Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, March 6, 1994 TAG: 9403060131
SECTION: SPORTS PAGE: C1 EDITION: STATE
SOURCE: ALLAN H. (BUD) SELIG
DATELINE: LENGTH: Long
There is another myth that has been around baseball just as long as Ruth's: the myth of the all-powerful commissioner.
The truth is, the Major League Baseball commissioner by definition has never been all-supreme or omnipotent except where public confidence and integrity are concerned.
I know a lot of people, in and out of baseball, think otherwise. But the notion of an almighty commissioner directing the business of baseball is incorrect.
The source of this misunderstanding is the commissioner's "best interests" powers outlined in the Major League Agreement, the charter that established the rules governing the game 73 years ago. The public and some commissioners have broadly interpreted this as giving the commissioner complete authority over all matters related to Major League Baseball.
That interpretation is wrong. The original intent of the Major League Agreement was never that broad. The intent of the "best interests" clause was to protect the integrity of and insure public confidence in the game, not to countermand the MLA and league rules.
Those who have expressed concerns about the commissioner's no longer having the power to protect the public or protect baseball's integrity should note that the MLA section setting out the commissioner's powers never even mentioned the words "integrity" or "public confidence" until last month.
The baseball landscape has changed dramatically in the past 73 years and has become a complex part of the entertainment business.
In November 1920, there were just 16 major league baseball teams, none located west or south of St. Louis. There were no games broadcast on radio or television. There was nothing like cable television, satellite dishes or "superstations." All games were played in daylight on real grass; night games, Astroturf and the designated hitter were years away. Playing baseball in a foreign country was unthinkable.
A former pitcher named Ruth hit 54 home runs in 1920, his first season with the New York Yankees. Nine million fans (560,000 per club) came out to watch baseball. Ballplayers, bound to their clubs by the reserve clause, made well under $5,000 a year. A players' union was far from being realized.
In 1920, a dark cloud - the Black Sox scandal - also hovered over the game. Eight members of the Chicago White Sox, including Shoeless Joe Jackson, were accused of conspiring with gamblers to fix the 1919 World Series against Cincinnati.
Facing this scandal, owners turned to Judge Kenesaw Mountain Landis and named him baseball's first commissioner. His mandate was clear: Clean up the mess and fix the perception that the game was crooked. To accomplish this, he was given the "best interests" powers.
But there is no reason to believe those powers extended beyond the issues of integrity and public confidence in which the commissioner was and remains all powerful. Certainly, the complex business and labor issues confronting baseball today did not exist in 1920.
Historically, though many have characterized the commissioner's powers to act in the "best interests of baseball" as very broad, in practice those powers were infrequently exercised and, especially in recent years, were uncertain in scope.
Even the courts have, at various times, questioned the authority of the commissioner, the most recent being in 1992 when an Illinois district judge overruled the commissioner's decision to realign the National League.
The labor question has been particularly vexing because the relationship between the commissioner and the Player Relations Committee has never been satisfactorily defined. The clubs formed the PRC in 1968 to insure they were fairly and professionally represented during negotiations with the players' union and to keep the commissioner out of labor negotiations.
Since the clubs are subject to the national labor laws, they are legally responsible for their labor policy. The uncertainties regarding the use of the "best interests" powers by the commissioner in past collective bargaining have impeded the bargaining process rather than promoted the interests of baseball and its fans.
With the advent of the union, the commissioner has lost all authority over the players in collective bargaining.
Bart Giamatti, major league baseball's seventh commissioner, understood this ambiguity well. He asked, "Why should I involve myself in a process in which I hold suasion over only one side?"
In order to clear up this confusion and clarify the commissioner's power, major league baseball formed a restructuring committee in September 1992. The committee was established to clear up ambiguities and, once and for all, properly describe the limits of the responsibility and authority of the commissioner.
This process was difficult because all aspects of the commissioner's responsibilities were analyzed and measured. In the end, the owners unanimously agreed the commissioner should retain full power to protect the integrity of, and public confidence in, the game of baseball.
There was no debate on that issue. The report clearly establishes the commissioner's responsibility and authority over all individuals, including owners, involved in the game.
Some business and league-specific areas, where a commissioner cannot compel a club to take or not to take action, are outside the commissioner's purview - unless they involve the integrity of and/or public confidence in the game.
It is now clear, that under those conditions, unlike before, the commissioner can act in the "best interests" of the game.
Baseball's restructuring report extended the commissioner's authority by centralizing the administration of the game. Both leagues and the Player Relations Committee are now directly under the jurisdiction of the commissioner.
For the first time, the commissioner has the authority to approve the election of the league presidents and is empowered to develop and negotiate the clubs' labor strategy.
In all areas, I want to emphasize, the commissioner, as protector and promoter of the game, will have greater influence, commensurate with the ability to lead and the talent to persuade.
In 1920, the first commissioner was named to protect and promote the game for the benefit of the fans. That job description has not changed. Today's fans continue to be well represented, perhaps even better represented, because the authority of the commissioner is now clear and unmistakable.
by CNB