Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, April 1, 1995 TAG: 9504040033
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: Los Angeles Times
DATELINE: NEW YORK LENGTH: Medium
The owners may respond to the latest development with a lockout, in which case the season probably would begin with the replacement teams that were assembled for spring training.
The players had voted Wednesday to return to work if a federal judge granted the National Labor Relations Board's request for a temporary injunction. The injunction was granted Friday by U.S. District Judge Sonia Sotomayor, upholding the board's claim of unfair labor practice by the owners and restoring all terms and conditions of the expired bargaining contract between players and owners.
With the 1995 season scheduled to start Sunday night with replacement players, owners will meet that afternoon in Chicago to discuss their options and take a lockout vote.
An exchange of negotiating proposals this week generated a degree of optimism in the protracted stalemate, but it is unlikely that there will be any attempt to resume negotiations before the Sunday vote.
Union leader Donald Fehr, hopeful the court ruling would be a turning point in the talks, said that ``given the nature of the dispute,'' he would not be stunned if the owners implemented a lockout.
``However, it would be an obvious indication they want to continue the dispute,'' he said.
Owners have acknowledged a willingness to delay the season as long as three weeks to give major league players a chance to get ready if a settlement were reached. But they have repeatedly said they have no desire to play another season under terms of the previous economic system, unless that season is part of a long-term agreement in which a new system kicks in after the first year.
A lockout is their primary weapon, but it is not certain they have the 21 votes needed to approve it. A lockout also carries enormous financial risks. If an administrative law judge ultimately finds the owners guilty of unfair labor practice in a hearing that begins May 22, owners could be liable for back pay, plus interest, for all major leaguers from the time the lockout was implemented.
However, acting Commissioner Bud Selig has seldom put an issue to a vote without knowing he has the votes to get it through.
``The two sides still have to settle their disagreements at the ... table,'' he said in a statement. ``The economic uncertainty caused by delays ... could have further crippling effects on the industry. Representatives of the 28 clubs will meet to discuss legal and practical options now available and will certainly give the players a timely answer to their offer to return to the field.''
The 2nd U.S. Circuit Court of Appeals denied a request by management lawyers for an emergency stay of the injunction order, but the lawyers will return Tuesday to argue for a stay and an accelerated appeal.
Friday's injunction ruling stemmed from the owners' attempt to declare an impasse and implement a salary-cap system Dec. 22. In charges brought by the union, the labor board ultimately cited the owners with a violation of the National Labor Relations Act for declaring an illegal impasse.
by CNB