71505 MLB CBA TOC.qxd

2017–2021 BASIC AGREEMENT

TABLE OF CONTENTS

ARTICLE I—Intent and Purpose .............................. 1

ARTICLE II—Recognition .................................... 1

ARTICLE III—Uniform Player’s Contract ..................... 1

ARTICLE IV—Negotiation and Approval of Contracts ........ 2

ARTICLE V—Scheduling ..................................... 3

A. Length of Season ...................................... 3

B. Championship Schedules .............................. 5

C. Additional Scheduling Agreements .................... 5

D. Interleague Play ....................................... 11

ARTICLE VI—Salaries ....................................... 11

A. Minimum Salary ....................................... 11

B. Maximum Salary Reduction ........................... 13

(1) Maximum Salary Cut Rate ........................ 13

(2) Calculation of Previous Seasons Salaries .......... 14

(3) Disputes .......................................... 18

C. Standard Length of Season ............................. 18

D. Salary Continuation—Military Encampment ........... 18

E. Salary Arbitration ...................................... 18

(1) Eligibility ......................................... 18

(2) Notice of Submission ............................. 19

(3) Withdrawal from Arbitration ...................... 19

(4) Form of Submission .............................. 20

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(5) Selection of Arbitrators ........................... 20

(6) Location of Hearings ............................. 20

(7) Conduct of Hearings .............................. 20

(8) Continuances, Adjournments or Postponements . . . 21

(9) Hearing Costs ..................................... 21

(10) Criteria ........................................... 21

(11) Confidential Major League Salary Data ........... 23

(12) Prohibition Regarding Competitive

Balance Tax .................................... 23

(13) Timetable and Decision ........................... 23

ARTICLE VII—Expenses and Expense Allowances ........... 24

A. Transportation and Travel Expenses .................... 24

B. In-Season Meal and Tip Allowance .................... 26

C. Spring Training Allowances ............................ 28

D. All-Star and Home Run Derby Participant Benefits .... 29

E. In-Season Supplemental Allowances ................... 30

F. Allowances for Disabled Players ....................... 31

ARTICLE VIII—Moving Allowances ......................... 34

ARTICLE IX—Termination Pay ............................... 36

A. Off-Season ............................................ 36

B. Spring Training ........................................ 36

C. In-Season .............................................. 37

D. Split Contracts ......................................... 37

E. Injury .................................................. 38

F. Non-Duplication ....................................... 38

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ARTICLE X—World Series, League Championship Series,

Division Series, and Wild Card Game

Players’ Pool ................................... 39

A. Creation of Pool ....................................... 39

B. Distribution of Pool .................................... 39

C. Division of Players’ Pool .............................. 39

D. Guarantee of Pool ..................................... 40

ARTICLE XI—Grievance Procedure .......................... 41

A. Definitions ............................................ 41

B. Procedure .............................................. 45

C. Special Procedure with Regard to Certain

Disciplinary Action .................................. 47

D. Grievances Initiated or Appealed by a Club ............ 49

E. Grievances Initiated or Appealed by the

Association ......................................... 50

F. Miscellaneous ......................................... 50

G. Survival Following Termination of

Basic Agreement .................................... 51

ARTICLE XII—Discipline .................................... 51

A. Just Cause ............................................. 51

B. Conduct Detrimental or Prejudicial to Baseball ........ 52

C. Notice ................................................. 52

D. Investigation and Discovery ........................... 53

E. Compliance ............................................ 54

F. Major League Rules 15 and 16 ......................... 55

ARTICLE XIII—Safety and Health ............................ 55

A. Safety and Health Advisory Committee ................ 55

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(1) Safety and Health Advisory Committee ........... 55

(2) Committee Meetings .............................. 55

(3) Power and Authority of Committee ............... 56

(4) Other Rights and Remedies ....................... 56

B. Safety Complaints—Responsibility of the

Commissioner ....................................... 56

C. Disabled List .......................................... 56

D. Second Medical Opinion ............................... 57

E. Certified Athletic Trainers ............................. 58

F. Locker Room Equipment .............................. 58

G. Disclosure of Medical or Health Information ........... 59

H. Location of Rehabilitation Facilities ................... 62

(1) Rehabilitation During the Championship Season . . . 62

(2) Rehabilitation During the Off-Season .............. 62

(3) Rehabilitation During Spring Training ............. 63

I. Medical History Questionnaire ......................... 63

J. Sports Psychologists.................................... 63

K. Strength and Conditioning Advisory Committee ........ 63

(1) Strength and Conditioning Advisory Committee . . . 63

(2) Committee Meetings .............................. 64

(3) Nutritional Supplements ........................... 64

(4) Weight Rooms..................................... 65

(5) Off-Season Strength and Conditioning Programs. . . 65

ARTICLE XIV—Spring Training Conditions .................. 65

A. Reporting .............................................. 65

B. Living Away from Club Headquarters .................. 65

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C. Meetings with Players ................................. 66

D. Extended Spring Training .............................. 66

ARTICLE XV—Miscellaneous ................................ 66

A. No Discrimination ..................................... 66

B. Parking Facilities ...................................... 66

C. Winter League Play .................................... 67

D. [Reserved] ............................................. 67

E. Active Player Limit .................................... 67

F. Spanish Translations and ESL Courses ................. 69

(1) Spanish Translation of Notices..................... 69

(2) English Language Acquisition ..................... 70

(3) Bilingual Media Coordinator ...................... 71

G. Future Expansion ...................................... 72

H. Future Contraction ..................................... 72

I. Sale of Club ........................................... 72

J. Default Notice ......................................... 73

K. Interest Rate............................................ 73

L. Players Association Tickets ............................ 73

M. Family and Medical Leave Act ......................... 74

N. All-Star Game ......................................... 74

(1) Roster ............................................ 74

(2) Designated Hitter ................................. 74

(3) Election and Selection Process .................... 74

(4) Emergency Replacements ......................... 77

(5) Reserve Pitching Plan ............................. 77

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(6) Participant Benefits ............................... 77

(7) Players Trust Benefits ............................. 78

(8) Miking ........................................... 78

O. Special Events.......................................... 79

ARTICLE XVI—Deferred Compensation ...................... 81

ARTICLE XVII—Existing Agreements ........................ 83

ARTICLE XVIII—Rule Changes .............................. 83

ARTICLE XIX—Assignment of Player Contracts ............. 84

A. Consent to Assignment ................................ 84

B. Assignment to Minor League club ..................... 86

C. Disabled List—Assignment to Minor League club ..... 86

D. Foreign Assignments ................................... 89

E. Optional Assignments .................................. 89

F. Waivers ................................................ 89

G. Designated Player ..................................... 90

H. Unconditional Release ................................. 90

I. Forms ................................................. 91

ARTICLE XX—Reserve System .............................. 91

A. Reservation Rights of Clubs ........................... 91

B. Free Agency ........................................... 92

(1) Eligibility ......................................... 92

(2) Procedure ......................................... 92

(3) Rights of Former Club ............................ 94

(4) Compensation .................................... 95

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(5) Miscellaneous .................................... 98

C. [Reserved] ............................................. 100

D. Outright Assignment to Minor League club ............ 100

(1) Election of Free Agency—3-Year Player .......... 100

(2) Election of Free Agency—Second Outright

Assignment ..................................... 101

(3) Effect of Free Agency Election .................... 101

(4) Procedure ......................................... 101

E. Individual Nature of Rights ............................ 102

ARTICLE XXI—Credited Major League Service .............. 104

A. Definitions ............................................ 104

B. Optional Assignments .................................. 105

ARTICLE XXII—Management Rights ........................ 105

ARTICLE XXIII—Competitive Balance Tax .................. 106

A. General Definitions .................................... 106

B. Determination of Competitive Balance Tax ............ 107

(1) Calculation of Tax ................................ 107

(2) Base Tax Thresholds .............................. 107

(3) Base Tax Rates ................................... 107

(4) Surcharge Thresholds, Rates, and Penalties ........ 108

(5) Phase-In for the 2017 Contract Year ............... 111

(6) Collection of Competitive Balance

Tax Proceeds .................................... 111

C. Determination of Actual Club Payroll .................. 112

(1) Definition of Actual Club Payroll ................. 112

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(2) Rules for Allocation of Salary ..................... 112

D. Benefits or Player Benefit Costs ....................... 116

(1) Definition ......................................... 116

(2) Limitation on Annual Increase .................... 117

E. Determination of Salary ............................... 117

(1) General Rule ...................................... 117

(2) Average Annual Value of Guaranteed

Multi-Year Contracts ........................... 118

(3) Signing Bonuses .................................. 118

(4) Performance, Award and Other Bonuses ........... 118

(5) Option Contracts .................................. 119

(6) Deferred Compensation ........................... 122

(7) Loans to Players .................................. 124

F. Association’s Rights ................................... 125

(1) Actual Club Payroll Information .................. 125

(2) Association’s Rights to Challenge ................. 126

G. Other Undertakings .................................... 128

H. Uses of Competitive Balance Tax Proceeds ............ 129

(1) 2016 Competitive Balance Tax Proceeds........... 129

(2) 2017–21 Competitive Balance Tax Proceeds ....... 130

I. Sunset ................................................. 130

ARTICLE XXIV—The Revenue Sharing Plan ................. 130

A. Definitions ............................................ 130

B. General Principles ..................................... 138

(1) Intent of the Plan ................................. 138

(2) Other Sharing ..................................... 138

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(3) Accounting Rules ................................. 138

(4) Interests of the Association ........................ 139

(5) Other Undertakings ............................... 139

C. Administration ......................................... 141

(1) Responsibility .................................... 141

(2) Duties of Administrator ........................... 141

(3) Specific Prohibition ............................... 143

D. Participation of the Association ........................ 144

(1) Consultation ...................................... 144

(2) Right to Information .............................. 145

(3) Right to Audit .................................... 147

(4) Confidentiality .................................... 148

ARTICLE XXV—International Play ........................... 149

A. Definition .............................................. 149

B. Possible Expansion .................................... 149

C. Staging of International Play Events .................... 150

D. Club Selection and Reimbursement for International

Play Events .......................................... 150

(1) Events in Mexico, Puerto Rico, or the Dominican

Republic ........................................ 150

(2) Championship Season Events in Asia or

the United Kingdom............................. 150

(3) Off-season Exhibition/Barnstorming Tours......... 151

(4) Limits on the Number of International Play

Events per Club ................................. 151

(5) Club Reimbursement for Replacement Costs....... 151

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E. Promoter Selection and Logistics for International

Play Events .......................................... 152

F. Promotional Activity and International Ambassadors.... 152

(1) Promotional Activities ............................. 152

(2) International Ambassadors......................... 154

G. Player Participation in Off-Season and Spring Training

Events ............................................... 154

H. Off-Season Promotion .................................. 154

ARTICLE XXVI—Term ....................................... 154

ARTICLE XXVII—Comprehensive Agreement ................ 155

ARTICLE XXVIII—Execution of this Agreement ............. 155

ATTACHMENT 1—Commissioner’s Letter on

Grievance Procedures ..................... 158

ATTACHMENT 2—Assignments Before Opening Day

Rosters are Due ........................... 159

ATTACHMENT 3—Interest Awards ........................... 160

ATTACHMENT 4—Agent Regulations Information............ 161

ATTACHMENT 5—Standard Form of Diagnosis .............. 163

ATTACHMENT 6—Medical History Questionnaire ........... 171

ATTACHMENT 7—Charitable Contributions .................. 185

ATTACHMENT 8—Contraction ............................... 187

ATTACHMENT 9—Central Tender Letter ..................... 188

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ATTACHMENT 10—Article XX(A)—Exercise of Free

Agency Rights by Players on Restricted,

Suspended, Disqualified, Ineligible,

Voluntarily Retired or Military Lists ..... 189

ATTACHMENT 11—Article XX(A)—Clubs’ Obligations

to Tender and Renew Contracts of

Players on Restricted, Suspended,

Disqualified, Ineligible, Voluntarily

Retired or Military Lists ................. 190

ATTACHMENT 12—Article XX(A)—Minor League

Player with No Existing Major

League Contract ......................... 191

ATTACHMENT 13—Information Bank ....................... 192

ATTACHMENT 14—Confidentiality Agreement .............. 193

ATTACHMENT 15—End of Season Workouts at

Spring Training Facility .................. 197

ATTACHMENT 16—Home Run Derby ....................... 199

ATTACHMENT 17—Family Security ......................... 205

ATTACHMENT 18—Authorization for the Use and/or

Disclosure of Major League Player

Health Information ...................... 206

ATTACHMENT 19—Uniform Regulations .................... 211

ATTACHMENT 20—Debt Regulation ......................... 223

ATTACHMENT 21—Debt Regulation ......................... 224

ATTACHMENT 22—Debt Service Rule ....................... 226

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ATTACHMENT 23—Multi-Purpose Financial Reporting

Process .................................. 236

ATTACHMENT 24—Minor League UPCs with

Major League Terms .................... 237

ATTACHMENT 25—Post-Season Play......................... 238

ATTACHMENT 26—Revenue Sharing Market Score .......... 239

ATTACHMENT 27—Joint Treatment Program for

Alcohol-Related and Off-Field

Violent Conduct ......................... 240

ATTACHMENT 28—Major League Player Tobacco Policy .... 242

ATTACHMENT 29—Major League Baseball’s

Weapon-Free Workplace Policy ......... 246

ATTACHMENT 30—All-Star Game Usage for

Sunday Pitchers.......................... 247

ATTACHMENT 31—COLA Rounding ........................ 249

ATTACHMENT 32—Counting Days on Option ............... 250

ATTACHMENT 33—Media Access ........................... 251

ATTACHMENT 34—Club/Media Regulations ................. 252

ATTACHMENT 35—Medical Issues .......................... 256

ATTACHMENT 36—Management of Concussions ............ 258

ATTACHMENT 37—Mini-Camps ............................. 272

ATTACHMENT 38—“Most Favored Nations” Provisions ...... 274

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ATTACHMENT 39—Rehabilitation Assignment

Consent Form............................ 275

ATTACHMENT 40—Social Media ............................ 276

ATTACHMENT 41—Tax Treatment of Allowances ............ 278

ATTACHMENT 42—Voidable Years ........................... 279

ATTACHMENT 43—Renewals of Outrighted Players .......... 280

ATTACHMENT 44—Contract Tender of Rule 5 Players ....... 281

ATTACHMENT 45—Qualifying Offers ....................... 282

ATTACHMENT 46—International Amateur Talent System ..... 287

ATTACHMENT 47—Clubhouse and Nutrition ................. 296

ATTACHMENT 48—Conflicts of Interest...................... 299

ATTACHMENT 49—Use of Media ............................ 300

ATTACHMENT 50—Hazing and Bullying ..................... 303

ATTACHMENT 51—International Play Plan, Rate Card

and Funding ............................. 305

ATTACHMENT 52—Joint Domestic Violence, Sexual Assault

and Child Abuse Policy .................. 308

ATTACHMENT 53—Mobile Devices .......................... 328

ATTACHMENT 54—On-Field Discipline ...................... 331

ATTACHMENT 55—MRI Guidelines.......................... 332

ATTACHMENT 56—Wearable Technology .................... 334

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APPENDIX A—Uniform Player’s Contract .................... 337

—Regulations ................................... 349

APPENDIX B—Rules of Procedure—Grievance

Arbitration Hearings .......................... 355

APPENDIX C—Travel Times .................................. 359

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2017–2021 BASIC AGREEMENT

This Agreement, effective December 1, 2016, is between the

30 Major League Clubs and the Major League Baseball Players

Association (hereinafter referred to as the “Players Association” or

the “Association”).

In making this Agreement the Association represents that it contracts

for and on behalf of the Major League Baseball Players and individu-

als who may become Major League Baseball Players during the term

of this Agreement, and the Clubs represent that they contract for and

on behalf of themselves, any additional Clubs which may become

members of the Major Leagues and the successors thereof.

ARTICLE I—Intent and Purpose

The intent and purpose of the Clubs and the Association (hereinafter

“the Parties”) in entering into this Agreement is to set forth their agree-

ment on certain terms and conditions of employment of all Major

League Baseball Players for the duration of this Agreement. Each of

the Parties acknowledges the rights and responsibilities of the other

Party and agrees to discharge its responsibilities under this Agreement.

ARTICLE II—Recognition

The Clubs recognize the Association as the sole and exclusive collec-

tive bargaining agent for all Major League Players, and individuals

who may become Major League Players during the term of this Agree-

ment, with regard to all terms and conditions of employment, provided

that an individual Player shall be entitled to negotiate in accordance

with the provisions set forth in this Agreement (1) an individual salary

over and above the minimum requirements established by this Agree-

ment and (2) Special Covenants to be included in an individual Uni-

form Player’s Contract, which actually or potentially provide

additional benefits to the Player.

ARTICLE III—Uniform Player’s Contract

The form of the Uniform Player’s Contract between a Club and a

Player is attached hereto as Appendix A, which is incorporated herein

by reference and made a part hereof.

During the term of this Agreement, no other form of Uniform Player’s

Contract will be utilized. Should the provisions of any Contract

between any individual Player and any of the Clubs be inconsistent

with the terms of this Agreement, the provisions of this Agreement

shall govern. Subject to the limitations set forth in Article IV below,

nothing herein contained shall limit the right of any Club and Player to

enter into Special Covenants in the space provided in a manner not

inconsistent with the provisions of this Agreement. The termination of

this Agreement shall not impair, limit or terminate the rights and duties

of any Club or Player under any Contract between any individual

Player and any of the Clubs.

ARTICLE IV—Negotiation and Approval of Contracts

A Player, if he so desires, may designate an agent to conduct on

his behalf, or to assist him in, the negotiation of an individual salary

and/or Special Covenants to be included in his Uniform Player’s Con-

tract with any Club, provided such agent has been certified to the

Clubs by the Association as authorized to act as a Player Agent for

such purposes.

The Association shall provide the Office of the Commissioner with a

comprehensive list of the certified Player Agent(s) whom each Player

has designated to act on his behalf for the purposes described in this

Article IV. The Association also shall provide the Office of the Com-

missioner with any changes to such Player Agent designations, includ-

ing the Player Agent designations of Players who have been added to

a Major League roster, on a weekly basis. In addition, the Association

will provide the Office of the Commissioner with notice of any revi-

sions to its regulations governing Player Agents, and a complete copy

of the revised regulations.

If the Association has notified the Office of the Commissioner that a

Player has designated a certified Player Agent or Agents to act on his

behalf for the purposes described in this Article IV, no Club may nego-

tiate or attempt to negotiate an individual salary and/or Special

Covenants to be included in a Uniform Player’s Contract with any

Player Agent(s) other than such Player Agent(s). No agent designation

shall be considered effective unless it was transmitted from the Asso-

ciation to the Office of the Commissioner.

A Club may require a Player’s physical presence only once during con-

tract negotiations. This limitation shall not apply to telephone confer-

ence calls, at reasonable times, with a Player and his certified Player

Agent. A Player required to be physically present during negotiations

during the offseason shall be entitled to be paid by the Club for round-

trip first-class transportation and first-class hotel costs, and a daily

meal and tip allowance, at the same rate as the in-season meal and tip

allowance provided under Article VII(B) for the immediately preced-

ing season, for that day and any additional travel days.

Upon execution of a Uniform Player’s Contract by the Club and

Player, the Club promptly shall submit the Contract, in duplicate, to

the Commissioner for approval. Within 20 days of receipt, the Com-

missioner shall approve or disapprove the Contract (with notice to the

Association), or provide the Association with a written explanation of

why the Contract has not been approved. This period is extended to

30 days if a Contract is received by the Commissioner between Feb-

ruary 15 and April 15. Within ten days after the Commissioner is to

provide an explanation of why a Contract has not been approved, the

Commissioner shall approve or disapprove the Contract. (See Attach-

ment l.) Any Grievance challenging the Commissioner’s conduct

under this Article shall be handled by the Parties on an expedited basis

with documents being exchanged within 10 days of the filing of the

Grievance, a hearing commencing within 15 days of the filing of the

Grievance and the Panel issuing an Award (with an opinion to follow,

if necessary) no later than 15 days following the commencement of

the hearing.

The Office of the Commissioner will provide copies of all newly

signed and approved Uniform Player’s Contracts as frequently as is

feasible, but no less frequently than on a monthly basis. Contracts not

yet approved or disapproved by the Commissioner will be made avail-

able to the Association upon its request.

