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Free Agencies in Baseball Introduction Many who have studied the history of American baseball believe that the Reserve Clause has been ineffective and that changes are made for the best. The Reserve Clause was considered as the kind of slavery for baseball players, and the players received more freedom when it was abolished. Actually, it was the antithesis of free agency, a paragraph in each player's contract that allowed a baseball team to keep him indefinitely until he was sold, traded or released. (Lowitt n. p. ) During the last ten years, quantity of people standing for free agencies in baseball is constantly increasing. It seems, the court and American government undertook proper measures to solve the problem. However, we come across with proposals to renew the reserve clause or, at least, to oppose the activity of free agencies and the baseball players being free agents.
Baseball is the most favourite sport in America. Why do Americans like it? They say that their character is brightly reflected in the game. The American historian Jacque Based wrote that any person who wants to understand the heart and the soul of America, should start from baseball. Professional sportsmen are the main labor force in any kind of sport.
Some people argue that professional sportsmen are often treated as slaves and call the sport statutes the serfdom. According to them, the activity of sportsmen, which falls under the jurisdiction of the United States, has one important peculiarity. In their majority, American sportsmen dont have right to choose where to work (the team). Even in cases when the contract is over, sportsmen have to obey the statutes and the rules established by leagues and sport associations. Such situation took place due to decision of the Supreme Court in 1922, which examined the issue concerning two baseball leagues (When Baseball Came to Richmond Avenue n. p. ).
According to that decision, the baseball wasnt considered the business, and, therefore anti-trust Shermans law couldnt be applied. Further this decision was applied to other kinds of sports, such as hockey, football, etc. According to that court examination, leading sport leagues cannot be called the monopolies in their business sector (however, actually they are the monopolies and the sport can be examined as business). During the dozens of years managers of sport clubs and sport leagues obliged sportsmen to obey strict rules and contract conditions. Yet, recently labor unions activity as well as numerous private court trials and strikes started to change the situation.
In 1975 the situation in baseball world has changed dramatically. Baseball became the first sport, which allowed the players to become free agents. Free Agency means allowing a player to move from team to team after a season (BBC Sport, n. p. ).
In such a way, the players gained more power than the baseball teams and started to be examined as individuals. The Historical Background The National League Baseball team owners constantly had problem creating profit. The owners were competing to get the best players and their expenses were fantastic. In order to reduce costs, on September 29, 1878 the owners of baseball teams decided to meet in New York (Buffalo) (SIC 7941 n. p. ). During that meeting, they agreed to create a special rule, according to which the best five players were reserved by the baseball team and no other owner could ask the player to join the other baseball team.
The Baseball team owners signed that contract and the era of baseball slavery started. The players were not disturbed by the new regulation. Moreover, they considered it to bring more advantages than disadvantages. According to their thought, to belong to reserved player meant to be acknowledged a good baseball player appreciated by the team owners. In 1883 the National Baseball League and the American Association merged and the quantity of player increased to eleven. Three years later the baseball league changed the rule and increased the quantity to 11 and up to twelve in 1887. (Anderson n.
p. ). The Reserve Clause was the integral part of any players contract. According to it, the baseball player was recognized a property of his team and had no right to leave the team unless the owner will agree to release him. Moreover, according to it, a team could renew a contract even if the player would not sign it (BBC Sport, n. p. ). No doubt that such illegal proposition caused anger of baseball players.
The President of the brotherhood of Professional Baseball Players, John Montgomery Ward, said that Like a fugitive slave law, the reserve rule denies him a harbour or a livelihood, and carries him back, bound and shackled, to the club from which he attempted to escape. (BBC Sport, n. p. ). The Court Flood Decision was the first challenge to the Reserve Clause. The baseball player from St. Louis Cardinal Team was sold by his manager to another baseball club (Philadelphia Phillies) against his will. Curt Flood won the issue against the Major Baseball League on January 16, 1970.
His lawyer managed to prove that the Reserve Clause contradicts to the 13 th Amendment. The year of 1975 was known for the cases of Andy Messersmith and Dave McNally. Andy Messersmith was the pitcher playing for the Los Angeles Dodgers, and Dave McNally played for the Montreal Expos (USA Today n. p. ). Both pitchers didnt put their signature to renew the contract for 1975; however, they had to play because the previous contract was simply prolonged. The owners were forced to create a new system.
A new Basic Agreement was signed in July 1976 which basically ended the years of the Reserve Clause and began Free-Agency (BBC Sport, n. p. ). All baseball players agreed that this decision was a turning point for the baseball in particular and sport in general. The player, being a free agent, is able to decide the team he plays for and the owner he obeys to. Although it seems to be worse for the owners of baseball leagues and clubs, the players receive more freedom.
