Baseball striking out on player pay equity

 

Is it so much to ask of an organization to pay its employees a fair wage? Trials and tribulations are part of the journey to the show, but it shouldn’t be at the expense of living a decent life. As fans, we should demand the very best athletes that our dollars can buy. It doesn’t seem that those with two or more jobs get to focus solely on baseball.

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By Bret Thixton  May 18, 2014  http://www.myjournalcourier.com

Under the federal minimum wage, an individual working full-time can expect to earn around $15,080. Most Minor League Baseball players earn between $3,000 and $7,500 in a five month season. The average Major League Baseball player will make $3.39 million in a year.

When thinking of income inequality, the discussion has rarely focused on the professional sports world. While there exist income differences among the major sports, a glaring issue exists in the world of baseball. The numbers above point to a huge gap in the salaries for the athletes in our national pastime.

There can be a number of Minor League affiliates associated with a Major League organization. From AAA to rookie leagues, this system is designed to prepare players to make the leap to the MLB. The development of these players is important to Major League clubs as they work toward the ultimate goal of winning the World Series. However, only a very select few of these players will ever make it to the show. The players who don’t make it to the big leagues serve simply as agents of making sure the ones who do are ready.

The importance of these players can’t be understated. Because of them, the players that eventually make the big leap are prepared for the competition at the highest level.

The MLB has been able to get away with these low wages due to a historical exemption from antitrust laws. They are allowed to set salaries and working conditions without players suing under the Sherman Act. This, combined with the inability to unionize, has led to low wages and no major lawsuits.

A new lawsuit, Senne v. MLB, sparked discussion over the payment of these minor leaguers. This lawsuit, brought on by three former Minor Leaguers, claims that wages were unlawfully low. It is currently in the U.S. District Court for the Northern District of California for violations of wage and overtime laws.

The usage of contracts is what the MLB will rely on as they prepare to face legal action. Because players voluntarily agreed to these contracts of their pay, they aren’t guaranteed any more pay. The Fair Labor Standards Act classifies players as professional employees, making players exempt. The players either deal with these terms or do not play.

However, the other side is arguing that the MLB is violating the Fair Labor Standards Act and other laws that guarantee minimum wage and overtime pay. In a sport where you must constantly train and perform, it’s easy to put in more than 40 hours in a week. The players who are suing the league claim to put in 60 or 70 hours in a typical work week.

The MLB and MiLB enjoy the low wages for the players and the low cost of attendance for the games, as they are quite popular in the cities they play in. They state that an increase in wages would be passed onto fans. That is not fair, nor the right answer to the issue.

When Alex Rodriguez gets paid $29 million per year, it’s hard to justify not paying the Minor Leaguers a fair wage. By subtracting just $1 million off the top contract in each organization, an organization could pass around $5,000 to each and every player in their MiLB affiliated clubs.

It may not be fair to take money away from those who pull in the top contracts. But at some point, the MLB needs to understand the true value of its Minor League systems. Minor Leaguers playing today make less than those in 1976, while mega deals seem to break records every year.

These minor leaguers often get jobs in the off-season to make ends meet. This doesn’t allow them to focus on baseball in the off-season or play in other winter leagues.

Is it so much to ask of an organization to pay its employees a fair wage? Trials and tribulations are part of the journey to the show, but it shouldn’t be at the expense of living a decent life. As fans, we should demand the very best athletes that our dollars can buy. It doesn’t seem that those with two or more jobs get to focus solely on baseball.

In a culture that worships veterans and the journey to the majors, baseball has lost sight of the importance that these young men bring to the game itself.

Jocks on strike? Congress looks at unions organizing athletes

 

By Eric Schulzke, Deseret News National Edition

Monday, May 19 2014

With the National Labor Relations Board deliberating whether to clear the way for Northwestern’s football team to unionize, a congressional panel met last week to debate how to respond to charges that college atheletes are exploited labor.

Whatever comes of the current dispute at Northwestern, the controversy puts pressure on the NCAA to change how it treats atheletes. Some changes appear to be in the likely result, whichever way the unionization fight goes.

“For its part,” the Chronicle of Higher Education notes, “the NCAA has stepped up efforts to help athletes. Last month its Division I Board of Directors approved a measure allowing colleges to provide more meals for players. The board also endorsed changes in the Division I governance structure that are expected to provide wealthy colleges with more autonomy, setting the stage for big-time athletics programs to increase the value of scholarships and to provide new health and welfare benefits.”

Many of the lawmakers at the hearing doubted that unionization was a real answer. “Can the NCAA and institutions do more to protect students? Absolutely,” said Rep. John P. Kline Jr., a Minnesota Republican and chairman of the House Education and the Workforce Committee in prepared remarks.

“They could start by giving students a greater role in shaping policies that govern college athletics. They could also work to help ensure a sports injury doesn’t end a student’s academic career and find a responsible solution that will deliver the health care injured players may need. While promoting change is often difficult, student athletes deserve a determined effort to address these concerns,” Kline added.

