Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: FRIDAY, December 23, 1994 TAG: 9412240051 SECTION: SPORTS PAGE: B5 EDITION: METRO SOURCE: RONALD BLUM ASSOCIATED PRESS DATELINE: WASHINGTON LENGTH: Medium
The move, certain to set off a legal fight, eliminates salary arbitration and immediately creates a new group of 63 restricted free agents, including Jack McDowell, Jim Abbott and Marquis Grissom. It forces 21 teams to cut a total of $56.2 million from their 1994 payrolls, and eliminates many of the union's gains in collective bargaining during the past 23 years.
It also clears the way for owners to go ahead with preparations to start the 1995 season with replacement players - plus any regular players who might break ranks.
Players will file an unfair labor practice charge with the National Labor Relations Board as early as today - the 19th anniversary of free agency. The union will ask the NLRB to seek a preliminary injunction against the cap in federal court.
``If this is the road they want to take, if this is where they wanted to go, this is going to be an ugly situation,'' Detroit first baseman Cecil Fielder said.
Owners already had postponed their deadline for implementation twice - from Dec. 5 to Dec. 15, voting the second time to give the ruling executive council authority to impose the cap a week later. The council met by telephone Thursday night and unanimously voted to implement as of 12:01 a.m. today.
``It's obviously a very serious decision, but I know that all of us were extremely disappointed today,'' acting commissioner Bud Selig said from his home in Milwaukee. ``We have said all along that this industry needs significant economic change, and I'm disappointed that in the last proposal this evening the union didn't even deal with any of those things.''
Union head Donald Fehr called the imposition ``preordained.'' Players struck Aug. 12 rather than accept a salary cap, wiping out the final 52 days and 669 games of the season. On Sept. 14, owners canceled the World Series for the first time since 1904.
``This is certainly a sad day,'' Fehr said. ``It's regrettable. I think the owners will come to regret it - sooner than they think.''
The next effort to restart the baseball talks could fall to former President Jimmy Carter, who offered to get involved if needed. Fehr also raised the possibility of a long court fight, saying, ``It may not even be halftime yet.''
``They measure every proposal up against a salary cap and unless it measures as high as a salary cap, they don't want it,'' Fehr said.
Mediator W.J. Usery, appointed by the Clinton Adminstration Oct. 14, said he wasn't able to forge an agreement and will report today to Labor Secretary Robert Reich.
``I reluctantly and very sadly have to say to you tonight that negotiations have broken off,'' Usery said. ``It was very unfortunate that we have been unable to consummate an agreement. ... Tonight there was no use to go any further.''
The players' latest proposal included a progressive tax with rates of 10 and 25 percent. But Philadelphia Phillies co-general partner Dave Montgomery said the plan ``brings us no closer to the objectives we were talking about.'' He said the tax would total just $600,000 for all clubs.
Owners studied the proposal for six hours before rejecting it in a 30-minute meeting with union officials..
``The 25 percent marginal tax rate proposed by the union is an illusion,'' owners said in a statement. ``It kicks in at a payroll level that is $8 million more than any club has ever paid.
``Therefore, no club will be taxed at 25 percent in 1995 or in any year covered under the proposal. It is, quite frankly, an empty bag. The only other marginal tax rate in the union's proposal is just 10 percent. Only three clubs are at that level - and just barely,'' the owners said.
Union lawyer Lauren Rich said the owners ``couldn't wait to get out of the room.''
Earlier Thursday, Carter offered to get involved in the talks ``only if the present attempt to reach an agreement between the players and the owners is likely to be abandoned.''
Usery joked about the former president's possible involvement.
``The one thing I didn't think we needed at the moment was another mediator,'' he said.
In recent days, several government officials have said they intend to re-examine the baseball owners' antitrust exemption.
Players have spent more than $600,000 this year lobbying for repeal of the exemption - which makes baseball the only industry subject to an imposed salary cap, according to the union.
``It's gone from exhausting to frustrating to helpless,'' Kansas City Royals pitcher David Cone said.
``We didn't want to go to court and we didn't want to have to go to Washington,'' Cone said. ``But we feel like that's all we can do now because it's been taken out of our hands.''
by CNB