Yet, players contract with the club must also expire for him to be eligible for Free Agency (Free Agents List n. p. ) Arguments of supporters of Free Agencies The main arguments of those who support Free Agencies are: 1. It is not democratic to prohibit the players to choose the team they play for. Such measure contradicts to the Constitution, the 13 th Amendment and the Human Right act. 2.
If the government will renounce Free Agencies, the players will earn less and their income will be lower. They also claim that after the enactment of free-agency the average salary for baseball players increased dramatically (Depken 2) 3. Besides, Free Agencies make impossible the struggle between baseball clubs and in such a way, the trade of players will loose its sometimes criminal coloration. 4. Being a free agent, a player receives more freedoms. Besides, the supporters of Free Agencies consider that Free Agencies do not influence the importance of baseball leagues and other sport clubs. Arguments of opponents of Free Agencies Lets resume the main arguments of opponents of Free Agencies.
On the first sight, they seem to be quite logical: 1. The baseball players are not effective managers and often do not act in favor of sport; 2. Besides, a very few teams may allow itself to purchase all of the best players over time and could effectively limit competition (Depken 1) 3. If the government will cancel free agencies, the players will not have to undertake hard financial decisions that demand their attention. Besides, the players will be able to concentrate on sport. 4.
According to opponents opinion, baseball leagues and clubs gradually loose their importance. If they will not have decisive power to control the players, the measures to improve current situation in sport will be of no use. Conclusion The era of Free Agencies has symbolically began with Curt Flood's legal battle against the reserve clause and literally started with Messersmith/McNally ruling (SI. com website n.
p. ). On the first sight, the idea to cancel Free Agencies, from the point of view of opponents, seems nice. However, it sounds too picturesque to be truth. The very idea of total control over the players in the most liberal country in the world is counterproductive.
First of all, the society should not have any illusions regarding the advantages of cancellation of free agencies. It is easy to imagine how many court examinations we will receive, in case the Free Agencies will be cancelled and league owners will have opportunity to trade their players. The experience of previous years is very demonstrative. The way to achieving freedoms was not easy. Taking into consideration concepts of opponents of free agencies, it is very difficult to imagine development of situation in our country.
Some opponents of free agencies also consider that allowing league owners to control the contracts of players and the baseball players in general, is less dangerous than to leave them to choose whether they will want to play. Probably, we can speak about partial reserving of players. In any case, such reserve should be done upon mutual agreement of player and owner of the club. In such a way the player will be able to choose and to take the best decision. However, if the owners of baseball leagues will get total control over players, it will be very difficult to check whether the player agreed or not. The total control of players will inevitably cause mass violation of human rights.
William B. Gould IV, the former chairman of the National Labor Relations Board said that "In the 1970 s when free agency was first established, the clubs were very anxious to limit the number of free agents... Now, the clubs are anxious to create 'more' free agents because they realize the laws of supply and demand will cause prices to drop. " (Baseball Economics n. p. ) Opponents of free agencies also claim that a player chooses between the proposals of commercially interested clubs, so they propose to legalize the actual state of club interest as well as the actual state of affairs.
If we have to follow such logics, we also need to legalize and decriminalize slave trade as well as many other things. The least but not the last argument of opponents of free agencies is as follows: the role of baseball leagues and clubs will loose its importance. Probably, it will. Will the baseball players derive a benefit from it? Before we answer this question, lets get the answer for others. Who derives benefit from controlling the players?
Who gets profit from players trade? We examine this problem so thoroughly because the question of free agencies is very important. Probably, the players will have to pay more attention to decisions they take. On the other hand, no person can deprive the players of their inherent rights and civil freedoms.
The only possibility to avoid increasing violations of human rights is to allow and to support baseball free agencies. Bibliography: Anderson, W. Creating the National Pastime: The Antecedents of Major League Baseball Public Relations. Retrieved December 6, 2005. < web > Baseball Economics.
Retrieved December 6, 2005. < web > BBC Sport. The Rise of Free-Agency and the Reserve Clause in Baseball. 18 th June 2004. Retrieved December 6, 2005. < web > Depken, C. A. (October 1996). Free-Agency and the Competitiveness of Major League Baseball. Retrieved December 6, 2005. < web > Free Agents List.
Retrieved December 6, 2005. < web > Lowitt, B. Free-agency era opens in baseball. St. Petersburg Times, published October 22, 1999. Retrieved December 6, 2005. < web > SI. com website.
From Catfish to A-Rod Landmark moments from baseball's free-agent era. Retrieved December 6, 2005. < web > SIC 7941. Professional Sports Clubs and Promoters. Retrieved December 6, 2005. < web > USA Today.
Free Agencies brought new changes. Retrieved December 6, 2005. < web > When Baseball Came to Richmond Avenue. Retrieved December 6, 2005. < web When% 20 Baseball% 20 Came% 20 To% 20 Richmond% 20 Avenue. do c>
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Research essay sample on Free Agencies In Baseball