Prior to the hearing, union organizers, including a former UCLA linebacker, expressed fears that Congress would consider legislation that would head off the unionization effort.

“CAPA is concerned that this hearing has been called in an attempt to legitimize the NCAA’s illegitimate effort to eliminate college athletes’ rights,” Ramogi Huma, president of the College Athletes Players Association, told the Associated Press.

Northwestern’s football players voted last month on whether to unionize, but the results of the vote will not be made known until after the National Labor Relations Board makes a final determination on whether they are allowed to do so.

ESPN noted that “the ballots will not be opened until after the national NLRB body rules on whether to accept the ruling of its regional director in Chicago that players are employees. But the 76 eligible voters — those scholarship players with remaining NCAA eligibility — are under significant pressure to vote no.”

“Head football coach Pat Fitzgerald has led the defensive effort,” Slate noted, “which seems befitting for a former linebacker. A generally beloved figure in the locker room and on campus, he has been meeting with players to ‘educate’ them about the apparently dreadful repercussions of bringing union reps onto campus. Publicly, he’s simply argued that the school can address athletes’ concerns, like better medical care, without collective bargaining.”

International Trade Union Confederation World Congress, Berlin 18 – 23 May 2014

http://www.ituc-csi.org

Over 1500 trade unionists from 161 countries will gather at the Berlin City Cube in Berlin, Germany from May 18 to 23 for the 3rd International Trade Union Confederation World Congress which takes place every four years. The ITUC is the largest democratic organisation in the world representing 325 national trade unions and working people all over the world. The 2014 theme is “Building Workers’ Power”.

Press Conference: ITUC General Secretary Sharan Burrow will hold a press conference at 12:45 – 1:15 pm on Sunday 18th May at the Berlin City Cube.

The opening ceremony takes place 2:30 p.m. on Sunday, 18 May and includes addresses from German Foreign Minister Frank-Walter Steinmeier and Helen Clark, UNDP Administrator, representing the United Nations, and ITUC President Michael Sommer.

The ITUC General Secretary’s address by Sharan Burrow outlining the state of the world for working people and the findings of the ITUC Global Poll 2014 will take place on Monday 19th May followed by an address by ILO Director-General Guy Ryder.

Delegates will debate organising campaigns in multi-national companies including T-Mobile USA and Deutsche Telekom, organising in the informal sector, government action plans to address inequality including a minimum living wage and social protection, climate action and trade agreements. The Congress will hold a public vote for the worst boss in the world.

There will be workers’ hearings on the informal sector and discrimination and panel debates on indigenous rights, domestic workers. A new global rights index will be released on the worst countries for workers based on violations recorded from 2013 – 2014. The Congress will adopt an action plan for the ITUC mandated by the 325 national trade union centres for a four-year programme of work.

Special guests include former professional footballers Abdeslam Ouaddou and Zahir Belounis who was trapped in Qatar for 17 months; Gordon Brown MP, UN Special Envoy for Global Education; Jay Naidoo, Chairman of the Global Alliance for Improved Nutrition and a former Minister in the Mandela Cabinet; Professor Ozlem Onaran, Professor of Workforce and Economic Development Policy at University of Greenwich; Larry Elliott, Guardian Economics Editor; and Jayati Ghosh, Professor of Economics at Jawaharlal Nehru University, New Delhi, India.

For complete details of the ITUC World Congress agenda and arrangements please see: http://congress2014.ituc-csi.org/programme

The International Trade Union Confederation represents 176 million workers from 161 countries. The ITUC brings together the world’s independent and free national trade unions centres.

Think Hard or Hardly Thinking? Target’s Anti-Union Propaganda

By Jason Edwards     http://rankandfile.ca

A video made for employees of Target, titled “Think Hard: Protect Your Signature,” warning employees about the potential perils of signing a union support card, has been shared widely online as of late. Many viewers have greeted it as an entertaining (yet infuriating) example of the condescending, misleading, and “cheesy” way big business is trying to convey its anti-union message to workers.  Indeed, there is some sweet irony in putting “Think Hard” in the title of a film rife with falsehoods.

As a weapon in this notoriously anti-union employer’s wage-depression arsenal, this short video is an opportunity. It is an example of both the specific talking-points used by employers to discourage organizing and the general assumptions employers harbour concerning low-wage and precarious workers.

Labour activists should take this opportunity to make an appraisal of the narrative we create when building support for collective action. The video should be treated by activists not just as a long, patronizing comedy sketch, but as a primer on employer propaganda and how it can be overcome with honest, accurate information. With that in mind I will critically examine the four major themes of the video.

“Us Against Them”

The strongest underlying theme conveyed by this video is that a union would be a third party, and that the relationship between Target and its employees is one of openness, reciprocity, and respect. On one side, an image is painted of rigid rules passed down by writ from self-interested union dictators. On the other is a “partner, standing by to help you out”.