ARTICLE V—Scheduling

A. Length of Season

During the term of this Agreement, each Club shall be scheduled to

play 162 games during each championship season. The 2017 champion-

ship season will not be scheduled over a period of less than 178 days

or more than 183 days. Beginning in 2018, each championship season

will not be scheduled over a period of less than 182 days or more than

187 days. If, however, any Club’s championship season is scheduled to

open with a game played outside of the United States and Canada, and

the scheduling of such a game causes the championship season for

those Clubs to be scheduled over a period of more than 183 days or

187 days beginning in 2018 (an “International Opener”), then the

championship season for all other Clubs shall commence on the date

of the first regularly scheduled championship season game within the

183 days (or 187 days beginning in 2018) preceding the regularly

scheduled end of the championship season. See Article VI(C).

Following completion of each championship season, ten Clubs shall

qualify for Post-Season play: the three Division Champions in each

League and the two other Clubs in each League with the highest per-

centage of wins in the championship season (Wild Card Clubs). In

each League, the two Wild Card Clubs shall play a single elimination

game. Thereafter, the three Division Champions in each League and

the winner of the Wild Card Game in that League shall engage in a best

of five (seven if the Division Series is expanded) Division Series. See

Attachment 25. The winners of the Division Series in each League

shall then engage in a best of seven League Championship Series, and

the winners of the two League Championship Series shall engage in a

best of seven World Series. If during the term of this Agreement the

format of the Wild Card Games, the Division Series, the League

Championship Series or the World Series is proposed to be changed,

the Clubs shall give the Association notice thereof and shall negotiate

the proposed change with the Association; provided, however, that if

during the term of this Agreement the Division Series is proposed to be

changed to the best of seven games, the Clubs shall give the Associa-

tion notice thereof and shall negotiate with the Association but the

Clubs shall not be required to negotiate with the Association over con-

tributions to the Players’ pool beyond those specified in Article X. Any

failure to play the Wild Card Games, the Division Series, the League

Championship Series or the World Series, in whole or in part, by rea-

son of causes beyond the control of the Clubs, shall not constitute a

change in the format of such Series or a breach of this Agreement.

During any negotiations between the Parties on the subject of a

renewal of or successor to this Agreement, the Clubs agree that any

proposal made by the Association to reduce the number of champion-

ship season games shall not be resisted on the ground of commitments

made by the Clubs in local television and radio contracts. However,

nothing herein shall interfere with or limit the right of the Clubs to

resist such proposal on any other ground or the right of either Party to

take any other position in future negotiations on this or any other

proper subject for collective bargaining.

B. Championship Schedules

On or before July 1 of each year, copies of the tentative championship

schedules of the Major Leagues for the next ensuing season shall be

submitted to the Association for review. The Office of the Commis-

sioner will use best efforts to include times of games. The Association

shall complete its review not later than September 1. Thereafter, the

Office of the Commissioner will promptly notify the Association of

proposed changes in the tentative championship schedules submitted

to the Association above.

C. Additional Scheduling Agreements

(1) Split doubleheaders may be included in the original schedule

pursuant to Section C(14) below. Provided that neither of the Clubs

involved in the proposed rescheduled game has already played or

has been rescheduled to play a total of three split doubleheaders

(exclusive of any splits in the original schedule) in that champion-

ship season:

(a) each Club shall have the right to reschedule any postponed

game as a split doubleheader when ticket sales for the game at the

time of postponement exceed, in any respect, the number of com-

parable tickets available to be exchanged by the Club for the bal-

ance of the championship season, and both the postponed and

rescheduled game occur in the last regularly scheduled series

between the two Clubs at the Club’s park; and

(b) when there is no practical alternative to doing so, the

Boston Red Sox and Chicago Cubs shall have the right to

reschedule a postponed game as a split doubleheader to be played

in, respectively, Fenway Park and Wrigley Field, even if the cri-

teria set out in subparagraph (a) above are not met. Scheduling a

postponed game as part of a conventional doubleheader will not

be considered a practical alternative.

The Association shall have the exclusive right to approve the addi-

tional rescheduling of postponed games as split doubleheaders in

circumstances that are not automatically permitted by subparagraph

(a) or (b) above. If the Association agrees to a split doubleheader

pursuant to the preceding sentence, it shall be scheduled for the

visiting Club’s next visit to the home Club’s park absent good

cause and agreement between the Office of the Commissioner and

the Association.

(2) One-day stands will not be scheduled except as doubleheaders

(to be followed by an open day) or as “openers,” provided that any

game played on the day following the opener does not start before

4 P.M. A game will not be rescheduled as a one-game stand except

as required to complete the championship schedule.

(3) During the championship season, no Club shall be scheduled

to play an exhibition game. For purposes of this paragraph (3), a

Spring Training or pre-season exhibition game that is scheduled to

commence at least three hours before the start of the first champion-

ship season game shall not be considered played “during the

championship season.”

(4) There shall be one off-day with no workouts scheduled either

after a Club breaks Spring Training camp and before the final pre-

season exhibition game, or between the last Spring Training or pre-

season exhibition game and the first championship season game.

Notwithstanding the foregoing, this off-day may be scheduled the

day after the Club opens the championship season if the Club is

selected to play on the first day of the championship season and the

first day of the championship season has five or fewer games. If the

off-day occurs after the start of the championship season, the Club

may hold a voluntary workout or travel on the off-day. If the off-day

occurs prior to the start of the championship season, a Club may not

hold a workout, voluntary or otherwise.

(5) The following shall apply to the scheduling or rescheduling

of games prior to day doubleheaders:

(a) a game will not be scheduled to start after 5 P.M. if either

Club is scheduled to play a day doubleheader the next day; and

(b) a game will not be rescheduled to start after 5 P.M. if

either Club is scheduled to play a day doubleheader the next day

unless such rescheduling is necessary to complete the champion-

ship schedule.

(6) Day games shall not be scheduled or (unless necessary to

complete the championship schedule) rescheduled to start before

1 P.M., except as provided in paragraph (7) below, and except that

such games may be scheduled or rescheduled to start between

Noon and 1 P.M., if each Club meets one of the following two

conditions:

(a) if an off-day occurred the previous day; or

(b) if a game were played in the same city within the previous

24 hours.

Day games may be scheduled or rescheduled to start between Noon

and 1 P.M. on holidays if each Club meets one of the above con-

ditions or if an afternoon game starting not later than 5 P.M. or a

doubleheader starting not later than 1:30 P.M. was played in

another city the previous day and the in-flight time required is 1

hours or less.

Notwithstanding the foregoing, day games may start at Noon on the

Opening Day of the championship season.

(7) With the approval of the Commissioner, not more than 4

games per League per year may be scheduled or rescheduled to start

between 10:30 A.M. and Noon, if, with respect to both Clubs, the

conditions stated in paragraph (6) above with respect to scheduling

and rescheduling of day games between Noon and l P.M. are met.

(8) For the 2017 championship season, a Club may not be sched-

uled to play a road game starting after 5 P.M. if such game is fol-

lowed by a home off-day, except under the following circumstances:

(a) the in-flight time between Major League cities for the

Club traveling home to an off-day is two hours or less;

(b) the in-flight time for the visiting Club traveling home to an

off-day is more than 2 hours and less than or equal to 2 hours and

10 minutes in length, and the travel does not require any West-to-

East change in time zones;

agreement; or

(d) the visiting Club is playing the Texas Rangers in Arlington,

Texas on or after June 1.

For the 2018 championship season, the latest possible start time

for getaway games on days when the visiting Club travels to a home

off-day or either Club travels to another game the following day shall

be determined by taking the portion of the in-flight time that exceeds

/2 hours, and subtracting that amount of time from 7 P.M. However,

the foregoing sentence shall not apply to getaway games that are

broadcast on ESPN’s “Sunday Night Baseball”; getaway games

played in Arlington, Texas after June 1 (unless the Texas Rangers

move to a climate-controlled home ballpark), or rescheduled games.

Additionally, each Club that is limited by its stadium lease agree-

ment or governmental regulation in the number of day games it may

play shall receive one exception annually to the rules set forth in this

Article V(C)(8), provided that the Club has applied for and has been

denied a waiver by its lessor or the relevant governmental authority.

For each subsequent season covered by this Agreement, unless

the Parties agree otherwise, the Association will notify the Commis-

sioner’s Office in writing on or before September 1 in the year prior

to the season whether it elects to (a) continue the terms in place for

the 2018 season set forth above; or (b) revert back to the terms in

place for the 2017 season set forth above.

All references to “in-flight time” in this Article V shall be as set

forth in Appendix C.

(9) For the 2017 championship season, getaway games shall not

be scheduled or rescheduled to start later than 5 P.M. if either Club

is required to travel for a day game the following day between cities

for which the in-flight time is more than 1

/2 hours. Each champion-

ship season schedule may contain six exceptions to the rule in the

immediately preceding sentence provided that the traveling Club is

traveling to Chicago to play the Cubs and the in-flight time does not

exceed 2

/2 hours.

Beginning with the 2018 championship season, no Club shall be

scheduled or rescheduled to start a game prior to 5 P.M. when one

of the Clubs played a game the prior evening in a different city with

a start time of 7 P.M. or later, except as follows:

(a) the in-flight time for the Club playing the prior evening is

/2 hours or less and the day game is on a holiday or is a home

opener;

(b) up to six instances per season where the traveling Club is

traveling to Chicago to play the Cubs and the in-flight time does

not exceed 2

/2 hours; or

of 1

/2 hours or less for any traveling Club.

(10) Beginning in 2018, Clubs shall consult with their Player

Representatives prior to the start of the season when determining

whether to travel to a road game immediately upon the conclusion

of a day game that is followed by an off-day or, alternatively, to

travel on the off-day.

(11) An open day shall be scheduled where travel from cities in

the Pacific Time Zone to cities in the Eastern Time Zone is required

except that the Office of the Commissioner may schedule up to seven

games per championship season in each League with a starting time

after 7 P.M. in the Eastern Time Zone which include a Club that the

day before played a game scheduled to start prior to 5 P.M. in the

Pacific Time Zone. In any championship season, however, no Club

may be scheduled to play more than one game in the Eastern Time

Zone the day after it has played a game in the Pacific Time Zone.

(12) No Club shall be scheduled, or rescheduled if practicable, to

play more than twenty consecutive dates without an open day. A

rained-out game may be rescheduled to an open date in the same

series, or to an open date at the end of the same series, if: (a) the

open date is a road off-day for the visiting Club, and (b) the resched-

uling does not result in the home team playing more than twenty-

four consecutive dates without an open day.

(13) Commencing with its second scheduled championship sea-

son game, a Club shall not be scheduled for more than two open

days in any seven-day period. No Club may be scheduled to have

more than ten open days prior to the twelfth week of the champion-

ship season. For purposes of this Article V(C)(13), a Club will not

be credited with an open day for any day of the championship sea-

son that precedes the Club’s first scheduled game.

(14) Doubleheaders shall not be scheduled on consecutive dates

in the original schedule. The original schedule may contain one

home split doubleheader for each Club.

(15) Twi-night doubleheaders will be limited in the original

schedule to three per home Club per season. A twi-night double-

header will not be scheduled on a getaway day.

(16) Only postponed, suspended and tied games shall be

rescheduled, except as may be required to accommodate network

television commitments or to comply with stadium leases, in any of

which events the rescheduling rules set forth in this Article V shall

apply; provided, however, that any game may be rescheduled for

any reason if as rescheduled it conforms to the rules governing the

original schedule.

(17) The All-Star break will contain four days, during which

time Club championship season games shall not be played.

Notwithstanding the preceding sentence, one game per season may

be scheduled on the Thursday following the Tuesday on which the

All-Star Game is played, provided that (i) no Club shall be sched-

uled more than once for this game during the term of the Basic

Agreement; (ii) the game must be scheduled no more than one time

zone away from the time zone in which that season’s All-Star Game

is played; and (iii) there is no Sunday night game immediately prior

to the All-Star Game. Further, any workout scheduled by a Club for

the off-days immediately following the All-Star Game shall be vol-

untary. No game on the Sunday night prior to the All-Star Game

shall be played in a location more than one time zone from the loca-

tion of that year’s All-Star Game and no Club shall be scheduled to

play the Sunday night prior to the All-Star Game more than once

during the term of the Basic Agreement, except to the extent neces-

sary to fulfill existing contractual or promotional commitments;

provided however, that in no circumstance shall a Club be required

to play such a Sunday night game in two consecutive years or more

than twice during the term of the Basic Agreement.

(18) With respect to the rescheduling of any game, except for

games rescheduled as split doubleheaders as set forth in Section

C(1), any scheduling or rescheduling rule set forth in this Article

V may be waived by the secret ballot vote of a majority of the

Players on the Club(s) that would be in violation of the rule. Sep-

arate votes shall be required with regard to each game for which a

waiver is sought. A waiver granted pursuant to this provision, as

well as a waiver granted by the Association pursuant to Section

C(1), shall not constitute a precedent with regard to future waiver

requests. With respect to the rescheduling of any such game, and

all games rescheduled pursuant to Section C(1), the Club(s) shall

consult with the Association concerning the actual date and time

of such rescheduled game. The Club(s) shall use best efforts to

notify the Association in advance of notifying the Players on the

Club(s) affected.

D. Interleague Play

Each Club may be scheduled to play up to twenty Interleague games

during each championship season. In each Interleague game at an

American League park, the Designated Hitter shall be used; at each

Interleague game at a National League park, the Designated Hitter

shall not be used.

Interleague play will be scheduled on a rotating division format (e.g.

American League East vs. National League East; American League

East vs. National League Central), but may also include no more than

one three- or four-game series, or two two-game series, each season

between prime interleague rivals. In the years when the corresponding

divisions are scheduled for Interleague play, two series of three or

fewer games against the prime interleague rival may be played.

ARTICLE VI—Salaries

Individual Player salaries shall be those as agreed upon between a

Player and a Club, as evidenced by the execution of a Uniform Player’s

Contract, subject to the following:

A. Minimum Salary

(1) The minimum rate of payment to a Player for each day of

service on a Major League Club shall be as follows:

2017—at the rate per season of $535,000;

2018—at the rate per season of $545,000;

2019—at the rate per season of $555,000;

2020—at the 2019 rate per season plus a cost of living adjust-

ment, rounded to the nearest $500, provided that the cost of liv-

ing adjustment shall not reduce the minimum salary below

$555,000;

2021—at the 2020 rate per season plus a cost of living adjust-

ment, rounded to the nearest $500, provided that the cost of liv-

ing adjustment shall not reduce the minimum salary below the

2020 rate per season.

(2) For all Players (a) signing a second Major League contract

(not covering the same season as any such Player’s initial Major

League contract) or a subsequent Major League contract, or (b) who

have at least one day of Major League service, the minimum salary

shall be as follows:

(i) for Major League service—at a rate not less than the Major

League minimum salary;

(ii) for Minor League service—at a rate not less than the fol-

lowing:

2017—at the rate per season of $87,200;

2018—at the rate per season of $88,900;

2019—at the rate per season of $90,400;

2020—at the 2019 rate per season plus a cost of living

adjustment, rounded to the nearest $100, provided that the cost

of living adjustment shall not reduce the minimum salary

below $90,400;

2021—at the 2020 rate per season plus a cost of living

adjustment, rounded to the nearest $100, provided that the cost

of living adjustment shall not reduce the minimum salary

below the 2020 rate per season.

(3) For all Players signing a first Major League contract, the

minimum salary for Minor League service shall be as follows:

2017—at the rate per season of $43,600;

2018—at the rate per season of $44,500;

2019—at the rate per season of $45,300;

2020—at the 2019 rate per season plus a cost of living adjust-

ment, rounded to the nearest $100, provided that the cost of liv-

ing adjustment shall not reduce the minimum salary below

$45,300;

2021—at the 2020 rate per season plus a cost of living adjust-

ment, rounded to the nearest $100, provided that the cost of liv-

ing adjustment shall not reduce the minimum salary below the

2020 rate per season.

(4) (a) Cost of living adjustments for the minimum salaries

described in paragraphs (1), (2) and (3) above shall be computed as

follows to determine the applicable 2020 salary rate: the applicable

minimum salary rate for the 2019 season shall be multiplied by a

fraction, the numerator of which is the Consumer Price Index for

Urban Wage Earners and Clerical Workers published by the Bureau

of Labor Statistics (CPIW) for October 2019 and the denominator of

which is the CPIW for October 2018.

(b) Cost of living adjustments for the minimum salaries

described in paragraphs (1), (2) and (3) above shall be computed

as follows to determine the applicable 2021 salary rate: the appli-

cable minimum salary rate for the 2020 season shall be multi-

plied by a fraction, the numerator of which is the Consumer Price

Index for Urban Wage Earners and Clerical Workers published by

the Bureau of Labor Statistics (CPIW) for October 2020 and the

denominator of which is the CPIW for October 2019.

See Attachment 31.

B. Maximum Salary Reduction

(1) Maximum Salary Cut Rule

A Club may not tender, sign or renew a Player under reserve to

the Club pursuant to Article XX(A) of this Agreement and para-

graph 10(a) of the Uniform Player’s Contract to a Uniform Player’s

Contract that provides a salary for:

(a) Major League service that constitutes a reduction in

excess of 20% of his salary for Major League service in the pre-

vious season or in excess of 30% of his salary for Major League

service two seasons prior to the first season covered by the new

contract; or

(b) Minor League service as calculated under Section 2(c)

below that constitutes a reduction in excess of 50% of his salary

for Minor League service in the previous season.

(2) Calculation of Previous Seasons Salaries

(a) Single-Year Contract—Previous Major League Salaries

In order to calculate a Player’s salary for Major League serv-

ice in the previous season or two seasons prior to the first season

covered by the new contract, the following steps shall be taken:

(i) Base Salary. The Player’s “Base Salary” shall be the

rate of pay for Major League service contained in paragraph 2

of the contract, or in any special covenant thereto. The Base

Salary shall be adjusted in accordance with paragraphs

2(a)(ii)-(v) below to determine the Player’s salary.

(ii) Deferred Compensation Adjustment. If any deferred

compensation is included in the Base Salary, the Base Salary

shall be adjusted to reflect the discounted present value of the

deferred amount.

(iii) Signing Bonus Adjustment. If the contract contains a

signing bonus, the signing bonus shall be added to the Base

Salary. If any portion of the signing bonus is deferred, the

present value of the signing bonus shall be used for purposes

of the calculation in this paragraph 2(a)(iii).

(iv) Performance Bonus Adjustment. If the contract con-

tains performance bonuses, regardless of whether or not any

portion of the bonus is earned, the Club has the option of either

adding the entire bonus (both earned and unearned portions) in

the Base Salary, or excluding it from the Base Salary but

repeating the bonus on the same terms.

(v) Other Forms of Compensation Adjustment. If the con-

tract contains any other forms of compensation, the determina-

tion of whether the compensation shall be included in the

salary calculation will be determined in accordance with the

facts in each situation. Amounts that are payable on the occur-

rence of a specific event or events shall not be included in

Base Salary if such event or events fail to occur within the

specified period. If the item is included, the Club has the

option of either including the value of the item in the Base

Salary, or excluding it from Base Salary but repeating the item

on the same terms.

The following is a nonexhaustive list of other forms of com-

pensation:

(A) payments for performing services for a Club in addi-

tion to skilled services as a baseball player;

(B) cash, lump sum, payments made in accordance with

agreed upon special covenants to compensate for trading a

Player, releasing a Player, etc.;

Player by a Club;

(D) any compensation for postactive Major League

Baseball playing career employment; and

(E) other payments or things of value not specifically

made for performance as a Major League Baseball Player.

(b) Multi-Year Contract—Previous Major League Salaries

In order to calculate a Player’s salary for Major League serv-

ice in the previous season or two seasons prior to the first season

covered by the new contract, the following steps shall be taken:

(i) Base Salary

(A) If the annual rates of pay contained in paragraph 2

of the contract, or in any special covenant thereto, satisfy

the maximum salary cut rule, the rate of pay stipulated in

the contract for the year at issue shall be the Player’s Base

Salary.

(B) If the annual rates of pay contained in paragraph 2 of

the contract, or in any special covenant thereto, do not satisfy

the maximum salary cut rule, the average annual value

(“AAV”) of the contract shall be the Player’s Base Salary

for the year at issue. The AAV shall be calculated by aver-

aging the rates of pay contained in paragraph 2 of the con-

tract (or any special covenants thereto) for each year of the

contract. If deferred compensation is contained in any year

of the multi-year contract, the present value of the deferred

amount will be used for purposes of calculating the AAV.

with paragraphs 2(b)(ii)-(iv) below to determine a Player’s

salary.

