was above the Tax Thresh- old. (a) The Competitive Balance Tax rate applicable in the 2003 Contract Year to a Club with an Actual Club Payroll above the Tax Threshold shall be 17.5%. (b) The Competitive Balance Tax rate applicable in the 2004 or 2005 Contract Year to a Club with an Actual Club Payroll above the Tax Threshold for the first time during the Agreement shall be 22.5%. A Club with an Actual Club Payroll above the Tax Threshold in the 2006 ContactYear, and for the first time dur- ing the Agreement, shall be assessed no tax. (c) The Competitive Balance Tax rate applicable to a Club with an Actual Club Payroll above the Tax Threshold for a sec- ond time during the Agreement shall be 30%. Notwithstanding the foregoing, a Club with an Actual Club Payroll above the Tax Threshold in the 2006 Contract Year for the second time but with an Actual Club Payroll in the 2005 Contract Year that was not above the Tax Threshold shall be assessed no tax. Page 80 -- 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