Fortunately, this narrative—a real life example of Orwellian doublespeak—is wholly untrue.

Unions, while not perfect, are far more democratic than any employer could be. The vast majority of union representatives, from the shop stewards on the work floor all the way to the leadership, are elected. The members who sit across the table from the employer in bargaining are elected.  Contracts are subject to the approval of the majority of the membership, as are strikes.  This means the “union rules” that Target would have us so afraid of are rules that members have pushed their bargaining committee to negotiate for.  Union finances are largely open to scrutiny from members, and there are myriad avenues for members to get involved and influence the trajectory of the union. When a union is functioning well, the membership is not only in control of the union, it IS the union.

Representatives and employees of the union are directly responsible to the organization’s members. In fact, as the Target video so helpfully points out, unions are legally obliged to work in the interest of their members, and if they fail to do so, members can seek legal recourse in the form of a duty of fair representation complaint.

For their part, how democratic are employers, especially large retail chains like Target?  Are managers accountable to employees?  Are their rules voted on, reaching assent only when a majority of employees approve?  Are their rules applied equally to both sides of the employment relationship? Is Target legally obligated to work in the interest of its employees?

The answer to all of these questions is a resounding “no”. Target’s only obligation is to its shareholders; to make them money by keeping costs, like wages, down. It is not surprising that Target doesn’t want to have to follow a set of rules, agreed to by employees, that govern the way it treats workers.

“There are no guarantees”

Another prevalent theme in Target’s propaganda video is its insistence that forming a union means venturing into uncharted territory. “They’re making promises they may not ever be able to keep.” The existence of this uncertainty is somewhat true.

There is only one guarantee that workers have when forming a union: their bargaining power will improve. They will have a collective voice, supported by the infrastructure of an organization whose primary objective is to improve wages and working conditions.

As a collective unit, working people will always be in a stronger position relative to their employer than as individuals. A stronger bargaining position doesn’t guarantee any particular wage rate or other condition of employment (unless signing onto an established collective agreement), but it does make improvements possible that would otherwise not be.

“Dues! Dues! Dues!”

While they aren’t concerned when employees join bowling leagues or buy groceries, Target seems incredibly interested in its employees’ “hard earned paycheque” when it comes to paying union dues.

Target has an army of lawyers and business professionals whose jobs are to keep costs as low as possible on things like wages and workplace safety.

Why shouldn’t its employees have access to the same infrastructure? By pooling resources, working people can obtain the tools needed to win and enforce workplace improvements. Dues pay for the offices, administrators, business people, and lawyers that work on behalf of members.

What’s more, dues are entirely tax deductible. That means that every penny paid into the union from members is returned to them when they file their taxes. In effect, members receive all the benefits of being in a union at no cost.

Among these half-truths and omissions, the video comes close to telling a flat-out lie when it states, “You may find yourself unionized and paying dues without ever getting a chance to vote.” This could hardly be more untrue. While the process varies between jurisdictions, generally, a large number of workers need to sign support cards, then vote “yes” for the union, then elect their bargaining committee, then vote “yes” for a collective agreement—all before a single penny is paid in dues.

Finally, it is no surprise that Target does not mention the union wage premium.  Across Canada, union workers make an average of about $5.00/hour more than non-union workers. The corresponding number for Ontario is more than $6.00, and for Nova Scotia more than $6.25. Non-union workers are effectively paying massive “dues”—in the form of lower wages—without receiving any benefits.

“Things are Good”

Target’s video spends an inordinate amount of time trying to convince employees that they love their jobs.  Aside from the “fast” part, the “fun, fast, and friendly” atmosphere that is endlessly repeated in the video is a fiction. Statistically , the majority of retail employees experience very low job satisfaction. A cursory glance at ratemyemployer.ca or one of the many retail worker blogs shows why: working retail sucks. The work is demanding, the hours are crummy, and you’re stuck between cranky customers and demanding managers. It may be fast, but it is hardly fun and friendly.

Target wants its employees to adopt this fiction and believe that if they organized into a union they would be sacrificing the “fast, fun, and friendly” atmosphere. With a union, the workplace would certainly change: breaks would be respected, scheduling would be less sporadic, expectations would be more reasonable, and labour standards would be abided by.

Conclusion

The above are only four central themes of this video, embedded in its glaring disdain for worker agency and ability. It offers many more omissions, half-truths, and mischaracterizations about unions and employment relationships that are trumpeted by most employers who seek to expel any tendency for workers to organize. Each of the talking points provides labour activists with an opportunity. Armed with information, organizers can attack these arguments for what they are: falsehoods designed to scare workers into staying in a position of weakness vis-à-vis their employers. Activists seeking to win fair wages and better working conditions from employers can use this video to heed Target’s ironic advice: “think hard”.