Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 7, 1994 TAG: 9412020006
SECTION: SPORTS PAGE: B10 EDITION: METRO
SOURCE: FROM ASSOCIATED PRESS REPORTS
DATELINE: LENGTH: Medium
In a 5-1 decision written by Justice Major Harding, the court said baseball's exemption applies only to the reserve system, not the overall business of the sport.
The ruling clears the way for Florida Attorney General Bob Butterworth to investigate whether National League owners conspired in 1992 to keep the San Francisco Giants from moving to St.Petersburg, Fla.
It also may enable the players' union to file an antitrust suit against owners in Florida. And it may lead to lawsuits challenging baseball's rules on franchise relocations.
``Any holding which begins to apply the laws that applies to everybody else to the owners are significant steps in the right direction,'' union head Donald Fehr said.
The court's decision was limited to Butterworth's investigation. But Justice Ben Overton suggested baseball's antitrust exemption had outlived its usefulness and urged the U.S. Supreme Court to review it.
``While we are disappointed by the decision, we note, as the court itself noted, that the state court opinion is contrary to the great weight of federal court authority on the matter,'' said Thomas Ostertag, general counsel to the commissioner's office. ``We will consider whether to seek review by the United States Supreme Court.''
Talks between major-league players and owners still are adjourned in New York, but in an effort to revive negotiations after a break of nearly one month, Fehr met Colorado Rockies owner Jerry McMorris on Thursday and said the sides may meet next week.
``We didn't move on any of the substantive issues,'' McMorris said. ``We did talk about how to get the talks re-started.''
The sides have talked formally three times since the strike began Aug.12 and not at all since Sept.9.
Owners, while preparing for renewed talks, asked players to suspend anti-collusion provisions if management imposes a 45-day freeze on signings. Three collusion rulings against owners in the 1980s led to a $280 million settlement.
``We are still scratching our heads trying to find a reason we should agree,'' said Lauren Rich, the union's No.3 official.
Meanwhile, the major and minor leagues agreed to defer the deadline for reopening the Professional Baseball Agreement for one year until Sept.30, 1995.
The PBA, which governs the relationship between the majors and minors, is due to expire on Sept.30, 1997. Each side could have reopened the deal by Sept.30, 1994.
``Industry-wide uncertainty created by the current labor negotiations at the major league level would make it counterproductive to reopen the agreement at this time,'' said Jimmie Lee Solomon, the major leagues' director of minor league operations.
by CNB