(ii) Signing Bonus Adjustment. If the contract contains a

signing bonus, the bonus, irrespective of payment dates, shall

be prorated and included in equal amounts as part of the Base

Salary for each year of the contract. If any portion of the sign-

ing bonus is deferred beyond the expiration of the contract, the

present value of the signing bonus shall be used for purposes

of the calculation in this paragraph 2(b)(ii).

(iii) Performance Bonus Adjustment. If the year of the

multi-year contract at issue contains performance bonuses,

they shall be treated in the same manner as in paragraph

2(a)(iv) above.

(iv) Other Forms of Compensation Adjustment. If the

year of the multi-year contract at issue contains any other

forms of compensation, they shall be treated in the same man-

ner as in paragraph 2(a)(v) above.

In order to calculate a Player’s salary for Minor League serv-

ice in the previous season, the following steps shall be taken:

(i) Contracts That Do Not Contain a Separate Rate of Pay

for Minor League Service. If a single year contract, or the rel-

evant year of a multi-year contract, does not contain a separate

rate of pay for Minor League service, the Player’s salary for

Minor League service in the previous season shall be deemed

to be the same as his salary for performing Major League serv-

ice as calculated pursuant to paragraph 2(a) or 2(b) above.

(ii) Contracts that Contain a Separate Rate of Pay for Minor

League Service.

(A) If a single-year contract, or the relevant year of a

multi-year contract, contains a separate rate of pay for

Minor League service, and the rate of pay is higher than the

Major League minimum salary for the preceding season

contained in Article VI(A)(1), the Player’s salary for Minor

League service in the previous season shall be the rate of

pay for Minor League service that is stipulated in the con-

tract. For purposes of this paragraph 2(c)(ii)(A), the stipu-

lated rate of pay for Minor League service contained in the

contract shall not be adjusted to account for a signing

bonus, performance or award bonuses, or any other forms

of compensation provided for by the contract.

(B) If a single-year contract, or the relevant year of a

multi-year contract, contains a separate rate of pay for

Minor League service, and that rate of pay is lower than

the Major League minimum salary for the prior season

contained in Article VI(A)(1), the Player’s salary for

Minor League service in the previous season shall be the

greater of the total amount of the Player’s actual baseball

salary earnings (defined below) in that season, or the rate

of pay stipulated for Minor League service in the Player’s

contract for that season. A Player’s “actual baseball salary

earnings” for purposes of this paragraph 2(c)(ii)(B) shall

include only those amounts paid to the Player as salary for

performing services in the Major or Minor Leagues, and

shall not include signing bonuses, performance or award

bonuses, or any other forms of compensation provided for

by the contract.

(d) Fines or Suspensions

The calculation of a Player’s previous year salaries shall

include amounts which were not paid to a Player for the season

by reason of any fine or suspension which may have been

imposed on the Player, or by reason of any deduction from

salary.

(e) Option Years

Option years shall be included as a year of the contract if the

option had been fully exercised at the time of the tender, signing

or renewal.

(3) Disputes

In the event of a dispute regarding a contract tender, signing or

renewal with respect to any form of additional compensation

referred to in paragraph (2)(a)(v) or 2(b)(iv) above, either the

Player or Club may file a Grievance in order to obtain a determi-

nation with respect thereto as the exclusive means of resolving

such dispute, and both parties shall be bound by the resulting

decision. The contract tender, signing or renewal shall be altered

as necessary to conform to the decision, and such tender, signing

or renewal shall remain valid.

C. Standard Length of Season

For the purpose of calculating a Player’s daily rate of pay, a champion-

ship season shall be deemed to commence on the date of the first reg-

ularly scheduled championship season game and to conclude on the

date of the last regularly scheduled championship season game. This

rule shall apply uniformly to all Players and all Clubs, notwithstanding

differences in a particular Club’s schedule, except as provided other-

wise by Article V(A) and Article XXV.

D. Salary Continuation—Military Encampment

Payment of Player salaries shall be continued throughout any period in

which a Player is required to attend a regularly scheduled military

encampment of the Reserve of the Armed Forces or of the National

Guard during the Club’s playing season.

E. Salary Arbitration

The following salary arbitration procedure shall be applicable:

(1) Eligibility.

(a) General Rule. Any Player with a total of three or more

years of Major League service, however accumulated, but with

less than six years of Major League service, may submit the issue

of the Player’s salary to final and binding arbitration without the

consent of the Club, subject to the provisions of paragraph (3)

below. Nothing contained herein shall limit the right of any

Player, with the consent of the Club, to submit the issue of his

salary to final and binding arbitration.

(b) “Super Two” Players. In addition, a Player with at least

two but less than three years of Major League service shall be eli-

gible for salary arbitration if: (a) he has accumulated at least 86

days of service during the immediately preceding season; and (b)

he ranks in the top 22% (rounded to the nearest whole number)

in total service in the class of Players who have at least two but

less than three years of Major League service, however accumu-

lated, but with at least 86 days of service accumulated during the

immediately preceding season. If two or more Players are tied at

22%, all such Players shall be eligible.

(2) Notice of Submission

The Association and Major League Baseball Labor Relations

Department (“LRD”) will confirm the list of arbitration eligible

players promptly after the tender date. The Association and the

LRD shall exchange salary figures on the Exchange Date, set

forth in the schedule below:

ear Exchange Date

2017 Friday, January 13

2018 Friday, January 12

2019 Friday, January 11

2020 Friday, January 10

2021 Friday, January 15

It shall be the responsibility of the Association prior to the

Exchange Date to obtain the salary figure from the Player, and

the LRD shall have a similar responsibility to obtain the Club’s

figure.

(3) Withdrawal from Arbitration. In the event the Club and

Player reach agreement on salary before the arbitration panel

reaches a decision, the matter shall be deemed withdrawn from arbi-

tration; provided, however, that any agreements that have not been

reported both to the Association and the LRD by 1 P.M. Eastern

Time on the Exchange Date shall not be confirmed until after the

Club and Player exchange numbers.

(4) Form of Submission. The Player and the Club shall

exchange with each other in advance of the hearing single salary

figures for the coming season (which need not be figures offered

during the prior negotiations) and then shall submit such figures to

the arbitration panel. At the hearing, the Player and Club shall

deliver to the arbitration panel an executed Uniform Player’s Con-

tract, complete except for the salary figure to be inserted in para-

graph 2. Upon submission of the salary issue to arbitration by either

Player or Club, the Player shall be regarded as a signed Player

(unless the Player withdraws from arbitration as provided in para-

graph (3) above).

(5) Selection of Arbitrators. The Association and the LRD shall

annually select the arbitrators. In the event they are unable to agree

by January 1 in any year, they jointly shall request that the Ameri-

can Arbitration Association furnish them lists of prominent, profes-

sional arbitrators. Upon receipt of such lists, the arbitrators shall be

selected by alternately striking names from the lists. All cases shall

be assigned to three-arbitrator panels. The Association and the LRD

shall designate one arbitrator to serve as the panel chair.

(6) Location of Hearings. The single hearing site for each year

will be agreed upon by the Parties with preference being given to

either Los Angeles, Tampa/Orlando, or Phoenix.

(7) Conduct of Hearings. The hearings shall be conducted on a

private and confidential basis. Each of the parties to a case shall be

limited to one hour for initial presentation and one-half hour for

rebuttal and summation. Cross-examination of witnesses shall not

count against the aforesaid time limitations, and such time limita-

tions may be extended by the arbitration panel for good cause.

The parties shall exchange all written materials to be utilized in

their respective initial presentations at the outset of a hearing. The

order of presentation shall be as follows:

(a) Player’s initial presentation;

(b) Club’s initial presentation;

(d) Club’s rebuttal and summation;

(e) Player’s surrebuttal, which shall be very brief and offered

to respond to new issues raised during the Club’s rebuttal; and

(f) If requested by the Club, the Panel may, at its discretion,

allow the Club very brief surrebuttal to respond to new issues

raised by the Player.

Notwithstanding this order of presentation, neither party shall

carry the burden of proof.

(8) Continuances, Adjournments or Postponements. There

shall be no continuances or adjournments of a hearing, but the com-

mencement of a hearing may be postponed by the arbitration panel

upon the application of either the Player or Club based upon a show-

ing of substantial cause. Any request for the postponement of a

scheduled hearing shall be made to the panel chair in writing, with

copies to the Association and the LRD. Disclosure of individual

votes by panel members shall be in accordance with paragraph (13)

below.

(9) Hearing Costs. The Player and Club shall divide equally the

costs of the hearing, and each shall be responsible for his own

expenses and those of his counsel or other representatives.

(10) Criteria

(a) The criteria will be the quality of the Player’s contribu-

tion to his Club during the past season (including but not limited

to his overall performance, special qualities of leadership and

public appeal), the length and consistency of his career contribu-

tion, the record of the Player’s past compensation, comparative

baseball salaries (see paragraph (11) below for confidential

salary data), the existence of any physical or mental defects on

the part of the Player, and the recent performance record of the

Club including but not limited to its League standing and atten-

dance as an indication of public acceptance (subject to the exclu-

sion stated in subparagraph (b)(i) below). Except as set forth in

subsections 10(b) and 10(c) below, any evidence may be submit-

ted which is relevant to the above criteria, and the arbitration

panel shall assign such weight to the evidence as shall appear

appropriate under the circumstances. The arbitration panel shall,

except for a Player with five or more years of Major League

service, give particular attention, for comparative salary pur-

poses, to the contracts of Players with Major League service not

exceeding one annual service group above the Player’s annual

service group. This shall not limit the ability of a Player or his

representative, because of special accomplishment, to argue the

equal relevance of salaries of Players without regard to service,

and the arbitration panel shall give whatever weight to such

argument as is deemed appropriate.

(b) Evidence of the following shall not be admissible:

(i) The financial position of the Player and the Club;

(ii) Press comments, testimonials or similar material bear-

ing on the performance of either the Player or the Club, except

that recognized annual Player awards for playing excellence

shall not be excluded;

(iii) Offers made by either Player or Club prior to arbitra-

tion;

(iv) The cost to the parties of their representatives, attor-

neys, etc.;

(v) Salaries in other sports or occupations.

shall be admissible. For purposes of this provision, publicly

available statistics shall include data available through subscrip-

tion-only websites (e.g., Baseball Prospectus). Statistics and data

generated through the use of performance technology, wearable

technology, or “STATCAST”, whether publicly available or not,

shall not be admissible.

(11) Confidential Major League Salary Data. For its confiden-

tial use, as background information, the arbitration panel will be

given a tabulation showing the minimum salary in the Major

Leagues and salaries for the preceding season of all players on

Major League rosters as of August 31, broken down by years of

Major League service. The names and Clubs of the Players con-

cerned will appear on the tabulation. In utilizing the salary tabula-

tion, the arbitration panel shall consider the salaries of all

comparable Players and not merely the salary of a single Player or

group of Players.

(12) Prohibition Regarding Competitive Balance Tax. No par-

ticipant in a salary arbitration shall refer in any fashion, either orally

or in writing, to any of the provisions in Article XXIII (Competitive

Balance Tax). No salary arbitration panel shall consider in any fash-

ion any of the provisions in Article XXIII (Competitive Balance

Tax).

(13) Timetable and Decision. Arbitration hearings shall be

scheduled to be held from February 1 to February 20 absent a con-

trary agreement of the Parties. The arbitration panel may render the

decision on the day of the hearing, and shall make every effort to

do so not later than 24 hours following the close of the hearing. The

arbitration panel shall be limited to awarding only one or the other

of the two figures submitted. There shall be no opinion. There shall

be no release of the arbitration award by the arbitration panel

except to the Club, the Player, the Association and the LRD. The

panel chair shall initially inform the Association and the LRD of

the award only and not how the panel members voted. The panel

chair shall disclose to the Association and the LRD the individual

votes of the panel members on each March 15 following the Feb-

ruary hearings. The panel chair shall insert the figure awarded in

paragraph 2 of the executed Uniform Player’s Contract delivered at

the hearing and shall forward the Contract to the Office of the

Commissioner.

ARTICLE VII—Expenses and Expense Allowances

A. Transportation and Travel Expenses

Each Club shall pay the following expenses of Players:

(1) All proper and necessary traveling expenses of Players while

“abroad,” or traveling with the Club in other cities, including board,

and first-class jet air and hotel accommodations, if practicable, for

any travel that is directed, requested or required by the Club. Play-

ers who have reported to the Minor Leagues at the time of the event,

transaction, direction or request that results in the travel will receive

travel expenses in accordance with past practice as set forth in Article

XIX(B) and (C)(3)(d). Home games which are scheduled or

rescheduled away from the park of the home Club shall be consid-

ered road games for the purposes of Players’ meal and tip

allowances, hotel accommodations and transportation.

(a) Air Travel. On regularly scheduled commercial flights,

when first-class accommodations cannot practicably be provided,

the Club shall provide a single seat in the next highest premium

seating classification that is available. When first-class accom-

modations cannot practicably be provided and Players travel in

the coach section, the Club shall provide three seats for each two

Players and first-class meals. If a Player is booked in a single seat

and an upgrade to a higher classification seat becomes available

for purchase, the Player may purchase such upgrade and the Club

shall reimburse the Player for the cost of the upgrade. Beginning

in 2018, all in-season and post-season air travel shall be non-stop.

(b) Hotel Accommodations. Each Club shall give written

notice to the team’s Player Representative and the Association,

prior to December 1 of each year, of the hotels, including hotels

in the Club’s home city and Spring Training hotels, that the Club

intends to utilize during the next succeeding season. Beginning in

2018, all hotels utilized by the Club while on the road shall have

meals available (in-room or otherwise) until at least 1:00 A.M.;

provided, however, that each Club’s Player Representative may

waive this requirement.

Each Player traveling with his Club on the road shall have sin-

gle rooms in the Club’s hotels on all road trips during the Club’s

Spring Training, championship season and post-season. Nothing

herein shall prohibit the Clubs from making or continuing agree-

ments with individual Players that provide more favorable

arrangements for such Players.

travel to the first game of such season, no Club, absent extraordi-

nary circumstances that make travel by plane impossible, may

travel by bus between games if the distance between the two

cities is, by the most direct highway route, more than 200 miles

(one way).

During the championship season, the visiting Club shall

schedule two bus trips to transport Players from the team hotel to

the ballpark for each game. The bus trips to the ballpark shall be

staggered in time—one early trip and one late trip. For bus trans-

portation during Spring Training, each Club shall provide two

adjacent seats for every Player.

(2) First-class jet air fare and meals en route, of Players to their

homes at the end of the season, regardless of where the Club fin-

ished its season. If the Club finishes its season “abroad” and appro-

priate transportation is not provided back to the Club’s home city,

any Player who elects to return home via the Club’s home city shall

be paid an amount equal to the first-class jet air fare and meals en

route back to the Club’s home city plus the first-class jet air fare and

meals en route from the Club’s home city to the Player’s home. A

Player who has more than one home shall receive payment based on

the home to which he actually travels.

(3) All necessary traveling expenses, including first-class jet air

fare and meals en route, of Players from their homes to the Spring

Training place of the Club, whether they are ordered to go there

directly or by way of the home city of the Club. A Player who has

more than one home shall receive payment based on the home from

which he actually travels.

(4) In the case of assignment of a Player’s contract during the

championship season or during Spring Training, all traveling

expenses, including first-class jet air fare and meals en route, of the

Player as may be necessary to enable him to report to the assignee

Club. The Club shall also reimburse the Player for all travel

expenses, including first-class jet air fare and meals en route, for the

Player’s spouse for one assignment during the championship sea-

son. Such expenses may not be claimed by the Player as part of his

moving expenses under Article VIII(C), unless not paid under this

provision. A Club may offset such expenses against any moving

allowance provided pursuant to Article VIII(A).

(5) In the case of termination by the Club of a Player’s contract

during the championship season or during Spring Training, reason-

able traveling expenses, including first-class jet air fare and meals

en route, to the Player’s home city.

(6) In the event a Player is required to attend a regularly sched-

uled military encampment of the Reserve of the Armed Forces or of

the National Guard during the championship season or during

Spring Training, the Player’s air fare to and from the encampment.

B. In-Season Meal and Tip Allowance

(1) During the championship season, each Player shall receive a

daily meal and tip allowance for each date a Club is on the road and

for each traveling day. No deductions will be made for meals served

on an airplane.

(2) If, when a Club departs from the home city, Players are

required to report for departure at or prior to Noon, Players will

receive the full daily allowance for that date; if Players are required

to report for departure after Noon, Players will receive one-half of

the daily allowance for that date. Returning to the home city, if

arrival is later than 6 P.M., Players will receive the full daily

allowance; if arrival is at or prior to 6 P.M., Players will receive one-

half of the daily allowance.

(3) During the 2017 championship season, the daily allowance

shall be $30.00. Notwithstanding the foregoing, during the 2017

championship season, the daily allowance shall be $102.00 for

Players entitled to the in-season meal and tip allowance pursuant to

Articles IV, VII(D), VII(F)(1), (3), (4), and (5), XIV(D),

XV(E)(3)(d), XV(N)(6), XIX(C)(3)(d), Attachment 15, or for any

day on the road or traveling day that the Club does not provide a

meal in the Clubhouse pursuant to Attachment 47; provided, how-

ever, that on any day a scheduled game is postponed, the daily

allowance shall be $30.00 if the postponement occurs within two

hours of the scheduled first pitch and $102.00 if the postponement

occurs more than two hours prior to the scheduled first pitch. Dur-

ing the 2018, 2019, 2020 and 2021 championship seasons, the daily

allowance shall be the prior season’s allowance plus a cost of living

adjustment rounded to the nearest $.50 as calculated in Article

VII(B)(4) below. The daily allowances described herein shall not be

reduced below $30.00 and $102.00, respectively, for the term of the

Basic Agreement.

(4) Cost of living adjustments shall be computed as follows.

(a) To determine the allowance figure effective for the 2018

season, the allowance figure for the 2017 season, as adjusted,

shall be multiplied by a fraction, the numerator of which is the

Consumer Price Index for Urban Wage Earners and Clerical

Workers (CPIW) published by the Bureau of Labor Statistics for

October 2017 and the denominator of which is the CPIW for

October 2016.

(b) To determine the allowance figure effective for the 2019

season, the allowance figure for the 2018 season, as adjusted,

shall be multiplied by a fraction, the numerator of which is the

CPIW for October 2018 and the denominator of which is the

CPIW for October 2017.

season, the allowance figure for the 2019 season, as adjusted,

shall be multiplied by a fraction, the numerator of which is the

CPIW for October 2019 and the denominator of which is the

CPIW for October 2018.

(d) To determine the allowance figure effective for the 2021

season, the allowance figure for the 2020 season, as adjusted,

shall be multiplied by a fraction, the numerator of which is the

CPIW for October 2020 and the denominator of which is the

CPIW for October 2019.

See Attachment 31.

(5) Each Club shall provide the daily allowance to Players on a

daily basis or in advance. Each Club is permitted to distribute the

allowance in cash, by direct deposit or on a check card. To the max-

imum extent possible, each Club shall provide the daily allowance

pursuant to an accountable plan whereby to the maximum extent

possible the daily allowance will be excluded from a Player’s gross

income. See Attachment 41.

C. Spring Training Allowances

(1) During the 2017 Spring Training season, each Player shall

receive a base weekly allowance of $320.50, and each Player living

away from the Club’s Spring Training headquarters also shall

receive a base supplemental weekly allowance of $57.00. During

the 2018, 2019, 2020 and 2021 seasons, the weekly and supplemen-

tal allowances shall be the prior season’s allowance plus the cost of

living adjustment rounded to the nearest $.50. Notwithstanding the

foregoing, the weekly allowance will not be reduced below

$320.50, and the supplemental allowance will not be reduced below

$57.00 during the term of the Basic Agreement.

(2) A Player living away from the Club’s Spring Training head-

quarters shall receive the following daily meal and tip allowance

(except that Players who make an overnight trip shall receive for the

day following the night on the road the daily championship season

meal and tip allowance in lieu of the daily allowance provided in

this paragraph). No deduction shall be made for lunch or sand-

wiches served at the ballpark. In 2017, the base daily allowance

shall be $91.00. In 2018, 2019, 2020 and 2021, the daily allowance

shall be the prior season’s allowance plus the cost of living adjust-

ment rounded to the nearest $.50. Notwithstanding the foregoing,

the daily allowance will not be reduced below $91.00 during the

term of the Basic Agreement.

Players living at the Club’s Spring Training headquarters also

shall receive the daily meal and tip allowance if the Club does not

otherwise provide meals. No Player shall be required to sign meal

checks or take his meals in lieu of receiving the daily meal and tip

allowance.

(3) All players who are assigned to a Major League Spring

Training camp shall receive the allowances set forth in Section C(1)

and (2) above, except that any non-roster players assigned to a

Major League Spring Training camp shall receive the allowances

only if they have Major League service at or above the prior sea-

son’s cut-off for obtaining salary arbitration eligibility as a “Super

Two.” (See Article VI(E)(1).) All players who are not assigned to a

Major League Spring Training camp, but who are in uniform for a

Major League Spring Training game, shall receive the daily

allowance set forth in Section C(2) above for each such game.

(4) A Player living away from the Club’s Spring Training head-

quarters shall receive a room allowance of $40.00 per day.

(5) Cost of living adjustments shall be computed as set forth in

Section B(4) above.

(6) Each Player shall receive first-class hotel accommodations

and the in-season meal and tip allowance set forth in Section B

above for the period between when a Club breaks Spring Training

camp and Opening Day, provided that the Player is playing at his

Club’s home city and does not have a personal residence in his

Club’s home city.

(7) Each Club must provide the base weekly Spring Training

allowance to Players on a weekly basis and the daily tip allowance

on a daily basis or in advance. Each Club is permitted to distribute

these allowances in cash, by direct deposit or on a check card. To the

maximum extent possible, each Club shall provide Spring Training

allowances pursuant to an accountable plan whereby to the maxi-

mum extent possible such allowances will be excluded from a

Player’s gross income. See Attachment 41.

D. All-Star and Home Run Derby Participant Benefits

Each player elected or selected to the All-Star team or as a participant

in the Home Run Derby and who attends the event shall receive the

following: (a) six complimentary tickets to the All-Star Game and

Home Run Derby for use by player guests (players may request fewer

complimentary tickets and players may purchase additional tickets for

guests in accordance with past practice); (b) first-class air transporta-

tion for himself and two guests (to the extent that such expenses are

actually incurred); (c) first-class hotel accommodations for himself

and two guests (up to two rooms, if necessary) for a maximum of three

days; (d) the applicable in-season meal and tip allowance for three

days; (e) a $1,000 cash stipend; (f) a gift from the player’s League; and

(g) merchandise that is made available by Major League Baseball’s

business partners. Players elected or selected to the All-Star team also

shall receive a ring and, if they are attending their 5th, 10th or 15th All-

Star Game as an All-Star, shall also receive a gift/memento and special

recognition. See Article XV(N)(6).

E. In-Season Supplemental Allowances

(1) A Player shall be entitled to receive the “in-season supple-

mental allowance” provided by this Section E if:

(a) his contract is assigned by a Minor League club to a Major

League Club,

(b) he had no Major League service (or his entire Major

League service is only after the preceding August 31) and is on a

Major League Club’s Opening Day roster, or

Major League Club during the championship season or after the

sixteenth day prior to the start of the championship season.

(2) A Player entitled to receive the in-season supplemental

allowance shall be treated by the assignee Club as if he were on the

road for each of the first seven days of the assignment in the

assignee Club’s home city, to include the assignee Club providing

the Player with first-class hotel accommodations and the applicable

daily meal and tip allowance described in paragraphs (3) and (4) of

Section B for this period. If this entitlement arises under paragraph

(1)(a) or (b) above, first-class hotel accommodations shall be pro-

vided at the Club’s expense or an allowance for housing expenses,

not to exceed the first-class hotel accommodations rate, shall be pro-

vided to the Player in advance on a daily basis, as long as the Player

incurs actual housing expenses.

(3) This in-season supplemental allowance shall be provided auto-

matically to such a Player in advance (a) at the time of the assignment

for assignments between Major League Clubs, and (b) on a daily basis

if the entitlement arises under paragraph 1(a) or (b) above.

Clubs shall, by the fifth day after the end of each month of the

championship season, provide the Players Association with a list of

the Players who were paid the in-season supplemental allowance

during the preceding month and the amount of each allowance. The

list should identify each Player added to the Major League roster

during the preceding month (including, for the first list of the sea-

son, each Player on the Opening Day roster), the amount of the

allowance paid to each, and the dates each was provided with first-

class hotel accommodations or an allowance for housing expenses.

(4) This Section E shall apply to each such assignment made dur-

ing a championship season. For a covered assignment from a Minor

League club to a Major League Club made during the off-season,

the Player shall be entitled to the benefits provided by this Section

E only for the days he serves on a Major League Club’s active ros-

ter before his contract is reassigned to a Minor League club.

(5) Any Player who does not have a personal residence in the

Club’s home city and whose Club: (i) is selected to play on the first

day of the championship season, and (ii) elects to schedule the off-

day required by Article V(C)(4) the day after Opening Day rather

than prior to Opening Day, shall be entitled to first-class hotel

accommodations and the daily meal and tip allowance under this

Section E for the first two days of the championship season (i.e.,

Opening Day and the off-day following Opening Day).

(6) A Player whose contract is assigned by a Minor League club

to a Major League Club shall be entitled to receive the “in-season

supplemental allowance” set forth in this Article VII(E) if the Player

is recalled or selected from a Minor League affiliate in the same

metropolitan area as the Major League Club, but only if the Player

incurs actual housing expenses within the meaning of Article

VII(E)(2).

(7) A Player returning to a Major League Club following an

assignment to a Minor League affiliate shall be entitled to receive

the “in-season supplemental allowance” set forth in this Article

VII(E) only if he actually reported to the Minor League club.

(8)

A Player entitled to receive this in-season supplemental

allowance shall not also be entitled to any portion of the in-season meal

and tip allowance under Article VII(B) attributable to the same day.

F. Allowances for Disabled Players

A Player who performs prescribed rehabilitation work will receive the

allowances set forth below depending on the location of the rehabilita-

tion. The applicable allowances (if any) will be provided without

deduction irrespective of whether the Club directs the Player to per-

form rehabilitation work at the site pursuant to its rights under the

Basic Agreement, or the Player voluntarily agrees to perform rehabili-

tation work at a particular site with the consent of the Club.

(1) Rehabilitation in the Club’s Home City During the

Championship Season

A Player who performs prescribed rehabilitation work in the

Club’s home city during the championship season shall receive the

applicable in-season meal and tip allowance under Article VII(B)(1)

when the Club is on the road, but only if the Player is residing at a

hotel or motel in the metropolitan area of the Club that is not the

Player’s permanent residence for the championship season.

(2) Rehabilitation on the Road with the Club During the

Championship Season

A Player who performs prescribed rehabilitation work while trav-

eling with the Club on the road during the championship season

shall receive first-class jet air and hotel accommodations in accor-

dance with Article VII(A)(1), and the applicable in-season meal and

tip allowance under Article VII(B)(1).

(3) Rehabilitation at the Club’s Spring Training Facility During

the Championship Season

(a) A Player who performs prescribed rehabilitation work at

the Club’s Spring Training facility during the championship sea-

son shall receive first-class jet air and hotel accommodations in

accordance with Article VII(A)(1), the applicable in-season meal

and tip allowance under Article VII(B)(1), and reimbursement for

the actual cost of a mid-size rental car in accordance with Section

F(7) below, regardless of whether his Club is at home or traveling

on the road. In addition, any Player with at least five years of

Major League service who performs prescribed rehabilitation

work at the Club’s Spring Training facility also shall be entitled to

receive first-class jet air and hotel accommodations for his imme-

diate family, and reimbursement for the cost of a family-size

rental car in accordance with Section F(7) below, provided that the

anticipated or actual duration of the rehabilitation work is at least

20 days.

(b) Notwithstanding paragraph (3)(a) above, Players on the

Active List of the Arizona Diamondbacks, Miami Marlins or

Tampa Bay Rays, within the meaning of Article XXI(A) of the

Basic Agreement, who perform prescribed rehabilitation work at

the Club’s Spring Training facility during the championship sea-

son and whose in-season residence is less than or equal to 50

miles (measured by Google Maps driving distance) from the

Club’s Spring Training facility, will receive the in-season meal

and tip allowance when their Club is on the road only if they

reside in a hotel or motel that is not the Player’s permanent resi-

dence for the championship season, and will not be entitled to: (a)

hotel accommodations; (b) the in-season meal and tip allowance

when the Club is at home; or (c) reimbursement for the cost of a

rental car. Such Players whose in-season residence is more than

50 miles from the Club’s Spring Training facility must be offered

first-class hotel accommodations reasonably proximate to the

facility. A Player who declines such accommodations will be

treated for purposes of this paragraph 3 as if he lives less than or

equal to 50 miles from the Club’s Spring Training facility. A

Player who accepts such hotel accommodations will be treated in

accordance with paragraph 3(a) above.

(4) Rehabilitation During Spring Training

A Player who performs prescribed rehabilitation work at the

Club’s Spring Training facility shall receive the allowance to which

he otherwise would be entitled to under Article VII(C) if he was not

injured. A Player who performs prescribed rehabilitation work at the

Club’s home city during Spring Training will be provided with first-

class jet air and hotel accommodations in accordance with Article

VII(A)(1), the applicable in-season meal and tip allowance under

Article VII(B)(1), and reimbursement for the actual cost of a mid-

size rental car in accordance with Section F(7) below.

(5) Rehabilitation at Other Sites

A Player who performs prescribed rehabilitation work at the

Player’s off-season residence is not entitled to any allowances under

the Basic Agreement. A Player who agrees to perform prescribed

rehabilitation work at any site other than those specified in Section

F(1), (2), (3) or (4) above shall receive first-class air and hotel

accommodations in accordance with Article VII(A)(1), the applica-

ble in-season meal and tip allowance under Article VII(B)(1), and

reimbursement for the actual cost of a mid-size rental car in accor-

dance with Section F(7) below. The Club’s request to the player to

perform rehabilitation work at the applicable site must be in writing

(a copy of which will be provided to the Association).

(6) Notwithstanding anything to the contrary in this Article VII(F),

a Player will not receive hotel accommodations, the in-season meal

and tip allowance, or reimbursement for the cost of a rental car if he

is staying in a medical facility or at his personal residence while

conducting rehabilitation. If a Player has a residence less than or

equal to 50 miles from his rehabilitation site, but that residence is

unavailable as a result of a rental or sublease commitment, the Player

still shall be entitled to hotel accommodations and the in-season

meal and tip allowance.

(7) When a Player is entitled to reimbursement for the actual

cost of a rental car while performing rehabilitation work under this

Section F, the Player shall, at his election, be reimbursed for the

actual expenses he incurred for the car rental, or his actual local

transportation expenses up to the cost he would have incurred had

he rented a car. Notwithstanding the above, a Player will not be

entitled to this rental car allowance if the Club provides the Player

with a car (either mid-size or family size, whichever is applicable)

for his exclusive use during the period of the rehabilitation. In

order to receive reimbursement, the Player must provide the Club

with appropriate documentation of his actual expenses.

(8) To the maximum extent possible, each Club shall provide the

daily meal and tip allowance pursuant to an accountable plan

whereby the daily meal and tip allowance will be excluded from a

Player’s gross income. See Attachment 41.

ARTICLE VIII—Moving Allowances

A. If a Player’s contract is assigned by a Major League Club to

another Major League Club after the sixteenth day prior to the start of

the championship season, but on or before the first day of the Closed

Period under Major League Rule 9(b)(3), the assignee Club shall pay

the Player, for all moving and other expenses resulting from such

assignment, the sum of $1,200 if the distance between the home ball-

parks of the assignor and assignee Clubs is 1,000 air miles or less; the

sum of $1,750 if the distance between the home ballparks of the

assignor and assignee Clubs is greater than 1,000 air miles, up to and

including 2,000 air miles; and the sum of $2,200 if the distance

between the home ballparks of the assignor and assignee Clubs is

greater than 2,000 air miles.

This allowance will be paid to the Player automatically at the time of

the assignment.

This advance payment will be credited against the reimbursement for

reasonable and actual moving expenses should the Player elect to

claim such expenses in accordance with the provisions of Section C

below.

B. If a Player is assigned to another Major League Club located

within 50 miles of the assignor Club’s home city, the Player shall not

receive any moving allowance under Section A above, subject to the

following exception. If a Player is assigned to another Major League

Club and moves from a residence located further than 25 miles from

the assignee Club’s home ballpark to a residence located closer to, and

within 50 miles of, such ballpark, the Player shall receive the moving

allowance in accordance with Section A above.

C. A Player may elect, within two years after the date of the assign-

ment of his contract, regardless of when his contract is assigned or

whether the assignment is between Major League Clubs or a Major

League Club and a Minor League club, to be reimbursed for the rea-

sonable and actual moving expenses of the Player and his immediate

family resulting therefrom, including first-class jet air transportation

for the Player and his immediate family; provided that, if the Player

relocates more than one year from the date of the assignment, the

Player must relocate in the assignee Club’s home city and the Player

must still be playing for the assignee Club at the time he incurs such

expenses. Reimbursement shall be made by the assignee Club.

D. A Player may elect, within two years after the date of the assign-

ment of his contract, regardless of when his contract is assigned or

whether the assignment is between Major League Clubs or a Major

League Club and a Minor League club, to be reimbursed for the rea-

sonable and actual rental payments for living quarters and furniture

rental in the city from which he is transferred (and/or Spring Training

location, if applicable), for which he is legally obligated after the date

of assignment and for which he is not otherwise reimbursed. Such

rental payments shall not include any period beyond the end of a sea-

son or prior to February 1. Reimbursement shall be made by the

assignor Club. The Club paying reimbursement for living quarters and

furniture rental shall have use of and/or the right to rent such living

quarters and/or furniture for the period covered by the rental reim-

bursement, unless the lease for such living quarters or furniture rental

permits termination with payment of two months’ rent or less.

In the event a Player is required to report to a Major League Club from

a Minor League club in any year on or after September 1, the forego-

ing paragraph shall not apply. A Player who is assigned to another

Major League Club or a Minor League club prior to Opening Day and

who did not accumulate any Major League Service during the prior

season before September 1 shall not be entitled to receive any rental

reimbursement, unless the Player received prior written approval for

the rental from the Club.

ARTICLE IX—Termination Pay

A. Off-Season

A Player who is tendered a Uniform Player’s Contract which is subse-

quently terminated by a Club during the period between the end of the

championship season and the beginning of the next succeeding Spring

Training under paragraph 7(b)(2) of the Uniform Player’s Contract for

failure to exhibit sufficient skill or competitive ability shall be entitled

to receive termination pay from the Club in an amount equal to thirty

(30) days’ payment at the rate stipulated in paragraph 2 of (1) his Con-

tract for the next succeeding championship season, or (2) if he has no

contract for the next succeeding championship season, in an amount

equal to thirty (30) days’ payment at the rate stipulated in paragraph 2

of the Contract tendered to him by his Club for the next succeeding

championship season.

B. Spring Training

A Player whose Contract is terminated by a Club under paragraph

7(b)(2) of the Uniform Player’s Contract for failure to exhibit suffi-

cient skill or competitive ability shall be entitled to receive termination

pay from the Club in an amount equal to thirty (30) days’ payment at

the rate stipulated in paragraph 2 of his Contract, if the termination

occurs during Spring Training but on or before the 16th day prior to the

start of the championship season. If the termination occurs during

Spring Training, but subsequent to the 16th day prior to the start of the

championship season, the Player’s termination pay shall be in an

amount equal to forty-five (45) days’ payment at the rate stipulated in

paragraph 2 of his Contract.

C. In-Season

A Player whose Contract is terminated by a Club during the champion-

ship season under paragraph 7(b)(2) of the Uniform Player’s Contract

for failure to exhibit sufficient skill or competitive ability shall be enti-

tled to receive termination pay from the Club in an amount equal to the

unpaid balance of the full salary stipulated in paragraph 2 of his Con-

tract for that season.

D. Split Contracts

In the case of a Player who signs a Major League Contract which sets

forth a separate rate of pay for Minor League service, the rate of pay

to be utilized in calculating termination pay under the preceding Sec-

tions A, B and C shall be:

(1) the Minor League rate, if the termination occurs in the off-

season;

(2) the Minor League rate, if the termination occurs during

Spring Training, but on or before the 16th day prior to the start of

the championship season;

(3) the Major League rate, if the termination occurs during

Spring Training, but subsequent to the 16th day prior to the start of

the championship season;

(4) the Minor League rate, if the termination occurs during the

season and the Player is, at the time of termination, in the Minor

Leagues; and the Major League rate, if the termination occurs dur-

ing the season and the Player is, at the time of termination, in the

Major Leagues. In the application of this subparagraph (4), a

Player’s Contract may not be assigned to the Minor Leagues for the

purpose of reducing the Player’s termination pay.

Notwithstanding the above, a Player whose Contract is not assignable

to the Minor Leagues without his consent, or a Player selected by a

Major League Club in the immediately preceding Rule 5 draft, shall be

entitled to receive termination pay at the Major League rate unless ter-

minated during the championship season at a time when his Contract

is under assignment to the Minor Leagues.

E. Injury

If a Player’s Contract is terminated by a Club by reason of the Player’s

failure to render his services due to a disability resulting directly from

injury sustained in the course and within the scope of his employment

under the Contract, and notice is received by the Club in accordance with

Regulation 2 of the Uniform Player’s Contract, the Player shall be enti-

tled to receive from the Club the unpaid balance of the full salary for the

year in which the injury was sustained, less all workers’ compensation

payments received by the Player as compensation for loss of income for

the specific period for which the Club is compensating him in full.

F. Non-Duplication

The foregoing provisions of this Article IX shall be applied regardless

of the number of times a Player may be released during a year, subject

to the following limitations:

(1) The maximum amount of termination pay that a Player shall be

entitled to receive for any year shall not exceed the amount by which:

(a) the salary stipulated in the Player’s original Contract for

such year exceeds

(b) the aggregate amount which the Player earns during that

year from any Club or Clubs, including any amounts deferred to

later years, calculated at present value, and bonuses.

(2) In the event a released Player refuses to accept a reasonable

Major League Contract offered by a Club other than the Club which

released him, such Player shall forfeit that portion of the termination

pay that would not have been payable if such Contract had been

accepted.

ARTICLE X—World Series, League Championship Series,

Division Series, and Wild Card Game

Players’ Pool

A. Creation of Pool

One Players’ pool shall be created from the World Series, the two

League Championship Series, the four Division Series, and the two

Wild Card games. Contributions shall be made into the pool as follows:

(1) 60% of the total gate receipts from the first 4 World Series

games;

(2) 60% of the total gate receipts from the first 4 games of each

League Championship Series;

(3) 60% of the total gate receipts from the first 3 games (4 if the

Division Series is expanded to the best of 7 games) of each Division

Series; and

(4) 50% of the total gate receipts from each Wild Card Game

after deducting the traveling expenses of the visiting Clubs (up to a

maximum of $100,000 per Club) from the total gate.

B. Distribution of Pool

The Players’ pool shall be distributed to the Players, by Club, as follows:

World Series Winner ..................................36%

World Series Loser....................................24%

League Championship Series Losers (2)...............24%

Division Series Losers (4).............................13%

Wild Card Losers (2) ...................................3%

Distribution of the Players’ pool shall be made to the Players within 30

days after the completion of the World Series, unless for good cause

the Parties agree to extend the period.

C. Division of Players’ Pool

The division of the Players’ pool shall be made by a vote of the Play-

ers, in a meeting chaired by the Player Representative, at which atten-

dance shall be limited to Players, except that the field manager, prior

to being excused from such meeting, shall be given first the opportu-

nity to express his views as to the division of the pool. At the invitation

of the Player Representative, the field manager may be present during

the remainder of the meeting, or any part thereof. Club personnel are

otherwise prohibited from attempting to influence or interfere with the

Players’ division of the pool, either before or after the vote is com-

pleted. The vote of the Players shall not be subject to alteration, except

as may be required to conform to the Major League Rules.

On or before the final day of the championship season, the Player Rep-

resentative shall provide the Club with the schedules reflecting the

vote of the Players. The Player Representative shall execute the sched-

ules and complete them in his own handwriting. The Club shall, within

48 hours of receipt from the Player Representatives, submit copies of

such executed and handwritten schedules to the Commissioner’s

Office and the Association.

Two Club Certified Athletic Trainers and one Club strength and condi-

tioning coach shall be eligible to receive a percentage share of the

Players’ pool. Except for the individuals rendered ineligible by Major

League Rule 45(b)(4), all other non-uniformed personnel of a Club

shall not be eligible to receive a percentage share of the Players’ pool,

but shall be eligible to receive cash awards of defined dollar value,

provided that no cash award may exceed the value of a full share.

D. Guarantee of Pool

(1) To the extent, if any, that the Players’ pool provides a total of

less than $4,608,000 for the World Series winner, the amount to be

distributed to such winner shall be increased to $4,608,000. To the

extent, if any, that the Players’ pool provides a total of less than

$3,072,000 for the World Series loser, the amount to be distributed

to such loser shall be increased to $3,072,000.

(2) To the extent, if any, that the Players’ pool provides a total of

less than $3,072,000 for both League Championship Series losers

($1,536,000 each), the amount to be distributed to such losers shall

be increased to $3,072,000 ($1,536,000 each).

(3) To the extent, if any, that the Players’ pool provides a total of

less than $1,664,000 ($416,000 each) for the Division Series losers,

the total amount to be distributed to such Division Series losers shall

be increased to $1,664,000 ($416,000 each).

(4) To the extent, if any, that the Players’ pool provides a total of

less than $384,000 ($192,000 each) for the Wild Card Losers, the

total amount to be distributed to such Wild Card Losers shall be

increased to $384,000 ($192,000 each).

(5) If, during the term of this Agreement, the Clubs raise World

Series ticket prices, the guarantees set forth in the above paragraphs

(1), (2), (3) and (4) shall be increased a pro rata amount, such

amount established by averaging the percentage increase of a box

seat ticket and the percentage increase of a reserved seat ticket and

increasing each guarantee by such percentage.

ARTICLE XI—Grievance Procedure

For the purpose of providing an orderly and expeditious procedure for

the handling and resolving of certain grievances and complaints, as

hereinafter provided, the following shall apply as the exclusive remedy

of the Parties.

A. Definitions

As used herein, the following terms shall have the meanings indicated:

(1) (a) “Grievance” shall mean a complaint which involves the

existence or interpretation of, or compliance with, any agreement,

or any provision of any agreement, between the Association and the

Clubs or any of them, or between a Player and a Club, except that

disputes relating to the following agreements between the Associa-

tion and the Clubs shall not be subject to the Grievance Procedure

set forth herein:

(i) The Major League Baseball Players Benefit Plan;

(ii) The Agreement re Major League Baseball Players Ben-

efit Plan; and

(iii) The Agreement regarding dues check-off.

Any procedures or remedies available to the Parties for the resolu-

tion of disputes arising under said agreements that were available as

of their respective execution dates shall continue to be available and

not be altered or abridged in any way as a result of this Basic Agree-

ment between the Association and the Clubs.

(b) Notwithstanding the definition of “Grievance” set forth in

subparagraph (a) above, “Grievance” shall not mean a complaint

which involves action taken with respect to a Player or Players by

the Commissioner involving the preservation of the integrity of,

or the maintenance of public confidence in, the game of baseball.

Within 30 days of the date of the action taken, such complaint

shall be presented to the Commissioner who promptly shall con-

duct a hearing in accordance with the Rules of Procedure

attached hereto as Appendix B. The Commissioner shall render a

written decision as soon as practicable following the conclusion

of such hearing. The Commissioner’s decision shall constitute

full, final and complete disposition of such complaint, and shall

have the same effect as a Grievance decision of the Arbitration

Panel. In the event a matter filed as a Grievance in accordance

with the procedure hereinafter provided in Section B gives rise to

issues involving the integrity of, or public confidence in, the

game of baseball, the Commissioner may, at any stage of its pro-

cessing, order that the matter be withdrawn from such procedure

and thereafter be processed in accordance with the procedure

provided above in this subparagraph (b). The order of the Com-

missioner withdrawing such matter shall constitute a final deter-

mination of the procedure to be followed for the exclusive and

complete disposition of such matter, and such order shall have the

same effect as a Grievance decision of the Arbitration Panel. (See

also Attachment 1.)

The Association may reopen this Agreement, with reference

solely to Section A(1)(b) and Section C of this Article, upon

the giving of 10 days’ written notice at any time, based upon

experience under the aforesaid Sections which, in its opinion, is

unsatisfactory.

Any reopening notice served by the Association, in accordance

with the foregoing, will be based only on actual experience with

the operation of such Sections in the processing of Grievances or

complaints and such reopening cannot occur unless there is

actual experience under such Sections.

Also, in the event that the incumbent Chief Baseball Officer or

the incumbent Special Assistant to the Commissioner leaves that

Office, the Association may reopen this Agreement, with refer-

ence solely to Section C of this Article as it affects the role of the

Chief Baseball Officer or the Special Assistant to the Commis-

sioner, upon the giving of 10 days’ written notice.

subparagraph (a) above, “Grievance” shall not mean a complaint

or dispute which involves the interpretation or application of, or

compliance with the provisions of the first sentence of paragraph

3(c) of the Uniform Player’s Contract. However, nothing herein

shall alter or abridge the rights of the Parties, or any of them, to

resort to a court of law for the resolution of such complaint or

dispute.

Anything in the Grievance Procedure provided for in the Basic

Agreement to the contrary notwithstanding, complaints or dis-

putes as to any rights of the Players or the Clubs with respect to

the sale or proceeds of sale of radio or television broadcasting

rights in any baseball games by any kind or method of transmis-

sion, dissemination or reception shall not be subject to said

Grievance Procedure. However, nothing herein or in the Griev-

ance Procedure shall alter or abridge the rights of the Parties, or

any of them, to resort to a court of law for the resolution of such

complaint or dispute.

The reference herein to the above types of complaints or disputes

shall not be deemed to define exclusively the types of complaints

or disputes which are not subject to said Grievance Procedure.

(2) “League” shall mean The American League of Professional

Baseball Clubs or The National League of Professional Baseball

Clubs.

(3) “Commissioner” shall mean the person holding the office

of Commissioner of Baseball as defined in the Major League

Constitution.

(4) “Player” or “Players” shall mean a Player or Players on the

active roster of a Major League Club or on a disabled, restricted,

disqualified, ineligible, suspended or military list of a Major League

Club. The term “Player” shall also include a former Player or Play-

ers who have a grievance or complaint arising by reason of their for-

mer status as a Player as defined in the preceding sentence.

(5) “Club” or “Clubs” shall mean a Club or Clubs with member-

ship in a League.

(6) “Association” shall mean the Major League Baseball Players

Association.

(7) “Labor Relations Department” or “LRD” shall mean the

Major League Baseball Labor Relations Department established by

the Clubs, or any department of the Commissioner’s Office that

assumes on behalf of the Commissioner the responsibilities formerly

held by the Major League Baseball Player Relations Committee.

(8) “Grievant” shall mean a party who initiates or appeals a

Grievance.

(9) “Arbitration Panel” shall mean the impartial arbitrator or,

where either Party elects in advance of the opening of the hearing in

a matter, a tripartite panel so empowered and composed of the

impartial arbitrator and two party arbitrators, one appointed by the

Association, the other appointed by the LRD. The impartial arbitra-

tor, who shall in all instances be designated as the Panel Chair, shall

be appointed by agreement of the Association and the LRD. In the

event the Association and the LRD are unable to agree upon the

appointment of the impartial arbitrator, they jointly shall request

that the American Arbitration Association furnish them a list of

prominent, professional arbitrators. Upon receipt of said list, they

shall alternate in striking names from the list until only one remains.

The arbitrator whose name remains shall be deemed appointed as

the impartial arbitrator.

At any time during the term of this Agreement either the Associa-

tion or the LRD may terminate the appointment of the impartial

arbitrator by serving written notice upon him and the other Party;

provided that no such termination shall in any way impair the

authority of the impartial arbitrator to render awards with respect to

matters fully submitted to him. Within 30 days of any such termina-

tion, the Association and LRD shall either agree upon a successor

impartial arbitrator or select a successor from an American Arbitra-

tion Association list, as set forth above.

Decisions of the Arbitration Panel shall be made by the impartial

arbitrator or, where the panel is tripartite, by majority vote.

(10) “Alternate Panel Chairs” shall mean the two impartial arbi-

trators appointed for cases that cannot be scheduled for hearing by

the Panel Chair within the time limit set forth in Section B below.

Selection and termination of the Alternate Panel Chairs shall be by

the same procedures utilized for selection and termination of the

Panel Chair.

B. Procedure

Step 1. Any Player who believes that he has a justifiable Grievance

shall first discuss the matter with a representative of his Club desig-

nated to handle such matters, in an attempt to settle it. If the matter is

not resolved as a result of such discussions, a written notice of the

Grievance shall be presented to the Club’s designated representative;

provided, however, that for a Grievance to be considered beyond Step

1, such written notice shall be presented within (a) 45 days from the

date of the occurrence upon which the Grievance is based, or (b) 45

days from the date on which the facts of the matter became known or

reasonably should have become known to the Player, whichever is

later. Within 10 days following receipt of such written notice (within 2

days if disciplinary suspension or a Grievance involving Player safety

and health), the Club’s designated representative shall advise the

Player in writing of his decision and shall furnish a copy to the Asso-

ciation. If the decision of the Club is not appealed further within 15

days of its receipt, the Grievance shall be considered settled on the

basis of that decision and shall not be eligible for further appeal.

Step 2. A Grievance, to be considered in Step 2, shall be appealed in

writing by the Grievant or by the Association to a designated represen-

tative of the LRD within 15 days following receipt of the Club’s writ-

ten decision. Grievances which involve (a) more than one Club, or (b)

a Player who is not under contract to a Club that is party to the Griev-

ance, may be filed initially in Step 2, provided that written notice of the

Grievance shall be presented to the designated representative of the

LRD within (a) 30 days from the date of the occurrence upon which

the Grievance is based, or (b) 30 days from the date on which the facts

of the matter became known or reasonably should have become known

to the Player, whichever is later. A Grievance appealed to or filed at

Step 2 shall be discussed within 35 days thereafter (within 2 days if

disciplinary suspension or a Grievance involving Player safety and

health) between representatives of the LRD and representatives of the

Association in an attempt to settle it. If both Parties agree, the Player

and Club principals will also participate in the Step 2 meeting. The

Parties will attempt to exchange documents in advance of the Step 2

meeting but the meeting shall occur within 35 days even if documents

have not been exchanged by that date. Within 10 days following such

meeting (within 2 days if disciplinary suspension or a Grievance

involving Player safety and health), the designated representative of

the LRD shall advise the Grievant in writing of his decision and shall

furnish a copy to the Association. If the decision of the LRD represen-

tative is not appealed further within 15 days of its receipt, the Griev-

ance shall be considered settled on the basis of that decision and shall

not be eligible for further appeal.

Arbitration. Within 15 days following receipt of the Step 2 decision,

the Grievant or the Association may appeal the Grievance in writing to

the Panel Chair for impartial arbitration. The Panel Chair shall set a

time, date and place for hearing the appeal. The Panel Chair shall

attempt to open the hearing within one-year from the filing of the

Grievance (within 5 days of receipt of the notice of appeal if a disci-

plinary suspension or a Grievance involving Player safety and health).

If the Panel Chair cannot do so given previously scheduled hearings,

the Panel Chair shall direct that the Grievance be assigned to an Alter-

nate Panel Chair, unless one of the Parties objects. In response to an

objection, the Panel Chair shall select Grievance(s) to be assigned to

particular Alternate Panel Chair(s) so that hearings for all Grievances

will open within one year of filing. A case heard by an Alternate Panel

Chair shall be conducted by a tripartite panel if either Party elects in

advance of the opening of the hearing.

All hearings shall be conducted in accordance with the Rules of Pro-

cedure attached hereto as Appendix B. The Arbitration Panel shall ren-

der a written decision as soon as practicable following the conclusion

of such hearing (within 5 days if disciplinary suspension or a Grievance

involving Player safety and health), and may affirm, modify or reverse

the decision from which the appeal is taken. The decision of the Arbi-

tration Panel shall constitute full, final and complete disposition of the

Grievance appealed to it. A decision of an Alternate Panel Chair shall

not constitute precedent of the Arbitration Panel, but shall have the

same precedential effect as an arbitration decision rendered outside of

this collective bargaining relationship.

With regard to the arbitration of Grievances, the Arbitration Panel shall

have jurisdiction and authority only to determine the existence of or

compliance with, or to interpret or apply agreements or provisions of

agreements between the Association and the Clubs or any of them, or

between individual Players and Clubs. The Arbitration Panel shall not

have jurisdiction or authority to add to, detract from, or alter in any

way the provisions of such agreements. All costs of arbitration, includ-

ing the fees and expenses of the impartial arbitrator, shall be borne

equally by the Parties, provided that each of the Parties shall bear the

cost of its own party arbitrator, witnesses, counsel and the like.

C. Special Procedure with Regard to Certain

Disciplinary Action

Except as set forth in Article XII(E)(3)(c), complaints involving a fine

or suspension imposed upon a Player by the Chief Baseball Officer or

the Commissioner for conduct on the playing field or in the ballpark

shall be subject exclusively to this Section C as follows:

(1) Fines Exceeding $1,000 and Suspensions

(a) The Office of the Commissioner will provide the Players

Association with any applicable Umpire’s Incident Report con-

temporaneously with the Notice of Discipline. Except as set forth

in Section C(2) below (with respect to fines of $1,000 or less and

no suspension), any Player who believes that he has a justifiable

complaint regarding such discipline may, within 7 days of his

receipt of written notification of the discipline, appeal in writing

to the Special Assistant to the Commissioner, if the discipline was

imposed by the Chief Baseball Officer, or to the Commissioner,

if the discipline was imposed by him, for a hearing.

(b) Upon receipt of the notice of appeal, the Special Assistant

to the Commissioner or the Commissioner, as the case may be,

shall designate a time and place for hearing the appeal, which

hearing shall be commenced within 10 days from the date of

receipt of the appeal. Unless the appeal involves an incident in

which three or more players were suspended, all appeal hearings

shall be held by videoconference, except that the Player may

elect an in-person hearing in the following circumstances: (i) the

Player is available for a hearing in New York during the 10-day

period; or (ii) the Player is suspended in excess of five games

(for a starting pitcher) or in excess of three games (for a position

player or relief pitcher), in which case an in-person hearing shall

be scheduled at a mutually agreeable location within the 10-day

period.

paragraph (b) above, a hearing involving a suspension for con-

duct on the playing field or in the ballpark during the post-season

shall be heard within forty-eight (48) hours of the receipt of the

appeal. The Chief Baseball Officer, or the Commissioner, as the

case may be, shall determine the timing of the suspension, sub-

ject to the Player’s right to appeal and without prejudice to the

Players Association’s position regarding past practice of the tim-

ing of such suspensions.

(d) Hearings shall be conducted in accordance with the Rules

of Procedure attached hereto as Appendix B. The Special Assis-

tant to the Commissioner, or the Commissioner, as the case may

be, shall render a written decision as soon as practicable follow-

ing the conclusion of such hearing, and may affirm, modify, or

revoke the disciplinary action originally imposed. The decision

by the Special Assistant to the Commissioner, or the Commis-

sioner, as the case may be, shall constitute full, final and com-

plete disposition of the complaint and shall have the same effect

as a Grievance decision of the Arbitration Panel.

(2) Fines of $1,000 or Less and No Suspension. If the discipline

involves a fine in the amount of $1,000 or less and no suspension, a

Player may, within 7 days of his receipt of written notification of the

discipline, appeal his discipline in writing to the Chief Baseball

Officer. Such appeals shall be conducted through an informal tele-

phone conference at a mutually agreeable time and date.

(3) Notwithstanding the provisions of Section C(1) above, if any

such discipline imposed upon a Player by the Chief Baseball Offi-

cer involves a fine in an amount which exceeds $15,000 or a sus-

pension exceeding 10 games, any complaint relating thereto shall be

appealable, from the decision of the Special Assistant to the Com-

missioner to the Commissioner for determination in the same man-

ner and with the same effect as provided in paragraph 1(b) of

Section A hereof.

(4) All settlements of discipline issued to a Player for conduct on

the playing field or in the ballpark shall be non-precedential; pro-

vided, however, that the Office of the Commissioner may consider

a Player’s prior discipline for on-field conduct when determining

the appropriate level of discipline for another infraction, irrespec-

tive of whether the prior discipline was subject to a settlement

agreement.

D. Grievances Initiated or Appealed by a Club

Step 1. Any Club which believes it has a justifiable Grievance shall

present a written notice of the Grievance to the Player with a copy to

the Association; provided, however, that for a Grievance to be consid-

ered beyond Step 1, such written notice shall be presented within (a)

45 days from the date of the occurrence upon which the Grievance is

based, or (b) 45 days from the date on which the facts of the matter

became known or reasonably should have become known to the Club,

whichever is later. Within 10 days following receipt of such written

notice, the Player shall advise the Club in writing of his decision and

shall furnish a copy to the LRD. If the decision of the Player is not

appealed further within 15 days of its receipt, the Grievance shall be

considered settled on the basis of that decision and shall not be eligi-

ble for further appeal.

Step 2. A Grievance, to be considered in Step 2, shall be appealed in

writing by the Club or the LRD to the Association within 15 days fol-

lowing receipt of the Player’s written decision. Grievances which

involve (a) more than one Club, (b) more than one Player, or (c) a

Player who is not under contract to a Club which is party to the Griev-

ance, may be filed initially in Step 2, provided that written notice of the

Grievance shall be presented to the Association within (a) 30 days

from the date of the occurrence upon which the Grievance is based, or

(b) 30 days from the date on which the facts of the matter became

known or reasonably should have become known to the Club,

whichever is later. A Grievance appealed to or filed at Step 2 shall be

discussed within 35 days thereafter between representatives of the

LRD and representatives of the Association in an attempt to settle it. If

both Parties agree, the Player and Club principals will also participate

in the Step 2 meeting. The Parties will attempt to exchange documents

in advance of the Step 2 meeting, but the meeting shall occur within 35

days even if documents have not been exchanged by that date. Within

10 days following such meeting, the Association shall advise the LRD

in writing of its decision. If the decision of the Association is not

appealed further within 15 days of its receipt, the Grievance shall be

considered settled on the basis of that decision and shall not be eligi-

ble for further appeal.

Arbitration. Within 15 days following receipt of the Step 2 decision

of the Association, the LRD may appeal the Grievance in writing to the

Panel Chair for impartial arbitration. The procedures to be followed in

arbitration and the jurisdiction of the Arbitration Panel shall be as set

forth in Section B above.

Nothing contained in this Section D shall be deemed to limit or impair

the right of any Club to impose discipline upon a Player or Players or

to take any other action not inconsistent with the Uniform Player’s Con-

tract or any agreement with the Association to which the Club is a Party.

Any complaint or dispute which may be a subject for discipline shall

not constitute a proper basis for a Club Grievance under this Section D.

E. Grievances Initiated or Appealed by the Association

(1) The Association may on its own motion appeal Grievances or

complaints on behalf of a Player or Players as provided in this

Grievance Procedure, except that the Association will not appeal a

Grievance or complaint involving player discipline without the

approval of the Player or Players concerned.

(2) The Association may on its own motion initiate Grievances

or complaints on behalf of a Player or Players on all matters not

involving player discipline. Nothing herein shall interfere with the

right of a Player who initiates a disciplinary Grievance or complaint

to be represented by the Association at any Step of the Grievance

Procedure.

F. Miscellaneous

(1) Each of the time limits set forth herein may be extended by

mutual agreement of the parties involved.

(2) If any Grievance is not processed in accordance with the pre-

scribed time limits in any Step, unless an extension of time has been

mutually agreed upon, either party, after notifying the other party of

its intent in writing, may appeal to the next Step.

(3) Any decision which is appealable under this Grievance Pro-

cedure but which is not appealed within the time allowed or within

any time mutually agreed upon by the Parties shall constitute a full,

final and complete disposition of the Grievance involved.

(4) In any discussion or hearing provided for in the Grievance

Procedure, a Player may be accompanied by a representative of the

Association who may participate in such discussion or hearing and

represent the Player. In any such discussion or hearing, any other

party may be accompanied by a representative who may participate

in such discussion or hearing and represent such party.

G. Survival Following Termination of Basic Agreement

Unless eliminated or modified following an impasse in bargaining,

Article XI shall remain in full force and effect after termination of this

Agreement; provided, however, that disputes arising after the termina-

tion of this Agreement related to the legality or validity of unilateral

changes of terms and conditions of employment following an impasse

in bargaining and any other self-help conduct of the Parties, including

but not limited to, unilateral changes in nonmandatory subjects of bar-

gaining, shall not be subject to Article XI.

ARTICLE XII—Discipline

A. Just Cause

The Parties recognize that a Player may be subjected to disciplinary

action for just cause by his Club, the Chief Baseball Officer or the

Commissioner. Therefore, in Grievances regarding discipline, the issue

to be resolved shall be whether there has been just cause for the penalty

imposed.

If discipline imposed upon a Player is determined to be improper by

reason of a final decision under this Grievance Procedure, the Player

shall promptly be made whole.

The term “make whole” means:

(1) if a fine is found to have been imposed improperly, the fine

will be promptly repaid;

(2) any salary loss as a result of an improper suspension will be

promptly paid;

(3) in the application of items (1) and (2) above, interest will also

be paid at the rate per annum set forth in Article XV(K) below; and

(4) crediting the Player with performance statistics for the pur-

pose of determining whether a performance level contained in any

special covenant to his Uniform Player’s Contract has been met.

Such credit shall be determined by multiplying the Player’s relevant

average per game statistic while he was on a Club’s Active List for

the current championship season by the number of games for which

the Arbitration Panel determines the Player was improperly sus-

pended and adding that product to the Player’s year-end total. Such

credit shall not be awarded to a Player for such time that his suspen-

sion covers time the Player is on the Disabled List.

B. Conduct Detrimental or Prejudicial to Baseball

Players may be disciplined for just cause for conduct that is materially

detrimental or materially prejudicial to the best interests of Baseball

including, but not limited to, engaging in conduct in violation of fed-

eral, state or local law. The Commissioner and a Club shall not disci-

pline a Player for the same act or conduct under this provision. In cases

of this type, a Club may only discipline a Player, or take other adverse

action against him, when the Commissioner defers the disciplinary

decision to the Club.

C. Notice

Written notice of discipline of a Player (a fine, or suspension, or both)

imposed by the Commissioner of Baseball, the Chief Baseball Officer,

or a Club (except for actions arising from participation in the Winter

Leagues) and the reason therefore shall in every case be given to the

Player and the Association.

With respect to discipline imposed upon a Player by the Chief Base-

ball Officer or the Commissioner, the Commissioner shall immedi-

ately give to the Association notice by e-mail of fines, suspensions

and appeals for hearings.

D. Investigations and Discovery

Upon receiving notice from the Office of the Commissioner that it is

conducting an investigation of a Player (or Players) that may result in

discipline, the Player and the Association shall provide reasonable

cooperation with the investigation, including but not limited to produc-

ing documents and information. However, the Player and the Associa-

tion reserve all of their rights to assert that any investigatory request

from the Office of the Commissioner does not require cooperation

because the request is unreasonable, irrelevant, overbroad, or ambigu-

ous, or the requested information is covered by a recognized privilege.

Disputes regarding whether a Player or the Association has provided

reasonable cooperation in a particular context shall be resolved by the

Arbitration Panel on an expedited basis.

The Office of the Commissioner may conduct investigatory interviews

of Players. Except where circumstances require expeditious handling,

the Player and the Association shall receive reasonable advance notice

of any investigatory interview with a Player. Where circumstances

requiring expeditious handling are present, the Player and the Associ-

ation shall receive as much advance notice as is possible, but in no

event shall the Association receive less notice than the Player. All par-

ties recognize the right of the Player to be represented at such inter-

view by the Association and counsel of his choice.

At the conclusion of the Office of the Commissioner’s investigation,

but prior to the imposition of any discipline, the Parties shall conduct

a pre-discipline conference. The Parties’ discussion at this conference

shall be considered confidential and inadmissible in any Grievance

challenging the discipline that may be imposed on the Player. At or

before this pre-discipline conference, the Office of the Commissioner

shall describe the results of its investigation and the evidence support-

ing discipline.

A Player who is disciplined shall have the right to discover, in timely

fashion, all documents and evidence adduced during any investigation

of the charges involved, including but not limited to any documents or

evidence in the possession of the Office of the Commissioner that tend

to negate a Player’s guilt, to mitigate punishment, or to impeach any

witness who will appear at any hearing challenging discipline.

Notwithstanding the foregoing, this Section D is not intended to super-

sede or alter in any way the Parties’ respective rights and positions

with respect to the meaning and application of Article XII(A) and (B)

or Panel Decision No. 41 (Ferguson Jenkins).

E. Compliance

(1) Nothing contained in the Grievance Procedure shall excuse a

Player from prompt compliance with any discipline imposed upon

him.

(2) Club Fines

. A fine imposed by a Club pursuant to Regula-

tion 5 of the Uniform Player’s Contract in excess of $10,000 may

not be deducted from the Player’s salary until such fine is finally

upheld in the Grievance Procedure or the time in which to file a

Grievance has expired.

(3) Discipline Imposed by the Chief Baseball Of

ficer or Com-

missioner.

(a) A fine imposed by the Chief Baseball Officer or the Com-

missioner in excess of $10,000 may not be deducted from the

Player’s salary until such fine is finally upheld in the Grievance

Procedure or the time in which to file a Grievance has expired.

(b) The Player’s employing Club is authorized, at the request

of the Chief Baseball Officer, or the Commissioner in the case of

a fine imposed by the Commissioner, to deduct the amount of the

fine from the Player’s salary and transmit such sum to the Com-

missioner once the fine may be deducted from the Player’s salary.

without pay for: (i) intentionally throwing a baseball, equipment

or other object at a non-uniformed personnel with the intent of

causing bodily harm; (ii) physically assaulting a fan or member

of the media; (iii) physically assaulting an umpire in a manner

that endangers his health or safety; and (iv) making public state-

ments that question the integrity of the game, the umpires, the

Commissioner and/or other Commissioner’s Office personnel.

Suspensions without pay for such conduct shall be appealable

through the procedures of Article XI(B) in an expedited manner,

and the suspensions shall be stayed pending the completion of

those procedures.

F. Major League Rules 15 and 16

The following time limit provisions set forth in Major League Rules 15

and 16 shall be inapplicable in disciplinary matters:

(1) the prohibition in Rule 16(a) against reinstatement of a

Player on the Restricted, Disqualified and Ineligible Lists in the

period August 1 to October 31, inclusive;

(2) the prohibition in Rules 15(c)(1) and 16(c) against applica-

tion for reinstatement from the Ineligible List until after the lapse of

one year from the date of placement on such list; and

(3) the requirement of Rule 16(a) that the Player’s Club shall be

entitled to 30 days’ written notice prior to his reinstatement from the

Disqualified or Ineligible Lists, if application for such reinstatement

is filed after February 1 of any year.

ARTICLE XIII—Safety and Health

A. Safety and Health Advisory Committee

(1) Safety and Health Advisory Committee

The Parties shall establish and maintain a bipartisan Safety and

Health Advisory Committee which shall be comprised of an equal

number of members representing the Association and representing

the Clubs. The purpose of the Committee shall be

(a) to deal with emergency safety and health problems as they

arise, and attempt to find solutions, and

(b) to engage in review of, planning for and maintenance of

safe and healthful working conditions for Players.

(2) Committee Meetings

A meeting of the Safety and Health Advisory Committee may be

called by any member thereof who believes that an emergency

safety and health problem exists and requires immediate attention,

and a meeting shall be held as soon as practicable thereafter. In addi-

tion, the Committee shall hold at least one regular meeting annually

for purposes of review and planning.

(3) Power and Authority of Committee

The Safety and Health Advisory Committee shall make recom-

mendations to the Parties as to the solution of problems and the

establishment of policies. The Committee shall use its best efforts to

persuade the Parties to adopt the Committee’s recommendations.

The Committee, however, shall only have advisory authority and it

shall not have the power to impose its views or recommendations

upon the Parties.

(4) Other Rights and Remedies

The Players Association may file and pursue through arbitration

a grievance concerning safety and health. The Parties will attempt to

avoid grievances on this subject by making every reasonable effort

to utilize the Safety and Health Advisory Committee. However, it is

not a necessary prerequisite to utilization of the Grievance Proce-

dure that the Safety and Health Advisory Committee procedures be

instituted or exhausted. Nothing herein shall diminish or interfere

with any other rights and remedies the Players or the Association

may pursue under the Grievance Procedure of this Agreement or

under the procedures established pursuant to the Occupational Safety

and Health Act.

B. Safety Complaints—Responsibility of the Commissioner

Notwithstanding the provisions of Section A, when a safety complaint

is made by the Association to the Office of the Commissioner, the

Commissioner shall promptly designate a representative to investigate

and to attempt to resolve the problem. The Commissioner shall

promptly notify the Association of the results of the investigation and

of all attempts to resolve the problem.

C. Disabled List

Application by a Club to the Commissioner to place a Player on the

Disabled List shall be accompanied by a Standard Form of Diagnosis

(see Attachment 5), a copy of which shall be provided to the Player and

the Association. The Standard Form of Diagnosis shall be completed

by the Club Physician and shall include, as a separate item, an esti-

mated time period for recovery. The Club Physician will also complete

and submit the Standard Form of Diagnosis for recertification of a

Player on the Disabled List at the date when he first becomes eligible

for reinstatement to active status and then every ten days following the

date upon which the Player first became eligible for reinstatement

(except for Players placed on the 60-day Disabled List). In addition

to the Standard Form of Diagnosis, the Office of the Commissioner

may request that a Club provide additional information in support of a

Disabled List placement before the application is approved by the

Commissioner. The Club shall provide a copy of such additional infor-

mation to the Association.

A Club requesting the placement of a Player on the Disabled List for a

concussion shall submit, in lieu of a Standard Form of Diagnosis, a

Concussion-Specific Diagnostic Form (see Attachment 36), a copy

of which shall be provided to the Player and the Association. The

Concussion-Specific Diagnostic Form shall be completed by the Club

Physician and Certified Athletic Trainer and shall include the specified

supporting documentation. The Club Physician also must complete

and submit the Concussion-Specific Diagnostic Form for recertifica-

tion of a Player on the Disabled List for a concussion at the date when

he first becomes eligible for reinstatement to active status and then

every ten days following the date upon which the Player first became

eligible for reinstatement (except for Players placed on the 60-day Dis-

abled List for a concussion). Prior to the time that a Player on the Dis-

abled List for a concussion is permitted to play in any game, the Club

must submit a Return to Play form and supporting information to the

Medical Director of the Office of the Commissioner (see Attachment

36), a copy of which shall be provided to the Player and the Associa-

tion. The Player’s return must be approved prior to the time that he will

be removed from the Disabled List. See Attachment 36.

D. Second Medical Opinion

Within 20 days following the execution of this Agreement, the Clubs

shall provide an updated, accepted listing of medical specialists, by

specialty and by geographic region, to whom Players may upon their

request go for diagnosis and a second medical evaluation of an

employment-related illness or injury being treated by the Club Physi-

cian. At least two board-certified physicians shall be designated for

each specialty in each of the geographic regions, and all the physicians

on the list shall be board-certified in an appropriate medical specialty.

The Commissioner’s Medical Advisory Committee, in consultation

with a medical professional designated by the Association, shall

review and update the list of specialists on an annual basis. The Asso-

ciation shall have 30 days from the date of receiving an updated list

within which to recommend additions to or deletions from the list.

Prior to undergoing a “second evaluation,” a Player shall inform the Club

in writing of his decision to seek a second medical opinion, and the name

of the physician who will be performing the diagnosis and medical

evaluation. A Player may seek a “second evaluation” from a medical

specialist on the accepted listing who is located outside of the geographic

region within which the Player’s Club is located, provided that the Player

is not absent from the Club for an unreasonable period of time.

If a Player uses the services of a medical specialist who is on the

accepted listing, the Club shall pay the cost of the “second evaluation,”

including transportation and hotel costs.

Expenses for “second evaluations” by medical specialists who are not

on the accepted listing shall be authorized and paid only by prior writ-

ten agreement between the Player and the Club.

See Attachment 35.

E. Certified Athletic Trainers

Each Club shall employ two Certified Athletic Trainers on a full-time

basis. Both trainers will travel with the Club on the road; provided,

that one trainer may remain in the Club’s home city if necessary for

the Club to fulfill its obligations to disabled players who do not travel

with the Club.

Individuals newly appointed as trainers shall be certified by the

National Athletic Trainers Association (NATA) or the Canadian Ath-

letic Therapists Association (CATA), or shall be physical therapists

licensed by an appropriate state authority.

F. Locker Room Equipment

Each visiting locker room shall be equipped with the following equip-

ment, all in good working order, and of a size and capacity adequate

for the treatment of professional baseball players: whirlpool, hydrocu-

lator, ultrasound machine and examining table.

G. Disclosure of Medical or Health Information

(1) Each year upon reporting to Spring Training, or upon signing

a Major League Uniform Player’s Contract (“UPC”) for that season,

whichever is earlier, each Player must, consistent with Paragraph

6(b)(1) of the UPC, execute the Authorization for the Use and/or

Disclosure of Major League Player Health Information (“Authoriza-

tion”) attached as Attachment 18 hereto.

(2) Notice of and Authorization for Medical Care

(a) Work-Related

A Player shall provide his Club with reasonable advance

notice of any treatment conducted by a health care provider in

connection with a disability directly resulting from an injury

sustained in the course and within the scope of his employment

(including an elective procedure) (collectively referred to as a

“Work-Related Injury”), unless such health care provider is affil-

iated with the Club. Any treatment a Player receives for a Work-

Related Injury by a health care provider who is not affiliated

with the Club must be authorized by the Club in advance of the

treatment in accordance with Regulation 2 of the UPC. If such

treatment involves a surgery or invasive procedure, such author-

ization must be in writing.

A Player is not required to provide his Club with notice of a

consultation or evaluation of a Work-Related Injury by a health

care provider who is not affiliated with the Club provided that the

Player: (i) receives no treatment in connection with the consulta-

tion or evaluation; (ii) does not submit to an invasive test or pro-

cedure; and (iii) is not invoking his right to a Second Medical

Opinion under Section D of this Article. In addition, if such an

evaluation or consultation was not authorized by the Club, the

Club will not be responsible under Regulation 2 of the UPC for

any expenses incurred by the Player in connection with it.

(b) Non-Work-Related

A Player is not required to provide a Club with reasonable

advance notice of a treatment for a disability, injury or condition

(including an elective procedure) that is not work-related (collec-

tively referred to as a “Non-Work-Related Injury”) unless the

nature of the Non-Work-Related Injury may affect the Player’s

ability to provide services as required by the UPC, in which case

the Player must provide the Club with advance notice of any

treatment. In addition, a Player will be excused from any notice

requirement if the treatment is in response to a medical emer-

gency, and there is insufficient time to contact the Club.

A Club will not be responsible under Regulation 2 of the UPC

for any expenses incurred by the Player for the treatment of a

Non-Work-Related Injury.

(3) Any Club Physician or Certified Athletic Trainer treating a

Player pursuant to Regulation 2 of his UPC and any other physician

or medical professional treating or consulting with a Player pursuant

to Regulation 2 of the UPC or Article XIII(D) is authorized to dis-

close all relevant medical or health information concerning the

Player to (a) the Club by which the Player is employed, including

the Club officials set out in the Authorization, (b) any entity from

which such Club seeks to procure, or has procured, an insurance

policy covering such Player’s life or any disability, injury, illness, or

condition, such Player may suffer or sustain, (c) subject to Para-

graph 6(b)(2) of the UPC, physicians and officials of a Club con-

templating the assignment of the Player’s UPC, and (d) subject to

the terms of paragraph (5) below, the Office of the Commissioner.

(4) For public relations purposes, a Club may disclose the fol-

lowing general information about employment-related injuries: (a)

the nature of a Player’s injury, (b) the prognosis and the anticipated

length of recovery from the injury, and (c) the treatment and surgi-

cal procedures undertaken or anticipated in regard to the injury. For

any other medical condition that prevents a Player from rendering

services to his Club, a Club may disclose only the fact that a med-

ical condition is preventing the Player from rendering services to the

Club and the anticipated length of the Player’s absence from the

Club. A Club Physician or Certified Athletic Trainer treating a

Player pursuant to Regulation 2 of his UPC and any other physician

or medical professional treating or consulting with a Player pursuant

to Regulation 2 or Article XIII(D) shall be prohibited from making

any public disclosure of a Player’s medical information absent a

separate, specific written authorization from the Player authorizing

such public disclosure.

(5) A Club (and any physician, certified athletic trainer or other

medical professional treating, or consulting with, a Player pursuant

to Regulation 2 of his UPC or Article XIII(D)) shall provide med-

ical or health information covered by the Authorization to the Office

of the Commissioner and to the Association as required by Article

XIII(C), Attachment 5 and Major League Rule 2(g) and, upon writ-

ten request, when a Player’s medical and/or health condition is at

issue in a grievance or a potential grievance. The medical or health

information also shall be provided to the Office of the Commis-

sioner (with a copy to the Association) when such records are rele-

vant to an investigation of whether the Player violated the Basic

Agreement, his UPC or Major League Baseball’s Joint Drug Pre-

vention and Treatment Program, provided that the Office of the

Commissioner first provides the Association with notice of its intent

to request such records and an opportunity to object. In the event the

Association objects to such a request by the Office of the Commis-

sioner (which objection must be made within three business days

after notice is provided), any dispute arising from such objection

shall be resolved by the Arbitration Panel within seven days of the

Association’s objection. In any such arbitration, the Commis-

sioner’s Office shall be required to show that its request is reason-

ably related to the matter under investigation.

(6) If a Player on a visiting Club receives medical treatment

from the home Club’s Physician, Certified Athletic Trainer or other

medical professional for a Work-Related Injury, a copy of any writ-

ten medical evaluation prepared by the home Club’s medical profes-

sional shall be provided to the Player and his Club’s physician.

(7) The following procedures shall govern the dissemination of

medical records of a free agent Player:

(a) At the conclusion of the Player’s season (including any

applicable post-season), a Player who will become a free agent

pursuant to Article XX(B) of the Basic Agreement may request

that his former Club provide him with a disk containing a copy of

his medical records. A Club shall provide such records within 10

days of such request. When a free agent provides a Club with

medical records, he must represent on a form provided by the

Commissioner’s Office that he is providing a complete copy of

the records that were provided to him by the Club.

(b) Any Player who is a free agent by operation of the Basic

Agreement will receive from the Office of the Commissioner,

upon request of the Association, log-in instructions that will per-

mit him to access his medical records electronically. The Office

of the Commissioner will send the log-in instructions within 10

days of being provided written notice by the Association of the

names and addresses of the Players who desire such instructions.

A Player may provide to prospective Clubs (or to other individu-

als) electronic access to his medical records, and such access

shall remain active for 180 days.

sive procedures for the dissemination of medical records by the

Office of the Commissioner and Clubs to free agent Players.

H. Location of Rehabilitation Facilities

(1) Rehabilitation During the Championship Season

A Club may direct a Player to perform prescribed rehabilitation

work for an injury during the championship season at a rehabilita-

tion facility at one of the following four sites: (a) in the Club’s home

city; (b) on the road with the Club; (c) at the Club’s Spring Training

facility; or (d) at a rehabilitation facility specializing in the treat-

ment of the Player’s injury; provided, however, that a Club may not

direct that a Player perform prescribed rehabilitation work for an

injury at its Spring Training facility or a facility specializing in treat-

ment of the Player’s injury located outside of the Club’s home city

for a period of more than 20 days without the Player’s written con-

sent. If a Club directs a Player to a facility specializing in treatment

of the Player’s injury, the facility must offer equivalent services,

facilities and personnel (including bilingual personnel if applicable)

to the Club’s Spring Training facility. The Club also will give pref-

erence to a facility located near the Player’s off-season residence (if

applicable).

(2) Rehabilitation During the Off-Season

A Club may only direct a Player to perform prescribed rehabili-

tation work during the off-season at a rehabilitation facility in the

metropolitan area of the Player’s off-season residence.

(3) Rehabilitation During Spring Training

A Club may only direct a Player to perform prescribed rehabilita-

tion work during Spring Training at a rehabilitation facility at one of

the following three sites: (a) the Club’s Spring Training facility; (b)

in the Club’s home city; or (c) at a rehabilitation facility specializing

in the treatment of the Player’s injury; provided, however, that a Club

may not direct that a Player perform prescribed rehabilitation work

at a facility specializing in treatment of the Player’s injury located

outside of the Club’s Spring Training city or home city for a period

of more than 20 days without the Player’s written consent, and such

facility must meet the criteria specified in subsection H(1) above.

(4) Regardless of the site of the rehabilitation facility, each Club

shall provide first-class rehabilitation facilities and care to all dis-

abled Players.

I. Medical History Questionnaire

Each Club shall utilize the Medical History Questionnaire developed

by the Club physicians in connection with the Club’s initial physical

examination of the Player. The current Medical History Questionnaire

is attached hereto as Attachment 6.

J. Sports Psychologists

Each Club shall provide Players with access, on a voluntary basis, to

confidential sports psychology resources in a private space. Clubs that

employ or provide Player access to a sports psychologist or psycholo-

gist under the Club’s Employee Assistance Program shall be deemed

to have satisfied this requirement.

K. Strength and Conditioning Advisory Committee

(1) Strength and Conditioning Advisory Committee

The Parties shall maintain a joint Strength and Conditioning

Advisory Committee (“SCAC”) which shall consist of an equal

number of members representing the Clubs and the Association. The

purposes of the SCAC shall be:

(a) to establish and maintain minimum credentials and profes-

sional qualifications for strength and conditioning coaches

employed by Major League Clubs;

(b) to advise Clubs and Players on the existing regulations of

the Commissioner’s Office related to strength and conditioning;

the availability of food products for Players in Major League

clubhouses;

(d) to develop Club-specific plans and/or league-wide mini-

mum requirements to make available to Players the NSF Certified

for Sport supplements they desire during the championship sea-

son, off-season and Spring Training, pursuant to Section K(3)

below;

(e) to develop improved standards for home and visiting

weight rooms pursuant to Section K(4) below;

(f) to advise the Parties on the content of educational pro-

grams and materials involving proper nutrition, nutritional sup-

plements, training and conditioning; and

(g) to address other matters relating to the strength and condi-

tioning of Players.

(2) Committee Meetings

A meeting of the SCAC may be called by any member who

believes that there is an immediate need to address a matter set forth

in Section K(1) above. In addition, the SCAC shall have at least two

(2) regular meetings during each calendar year.

(3) Nutritional Supplements

Each Club shall be required to provide certain categories of NSF

Certified for Sport nutritional supplements to all 25-man roster

Players during the championship season (including while on the

road), all 40-man roster Players during the off-season and Spring

Training, its AAA affiliates during the championship season, and to

any Player who becomes a free agent under Article XIX or Article

XX (limit one off-season if the free agent does not sign a Major

League contract), as determined by the SCAC.

(4) Weight Rooms

The SCAC will develop improved standards for home and visit-

ing weight rooms. These weight room standards will include mini-

mum requirements for the following criteria: square footage,

climate control, equipment, equipment maintenance/replacement

and any other criteria established by the SCAC. In Major League

ballparks where it is not practicable to meet the weight room stan-

dards developed by the SCAC, off-site accommodations or other

areas (including providing visiting Clubs with access to the home

weight room) will be identified and established. The SCAC will also

establish an audit process to identify Clubs that fail to satisfy the

standards established under this provision.

(5) Off-Season Strength and Conditioning Programs

Clubs may not require or request that a Player pay for all or part

of an off-season strength and conditioning or training program that

is mandated or recommended by the Club.

ARTICLE XIV—Spring Training Conditions

A. Reporting

No Player shall be required to report for Spring Training workouts

more than thirty-three (33) days prior to the start of the championship

season, provided that:

(1) injured Players, pitchers and catchers may be invited to

attend Spring Training workouts no earlier than forty-three (43)

days prior to the start of the championship season; and

(2) all other Players may be invited to attend Spring Training

workouts no earlier than thirty-eight (38) days prior to the start of

the championship season.

B. Living Away from Club Headquarters

Any Major League Player may live away from the Club’s Spring

Training headquarters, unless the Club can demonstrate good cause for

not permitting him to do so.

C. Meetings with Players

The Association shall have the right to hold one team meeting during

the Players’ normal working hours, with the Players on each Club in

the Club’s Spring Training clubhouse, provided the Association gives

the Club involved as much advance notice as possible, but in no event

less than 10 days; such meeting to be approximately 60 minutes but not

more than 90 minutes in duration starting with the normal reporting

time of Players on each Club, but not earlier than 8:00 A.M. No “B”

games shall be scheduled to conflict with such meetings.

D. Extended Spring Training

A Player on a Club’s Active List may consent to stay in extended

Spring Training until he is directed to report to the Major League Club.

Such Player shall receive first-class jet air and hotel accommodations

in accordance with Article VII(A)(1) and the applicable in-season tip

allowance under Article VII(B)(1), regardless of whether the Player’s

Club is at home or traveling on the road.

ARTICLE XV—Miscellaneous

A. No Discrimination

The Clubs will not interfere with, restrain or coerce Players because of

membership in or lawful activity on behalf of the Association, nor will

they discriminate because of Association activity in regard to hire,

tenure, or employment, or any term or condition of employment.

The provisions of this Agreement shall be applied to all Players cov-

ered by this Agreement without regard to race, color, religion, national

origin, sexual orientation, or any other classification protected under

Federal Law.

B. Parking Facilities

Each Club shall provide or arrange for appropriate automobile parking

spaces for Players and, to the extent practicable, van and small truck

parking spaces for Players, at its home ballpark on game or practice

days, without cost to the Players.

C. Winter League Play

No Major League Player shall be required to play in the Winter

Leagues, provided that this provision shall not bar a Club from recom-

mending the advisability of such activity to any Player.

D. [Reserved]

E. Active Player Limit

(1) Except as set forth in Major League Rule 2(c), the active

Player limit for the period beginning with Opening Day of the

championship season and ending at Midnight, August 31, shall be

25, provided that the minimum number of active Players maintained

by each Club throughout the championship season shall be 24.

However, if a reduction below 24 occurs as a result of unforeseen

circumstances, the Club shall, within 48 hours (plus time necessary

for the Player to report), bring its active roster back to a minimum

of 24 Players. The utilization or non-utilization of rights under this

paragraph (1) is an individual matter to be determined solely by

each Club for its own benefit. Clubs shall not act in concert with

other Clubs.

(2) The active Player limit set forth in Major League Rule 2(c)

for the period beginning with September 1 and ending with the close

of the championship season shall be 40 for the duration of this

Agreement.

(3) Prohibition on Taxi Squads

(a) A Player who is directed to report to the Major League

Club during the championship season in connection with his

potential selection or recall to the Major League Active Roster

must report to the Club upon his arrival in the Club’s city (or the

city of the Club’s opponent); provided, however, that a Player

may be directed by a Club to report on the day following his day

of arrival if: (i) the Player arrives in the Club’s city (or the city of

the Club’s opponent) after the time by which the Club’s Players

are required to arrive for a workout or pre-game activities; or (ii)

there is no game or workout scheduled for the day the Player

arrives. For purposes of this subparagraph, all Players will be

deemed to have reported to the Club no later than the day after

the Player arrives in the Club’s city (or the city of the Club’s

opponent).

(b) A Player who reports to the Major League Club during the

championship season in connection with his potential selection or

recall to the Major League Active Roster cannot remain with the

Major League Club unless he is added to the Major League

Active Roster by the earlier of 8:00 P.M. Eastern Time, or three

hours prior to the Club’s scheduled game, on the day after the

Player reports. If a Player directed to report is not added to the

Major League Active Roster within the time limit set forth in this

paragraph, the Player may not remain with the Major League

Club (including remaining in the Major League Club’s city at the

request of the Club). When a Club directs a Player to report to the

Major Leagues and then returns the Player to the Minor League

club without selecting or adding him to the Active Roster, the

return must be justified based on a change in the circumstances

that led the Club to anticipate the Player’s selection or recall.

added to the Active Roster, a Player may participate in one work-

out and/or orientation without receiving Major League salary or

service, but may not be in uniform for a game or otherwise

occupy the bullpen, dugout, or field after the official end of his

Club’s batting practice.

(d) A Player shall receive the applicable in-season meal and

tip allowance under Article VII(B), regardless of whether the

Club is at home or on the road, for the day he reports to the Club

pursuant to subparagraph 3(a) above. For Players who are added

to the Active Roster, the in-season supplemental allowances pro-

vided for by Article VII(E) (to the extent applicable) shall com-

mence on the day that they are added to the Active Roster. A

Player who is returned to the Minor Leagues on the day after

reporting (pursuant to subparagraph 3(b) above) shall be entitled

to the Article VII(B)(1) allowance on the day of his return only if

he joins his Minor League club after the start of the Minor

League club’s game (or he arrives after 6:00 P.M. if no Minor

League game is scheduled).

(e) A Player assigned from a Major League Club to a Minor

League club may not remain with the Major League Club for

more than 24 hours. Nothing contained in this paragraph is

intended to affect the 72-hour reporting requirement contained in

Regulation 7 of the UPC.

(f) Players who are not on the Club’s Opening Day Major

League Active Roster on the day that the championship season

commences for any Club may not remain with the Major League

Club after the time by which Opening Day rosters must be fixed.

F. Spanish Translations and ESL Courses

(1) Spanish Translation of Notices. This Agreement and the fol-

lowing notices and/or forms listed below shall be translated and

printed in Spanish and shall be made available to all Spanish-speak-

ing Players.

(a) Article XIX(A)(3) Advance Consent;

(b) Article XIX(A)(3) Advance Consent (Free Agent Election

Option);

(d) Consent to Transfer of Rehabilitation;

(e) Acknowledgment of Rehabilitation Directive at Club’s

Spring Training Facility;

(f) Consent to Continue Rehabilitation at Club’s Spring Train-

ing Facility Beyond 20 Days;

(g) Notice of Contemplated Outright Assignment (To Players

with Three or More Years of Major League Service or a Prior

Outright Assignment);

(h) Notice of Contemplated Outright Assignment (To Players

with “Super Two” Status);

(i) Notice of Contemplated Outright Assignment (To Players

with Five or More Years of Major League Service);

(j) Notice of Contemplated Outright Assignment Under Arti-

cle XIX(C)(2)(a) (To Injured “Super Two” Players);

(k) Notice of Contemplated Optional Assignment (To Players

with Five or More Years of Major League Service);

(l) Notice of Unconditional Release Waivers for Purpose of

Unconditional Release;

(m) Notice of Unconditional Release and Termination of

Major League Contract; and

(n) Notice of Disposition.

The costs for the translation and printing shall be borne equally by

the Association and the Clubs. In the event of any dispute involving

the interpretation of, or compliance with, the provisions of this

Agreement or these notices, the English version shall govern.

In addition, each Club shall request that its Players specify whether

they prefer to receive all notices and forms in English or Spanish. At

a Player’s election, his Club shall be obligated to translate into

Spanish any notice or form it provides to him pursuant to the Basic

Agreement, Major League Rules, or Uniform Player’s Contract, or

otherwise; provided, however, that the failure to provide notice in

Spanish shall not constitute a default of the Club’s obligation to pro-

vide such notice if the notice was timely provided in English.

(2) English Language Acquisition

(a) ESL Courses.

During each championship season covered by this Agreement,

each Club will make available an English-as-a-second-language

course, at its expense, provided that at least one Player on that

Club requests such a course.

(b) Mobile Application. The Association and the Commis-

sioner’s Office shall jointly identify and make available to play-

ers an English-language learning mobile application to allow

players to pursue additional learning on off-days, or during the

off-season, and shall provide a license to use that software to any

player who requests one. A player who has one day of Major

League service during a season shall be eligible to receive a

license for the software for the duration of the season. All

expenses related to the application shall be funded jointly

through the International Signings Tax Fund described in Attach-

ment 46 of the 2012–16 Basic Agreement (“ITF”).

(3) Bilingual Media Coordinator

(a) Translation. Each Club shall retain a full-time, year-

round, Bilingual Media Coordinator (“Coordinator”), who will

report directly to the Club’s Public Relations Director and/or

General Manager, or to another individual with the permission of

the Commissioner’s Office and the Players Association.

(i) Duties. The Coordinator will serve a number of func-

tions, as follows:

(A) The Coordinator must be available for all scheduled

pre- and post-game media interviews (i.e., reporting no later

than 3:00 P.M. for night games and remaining available

until post-game interviews are completed).

(B) The Coordinator is expected to be with the Club at all

times, including Spring Training workouts and games,

home and road games, and during the post-season.

related events to be covered by local or national media at

which Major League Players are present.

(D) The Coordinator shall be available on an as-needed

basis to assist Players with questions regarding the logis-

tics of their employment as a Major League Baseball

Player (including transportation, lodging, etc., but exclud-

ing contract interpretation and contract formation ques-

tions, which remain the province of the Players Association

and certified Player Agent(s) as described in Article IV of

the Basic Agreement).

(b) Qualifications. The Coordinator must be fluent in Eng-

lish and Spanish, and have excellent written and oral communi-

cation skills in English and Spanish. The Coordinator should

have excellent interpersonal skills and the ability to handle con-

fidential matters with sensitivity and discretion. The Coordinator

should be familiar and up to date with relevant idioms in both

languages. The Coordinator must be able to work long hours,

including nights, holidays and weekends, and be able to travel

both domestically and internationally. The Coordinator also

should have a working knowledge of baseball, media relations,

and baseball-related statistics.

shall reimburse each Club up to the following amounts to offset

expenses incurred in satisfying the foregoing requirements:

(i) 2017 $65,000

(ii) 2018 $65,000

(iii) 2019 $50,000

(iv) 2020 $50,000

(v) 2021 $50,000

Such reimbursement shall be jointly funded through the ITF. An

individual’s current or prior title or role with the Club (or with

another Club) shall not limit a Club’s eligibility for reimburse-

ment hereunder, so long as that individual satisfies the qualifica-

tions listed in subsection (b), above, and performs the duties

listed in subsection (a) above. The Players Association shall have

the right to review each candidate with the Commissioner’s

Office to confirm compliance with the Basic Agreement and eli-

gibility for the subsidy.

G. Future Expansion

During the term of this Agreement, the Clubs have the right to expand

the number of Major League Clubs by adding up to two (2) new

Expansion Clubs. Notice of a decision to expand by two Clubs shall

promptly be given to the Association and the Association may reopen

this Agreement with reference solely to the effect upon the Players of

such expansion, upon the giving of 10 days’ written notice.

H. Future Contraction

The Office of the Commissioner and/or the Clubs shall not undertake

any centralized effort to reduce the number of Major League Clubs

effective for a season covered by this Agreement; provided, however,

that nothing in this Article XV(H) shall preclude the owner or owners

of an individual Club from taking action (e.g., bankruptcy) that would

result in the elimination of such Club. See Attachment 8.

I. Sale of Club

In all instances of the sale, trade, exchange or other change or transfer

in the ownership of a franchise, all obligations owed to present or for-

mer Players arising under a Uniform Player’s Contract shall be the

obligation of the new ownership of such franchise.

J. Default Notice

During the term of this Agreement, the right of a Player to terminate

his Uniform Player’s Contract pursuant to the provisions of the first

sentence of paragraph 7(a) of such Contract shall be limited to defaults

or failures to perform which are material in nature; and any notice of

alleged default filed by a Player under paragraph 7(a) of the Uniform

Player’s Contract must be filed with the Club (with a copy to the LRD)

by the Association, in writing, plainly labeled as a default notice.

Should such a material breach on the part of a Club be alleged, the

Club, the Player involved, the LRD and the Association will cooperate

in scheduling the handling of any Grievance brought with respect to

such alleged breach so that such Grievance may be submitted to arbi-

tration on an expedited basis.

K. Interest Rate

A uniform annual interest rate, equal to the total of the prime interest

rate in effect at The J.P. Morgan Chase Bank on the immediately pre-

ceding November 1, plus 1%, rounded to the nearest full percentage

point, shall be applied with respect to the following matters:

(1) the calculation of the “discounted present value” referred to

in Article VI(B)(2)(a)(ii) above, unless the Club and Player mutually

agree otherwise;

(2) the calculation of the “present value” referred to in Article

IX(F)(1)(b) above; and

(3) the calculation of the interest referred to in Article XII(A)(3)

above.

See Attachment 3.

L. Players Association Tickets

(1) The Association shall have the right to purchase eighteen

(18) tickets each for the All-Star Game, the Wild Card Games, the

Division Series, the League Championship Series and the World

Series, which tickets shall not be used for commercial purposes.

Such tickets will be for seats located between first base and home

plate or home plate and third base on field level or the first level

above field level, except the Clubs will not require the holders of

full regular season ticket plans to be relocated. Six (6) of the eight-

een tickets made available to the Association for each event shall be

“preeminent” seats. A “preeminent” seat is a seat that is located in a

location comparable to the seats that Clubs provide the Office of the

Commissioner for use as the “Commissioner’s Box.”

(2) The Office of the Commissioner will review with the Asso-

ciation the seat locations proposed by the Clubs to comply with their

obligations under Section (1) above as soon as that information is

received by the Office of the Commissioner. The Office of the Com-

missioner will consider in good faith reasonable requests made by

the Association to change the location of its allotted tickets.

M. Family and Medical Leave Act

The Clubs will comply with the requirements of the Family and Med-

ical Leave Act (29 U.S.C. 2601 et seq.) and will allow Players to uti-

lize the Bereavement, Medical Emergency and Paternity leaves

provided in Major League Rules 2(n) and (o). Medical Emergency and

Paternity leaves shall run concurrently with any leave available under

the Family and Medical Leave Act.

N. All-Star Game

(1) Roster

The roster for each All-Star team shall be 32 players, with 20

position players and 12 pitchers.

(2) Designated Hitter

Both the National League team and the American League team

will utilize the Designated Hitter Rule (see Official Baseball Rule

5.11(a)) regardless of whether the game is played in an American

League or a National League ballpark.

(3) Election and Selection Process

(a) Fans shall elect nine (9) starting position players in the Amer-

ican League and eight (8) starting position players in the National

League. Starting position players and designated hitters must play a

minimum of three (3) innings and must get at least one (1) at bat.

(b) Players on the Active Rosters of the Clubs and the Disabled

Lists, as well as managers and coaches, shall elect the next nine (9)

position players, including a designated hitter, in the American

League, the next eight (8) position players in the National League,

as well as five (5) starting pitchers and three (3) relief pitchers in

each League (the “player selections”), in balloting to be conducted

by the Office of the Commissioner and Players Association offi-

cials. The voting shall take place by League only. The balloting shall

afford all voters with the opportunity to designate five (5) starting

pitchers, three (3) relief pitchers and two (2) players at each non-

pitching position, a first choice and a second choice. Voters are per-

mitted to vote for Players on their own team.

Commissioner’s Office shall select in the case of the National

League seven (7) players (the “additional players”), of whom four

(4) shall be pitchers. In the case of the American League, the Com-

missioner’s Office shall select four (4) pitchers and one (1) posi-

tion player. Final authority for the selection of additional players

shall reside with the Commissioner’s Office.

(d) The last position player on each team will be selected in an

online fan balloting process conducted by MLB.com. The Com-

missioner’s Office shall select the players to be listed on the online

ballot.

(e) Mandatory Participation

(i) Each player elected or selected to the All-Star team is

required to attend the All-Star Game as an eligible participant on

the roster and stay for the duration of the game unless: (A) he is

on the Disabled List on the Sunday immediately preceding the

All-Star Game; (B) he does not play in his Club’s final two games

immediately preceding the All-Star Game due to injury; (C) he is

a starting pitcher who misses his last scheduled start immediately

preceding the All-Star Game due to injury; (D) he suffers an

injury in either of the two games immediately prior to the All-Star

Game and submits (to both the Office of the Commissioner and

the Players Association) a certification from his Club physician,

with supporting medical records, documenting the injury and cer-

tifying that he is unable to participate in baseball activities, and

the Office of the Commissioner approves the certification; (E) his

Club advises him to refrain from baseball activities during the

All-Star Break to treat a chronic injury or condition and submits

(to both the Office of the Commissioner and the Players Associ-

ation) a certification from his Club physician, with supporting

medical records, documenting the injury and endorsing the

Club’s recommendation, and the Office of the Commissioner

approves the Club’s recommendation; (F) he is unable to render

services on the day of the All-Star Game for reasons that would

justify his placement on the Major League Bereavement/Family

Medical Emergency List or the Major League Paternity List; or

(G) he is ineligible to participate in the All-Star Game under the

Major League Rules, including, but not limited to, his placement

on the Restricted or Disqualified Lists.

(ii) Any player elected or selected to the All-Star team who is

not excused from participation by the Office of the Commis-

sioner must participate in all activities required of All-Stars as

defined by past practice. In addition, players who participate in

the All-Star Game must remain in uniform and in the dugout or

bullpen until the conclusion of the game, unless permission is

received in advance by the Commissioner’s Office to release the

player early.

(f) Substitutions

. In the event a player who is a player selection

does not participate in the All-Star Game pursuant to paragraph 3(e)

above, the priority of substitution shall be the player balloting,

except that the Commissioner’s Office will make the selection if the

top five starting pitchers in the player balloting, the top three relief

pitchers in the player balloting or the top three position players at the

position in the player balloting, whichever is applicable, already

have been named to the team or are unable to participate in the game.

Notwithstanding anything to the contrary in the substitution rules, in

no event shall a player be named as a replacement in the All-Star

Game if, at the time he would be selected as a replacement, he is

unable to play in the All-Star Game. In the event that a player who is

a fan or Commissioner’s Office selection is unable to play in the All-

Star Game, the Commissioner’s Office shall select the replacement,

but the starter at that position shall be a player selection.

(g) All teams shall be entitled to be represented in the All-Star

Game. In the event the fan and player balloting does not produce

such representation, the required representation shall come exclu-

sively from the additional players. (See subparagraph (c) above)

(h) In online fan balloting conducted by MLB.com, fans shall be

afforded the opportunity to participate in the naming of the All-Star

Game Most Valuable Players (“MVP”). The player selected by the

fans shall receive votes not to exceed one-fourth of the number of

sportswriters casting votes for MVP.

(4) Emergency Replacements

In the event that either All-Star team uses its last catcher, and that

catcher leaves the game due to injury, that team may substitute a

catcher who has previously appeared in the game. In addition, prior

to the All-Star Game, each manager will notify the umpire crew

chief of one player selected pursuant to paragraph 3(c) above who

has been designated as eligible to return to the game in the event that

the last position player at any position is injured and must leave the

game.

(5) Reserve Pitching Plan

On the day before the All-Star Game, each manager must meet

with the Commissioner or his designee to explain his plan for

reserve pitching should the game extend into extra innings. The plan

should contemplate up to six (6) extra innings and should designate

a starting pitcher who is eligible for extra-innings work. On the day

before the All-Star Game, the Office of the Commissioner shall pro-

vide the Players Association with a written description of each man-

ager’s plan. In managing the All-Star Game, the manager shall

adhere to the extra innings plan presented to the Commissioner or

his designee.

(6) Participant Benefits

In addition to the All-Star Game and Home Run Derby partici-

pant benefits described in Article VII(D), all Players on the Active

Roster (i.e., available to play in the All-Star Game) of the winning

team shall share equally in a $640,000 bonus.

(7) Players Trust Benefits

(a) The Office of the Commissioner shall arrange, as part of the

presentation of each year’s Home Run Derby, at least one minute or

longer for a Player interview during the actual broadcast of the

Derby, the focus of which interview shall be on Trust activities. The

Player interviewed will also be offered the opportunity to continue

the discussion during a brief period of the competition. Players

Association personnel will be available for consultation with the

broadcaster prior to the interview.

(b) The Office of the Commissioner shall arrange, as part of the

presentation of the All-Star Game, a meaningful promotion of the

Players Trust during the national broadcast of the All-Star Game

through the broadcast of a promotional highlight of Players Trust

activities. Players Association personnel will be available for con-

sultation with the broadcaster prior to the promotion.

(8) Miking

A catcher, first baseman, and one or more outfielders playing in

the All-Star Game will be encouraged by the Players Association to

wear a microphone on a seven-second delay, in accordance with the

standards in subparagraphs (a)-(c) below, provided that staff from

the Players Association shall be exclusively responsible for commu-

nications with Players in this regard. The Players Association will

guarantee that a minimum of two Players per All-Star Team will

wear a microphone. Major League Baseball’s broadcast partner for

the game also may embed microphones in locations on the field,

including in or around the bases, for the purpose of capturing ambi-

ent sounds of the game. On or before seven days prior to the All-Star

Game, the Players Association shall be provided with a written

description of where all such on-field microphones will be located.

(a) Audio from microphones may be telecast only on a

delayed basis during the telecast. Before audio from a micro-

phone can be included in the telecast, it must be reviewed and

approved by an official from the Players Association and the

Office of the Commissioner, both of whom shall be present in the

booth/truck.

(b) The network is not permitted to play back any remarks

(regardless of the language in which such remarks were spoken)

or other audio which (i) would embarrass, be prejudicial to,

detrimental to, or critical of, Major League Baseball, the Play-

ers Association, the individual wearing the microphone, Players,

fans or umpires; (ii) include any profanity (regardless of

whether the profanity was bleeped out or otherwise deleted or

modified with other sounds; or (iii) likely would be construed as

inflammatory.

entity authorized by MLB to record audio from microphones shall

be required to: (i) provide to MLB Properties any and all audio

from game worn microphones capturing the voice of a Player, or

containing remarks about a Player, that is not used in the telecast;

and (ii) destroy or permanently delete while on-site all files

(including back-up or copies of any kind) containing such audio,

and provide written certification to a senior representative at MLB

Properties and the Players Association that such destruction or

deletion has occurred. MLB Properties will not use any unaired

audio, or authorize others to use any unaired audio, without the

express written consent of the Players Association.

O. Special Events

Up to two series (including a one-game or two-game stand) per

championship season may be scheduled in the continental United

States or Canada at a site other than a Major League or Minor League

ballpark (each a “Special Event”) provided that each of the criteria

below are met:

(1) The game is included in the original schedule provided to the

Players Association on or before July 1 each year.

(2) The scheduling of the Special Event conforms to all schedul-

ing provisions of the Basic Agreement, including provisions regard-

ing game times and getaway days.

(3) The Office of the Commissioner shall consult with the Play-

ers Association regarding the start times of the games scheduled for

each participating Club on the days immediately preceding and

immediately following the Special Event. The scheduling of such

Events will take into account the travel obligations that will be

imposed on the participating Clubs, including but not limited to the

proximity to an airport, total travel duration and the start times for

the games immediately before and after the Special Event.

(4) The Players shall stay in first-class hotels in the metropolitan

area of the site of the Special Event, to the extent such hotels are

available, and the Commissioner’s Office will consult with the Play-

ers Association before a hotel is selected.

(5) The site of the Special Event shall have a field, dugouts, and

clubhouses that conform to Major League standards, and the Play-

ers Association shall have the right to inspect the facilities before

the game(s), consistent with past practice.

(6) Except as set forth herein, all costs associated with staging a

Special Event will be borne by the Commissioner’s Office and not

paid for using joint funds.

(7) To the extent practicable, both Clubs shall be provided food,

facilities, and amenities (including exclusive facilities for training

and medical treatment, workout facilities, and batting cages) com-

parable to those provided at a Major League ballpark.

(8) No Club may be scheduled for a Special Event more than

once during a season or more than twice during the term of the Basic

Agreement, absent consent from the Players Association.

(9) Each Player on the participating Clubs’ Active Roster shall

receive a one-time stipend of $15,000 (per game), payable from the

ITF, in addition to the applicable in-season meal and tip allowances.

(10) The Office of the Commissioner shall make a $100,000

donation to the Players Trust for each Special Event (payable on or

before the date of the Special Event).

(11) At least ninety (90) days before each Special Event, the

Office of the Commissioner will provide the Players Association

with its plan to promote the event and related activities, and all pro-

motional, charitable or commercial activities involving Players in

connection with the Special Event shall be subject to negotiation

with the Players Association.

(12) Each participating Club shall receive a one-time stipend of

$40,000 (per game), payable from the ITF, to distribute among its

non-playing personnel who participate in the Special Event (e.g.,

managers, coaches, and trainers). All Club personnel (other than

clubhouse staff) are prohibited from directly or indirectly soliciting

contributions or gratuities (in any form) from Players in connection

with the Special Event. Violations of this rule will result in a forfei-

ture of non-player personnel compensation.

(13) Participating Clubs shall be permitted to add an additional

position player to the Active Roster. Both Clubs shall return to the

pre-event number of Active Roster members upon the conclusion of

the Special Event (see Major League Rule 2(c)(2)(A)(ii)(cc)-(gg)).

(14) The Office of the Commissioner and the Players Associa-

tion will consult on the making of arrangements in connection with

a Special Event (e.g., venue, travel, hotel, and hospitality). The Par-

ties will meet and confer at least twice per month to discuss the stag-

ing of the Special Event. The Parties will also meet and confer

within thirty (30) days after each Special Event for the purpose of

discussing issues that arise and potential changes for future Special

Events.

(15) The Office of the Commissioner shall consult with the Play-

ers Association before hiring any promoter or non-MLB event staff

in connection with any Special Event; and

(16) Whenever practicable, the Office of the Commissioner and

the Players Association will memorialize each Special Event,

including the players’ involvement with it, through the installation

of a plaque (or comparable recognition) at the event site.

ARTICLE XVI—Deferred Compensation

There shall be no limitations on either the amount of deferred compen-

sation or the percentage of total compensation attributable to deferred

compensation for which a Uniform Player’s Contract may provide.

Deferred compensation obligations incurred in a Contract executed

after December 31, 1985 but before September 30, 2002 must be fully

funded by the Club, in an amount equal to the present value of the total

deferred compensation obligation, on or before the third January 1 fol-

lowing the championship season in which the deferred compensation

is earned. Deferred compensation obligations incurred in a Contract

executed on or after September 30, 2002 must be fully funded by the

Club, in an amount equal to the present value of the total deferred com-

pensation obligation, on or before the second July 1 following the

championship season in which the deferred compensation is earned.

For purposes of this Article XVI, full funding of the present value of

deferred compensation obligations shall mean that the Club must have

funded, for the duration of and without interruption in each year, the

current present value of the then outstanding deferred payments, dis-

counted by 5% annually. If the prime interest rate in effect at The J.P.

Morgan Chase Bank on the immediately preceding November 1 is 7%

or higher, the Parties shall meet and confer regarding this Article XVI

discount rate and may, with due notice to the Clubs, amend such dis-

count rate effective the next succeeding July 1.

Notwithstanding the above funding requirement, each Club shall be

entitled to an annual deductible amount of deferred compensation

which need not be funded for Contracts executed before December 11,

2011. Such deductible amount shall be applied to the aggregate of Uni-

form Player’s Contracts executed during a given Basic Agreement

period before December 11, 2011, and shall be in an amount equal to

the lesser of $2,000,000 or the present value of the total deferred com-

pensation obligations owed by a Club pursuant to Uniform Player’s

Contracts executed during a given Basic Agreement period before

December 11, 2011. The deductible amount applicable to Uniform

Player’s Contracts signed during a given Basic Agreement period

before December 11, 2011 is applied against the Club’s current aggre-

gate deferred compensation funding obligations from Uniform

Player’s Contracts signed during that Basic Agreement period and not

any particular Uniform Player’s Contract(s).

Unless the Uniform Player’s Contract provides otherwise, a Club may

fund deferred compensation obligations in such manner as it elects,

provided that: (a) the funding method used by the Club must be such

that the amount(s) funded are exclusively for the uses and purposes of

satisfying the deferred compensation obligation(s) being funded; (b)

the amount(s) funded are maintained in the form of unencumbered

assets comprising cash or cash equivalents and/or registered and unre-

stricted readily marketable securities, unless a Club obtains the Parties’

prior written authorization of an alternative form; and (c) such

amount(s) funded are subject to the claims of the Club’s general cred-

itors. Each Club shall certify quarterly to the Office of the Commis-

sioner by January 31, April 30, July 31, and October 31 of each year

(and the Office of the Commissioner shall provide such certifications

to the Association within 30 days of their receipt) the manner in which

its deferred compensation obligations that were required to be funded

by the immediately preceding July 1 have been funded. In addition,

upon each quarterly certification, each Club shall provide to the Office

of the Commissioner all records relating to its deferred compensation

funding arrangements, and the Office of the Commissioner shall sup-

ply any such records to the Association upon request.

ARTICLE XVII—Existing Agreements

The Parties recognize that there are existing agreements between a

Major League Club or Clubs and the Players or the Association, and

between either of the Major Leagues separately and the Players or the

Association. The Parties reaffirm such agreements and incorporate

them as part of this Agreement insofar as they are not inconsistent with

this Agreement. Such agreements shall be considered agreements

between the Association and the Clubs or any of them for the purpose

of the Grievance Procedure provided for in Article XI hereof.

The following three agreements between the Clubs and the Association

shall not be incorporated as part of this Agreement and shall not be

affected by the adoption of this Agreement:

(a) The Major League Baseball Players Benefit Plan;

(b) The Agreement re Major League Baseball Players Benefit

Plan; and

ARTICLE XVIII—Rule Changes

If during the term of this Agreement any Major League Rule, or other

rule or regulation is proposed to be changed, the Clubs agree that they

shall give the Association notice thereof, and shall negotiate the pro-

posed change with the Association, provided that the obligation to

negotiate with the Association provided by this Article XVIII shall

apply only to (a) a change in a Player benefit under an existing rule or

regulation and (b) the adoption of a rule or regulation which would

change a Player benefit under an existing rule or regulation or impose

an obligation upon the Players which had not previously existed.

Except as specifically provided in this Article XVIII, the right of the

Clubs to make any rule change whatsoever shall not be impaired or

limited in any way, provided that the Clubs shall not make any change

which is inconsistent with the provisions of any then existing agree-

ment between the Clubs and the Association.

Notwithstanding the foregoing paragraph, if during the term of this

Agreement any playing or scoring rule is proposed to be changed, the

Clubs agree that they shall give the Association notice thereof, and

shall negotiate the proposed change with the Association, provided that

the obligation to negotiate with the Association shall apply only to

changes which significantly affect terms and conditions of employ-

ment. Such proposals to change playing or scoring rules shall normally

be made only during the off-season. If the Clubs and the Association

fail to reach agreement on a proposed change which is subject to nego-

tiation, the proposed change shall not be put into effect until the com-

pletion of the next complete succeeding season (including the Wild

Card Game, Division Series, League Championship Series and World

Series) following the date the change was proposed.

ARTICLE XIX—Assignment of Player Contracts

A. Consent to Assignment

(1) The contract of a Player with ten or more years of Major

League service, the last five of which have been with one Club,

shall not be assignable to another Major League Club without the

Player’s written consent. At his sole election, however, a Player

may, at the time he signs a multi-year contract with a Club, waive

the right to prevent an assignment of his contract under this Section

A(1), provided that the multi-year contract (a) is signed before the

Player has attained ten or more years of Major League service, the

last five of which have been with one Club, and (b) contains a no

trade provision that, at a minimum, limits the Club’s right to assign

the Player’s contract, during each of its years, to no more than six-

teen (16) Clubs designated or subsequently to be designated by the

Player.

(2) (a) The contract of a Player with five or more years of Major

League service, not including service while on the Military List (or

seven or more years of Major League service, including service

while on the Military List), shall not be assigned otherwise than to

another Major League Club, without the Player’s written consent.

(b) Not earlier than 4 days prior to the contemplated date of

an assignment requiring the Player’s consent under subparagraph

(a) above, or 8 days, if the Player has no options remaining or if

the assignment is during the period from the close of the

championship season to the opening of Spring Training, the Club

shall give written notice to the Player, with a copy to the Associ-

ation, which shall advise the Player that he may (i) consent to the

assignment, (ii) refuse the assignment or (iii) elect to become a

free agent. Additionally, the notice shall advise that in the event

that the Player consents to the assignment, he may elect free

agency between the end of the then current Major League season

and the next following October 15, unless he is returned to a

Major League roster prior to making such election.

The Player shall also be informed in the notice that, within 2

days after the date of the notice, or 3 days, if during the period

from the close of the championship season to the opening of

Spring Training, he must advise the Club in writing as to his deci-

sion to consent to the assignment or to elect to become a free

agent. A failure on the part of the Player to respond to the notice

shall constitute a refusal of the assignment. No response from the

Player shall be considered effective until twenty-four hours from

his receipt of the Club’s notice; provided, however, if such elec-

tion would result in the forfeiture of termination pay, the election

shall not become effective unless and until the Association con-

firms the election in writing.

paragraph (2), and whose free agency election is confirmed in

writing by the Association, shall immediately be eligible to nego-

tiate and contract with any Club without any restrictions or qual-

ifications and shall not be entitled to receive termination pay.

Such a free agent shall receive transportation and travel expenses

in the same manner as he would if he had been unconditionally

released except that he shall be limited to receiving travel

expenses to his new club if he reports to it directly, provided such

expenses are less than to his home city.

(3) Any Player who has a right to refuse the assignment of his

contract under paragraph 2(a) above may grant consent to an

assignment of his contract in advance of any specific contemplated

assignment if such consent (a) is granted not more than ten (10)

days prior to the start of the championship season for which the

consent is given, (b) is in writing, (c) designates the assignee Club

and (d) requires that the assignment take place within 45 days from

the start of the championship season or the date on which the con-

sent is granted, whichever is later. The Club shall provide a copy of

the Player’s consent to the Association contemporaneously upon

the Club’s receipt of such consent. No Club shall attempt to secure,

by any Major League terms included in a Minor League Uniform

Player Contract, an advance consent to an assignment to a Minor

League club, and any consent so secured shall have no force

or effect.

B. Assignment to Minor League club

When a Player’s contract is assigned from a Major League Club to a

Minor League club, the rights and benefits of such Player that do, and

do not, follow him to the Minor Leagues shall be in accordance with

past practices. Additionally, such a Player shall retain the right, if any,

to become a free agent, or to require the assignment of his contract,

which he possessed under his then current Major League contract as

provided in Article XX hereof, which right shall not be diminished or

interfered with as a result of such assignment or the signing by the

Player of a Minor League contract, provided that such right shall ter-

minate if and when such Player signs a Minor League contract follow-

ing the time when his free agency rights arise under Article XX.

C. Disabled List—Assignment to Minor League club

(1) There shall be no assignment of a Player by a Major League

Club to a Minor League club while such Player is on a Major

League Disabled List.

Players may not be reinstated from the Disabled List for purposes

of assignment to a Minor League club until they are ready to play.

Players who are injured and not able to play may not be assigned to

a Minor League club. However, if a Player who is on optional

assignment consistent with this provision is assigned to another

Major League Club, he may be optioned immediately by the

assignee Club without violating this prohibition, regardless of

whether the Player is injured and unable to play at the time of the

assignment.

Grievances alleging a violation of Article XIX(C)(1) that have

the potential to affect a Player’s status under Article VI(E), XX(B)

or XX(D) shall be submitted to arbitration prior to Grievances that

do not affect the status of Players.

(2) Notwithstanding Section C(1) above, a Player who is injured

and not able to play may be assigned to a Minor League club:

(a) During the period immediately following the close of the

championship season and before the filing of Major League

Reserve Lists under Major League Rule 2(a), if:

(i) the Player’s Major League Uniform Player’s Contract

does not cover the next succeeding season; and

(ii) the Player, if he otherwise would have been eligible

for salary arbitration as a “Super Two” Player (see Article

VI(E)(1)(b)), may elect free agency under the procedures con-

tained in Article XX(D) in lieu of accepting the assignment;

provided, however, that a Player who accepts the assignment

shall not have a right, by virtue of such acceptance, to elect free

agency following the next succeeding championship season.

(b) During the period immediately following the filing of

Major League Reserve Lists and before the 15th day prior to the

start of the next championship season, if:

(i) the Player has less than three years of Major League

service;

(ii) the contemplated assignment would not be the Player’s

second (or subsequent) career outright assignment since

March 19, 1990;

(iii) the Player had no Major League service the prior

championship season; and

(iv) the Player was not selected by the assignor Major

League Club in the immediately preceding Rule 5 Draft.

(3) Rehabilitation Assignments

(a) Notwithstanding Section C(1) above, a Player on the Dis-

abled List may be assigned to a Minor League club for the pur-

pose of rehabilitation with the Player’s written consent, a copy of

which shall be forwarded to the Association, and with the

approval of the Commissioner. See Attachment 39.

(b) Separate consent shall be required for a rehabilitation

assignment for a new injury or a reoccurrence of an injury. In

order for a Player’s written consent to be effective, the duration

of his rehabilitation assignment must be the product of good faith

negotiation between the Player and Club. No consent shall be

effective for longer than twenty days (thirty days for pitchers).

League club for up to a maximum of twenty days (thirty days for

pitchers) for each injury, or reoccurrence of an injury, for the pur-

pose of rehabilitation. However, a Player may provide more than

one consent for the same injury, or a reoccurrence of an injury, if

the total number of days of the rehabilitation assignment for that

injury or reoccurrence does not exceed a maximum of twenty

days (thirty days for pitchers). Notwithstanding the foregoing, a

Player rehabbing from UCL reconstruction surgery may consent

to up to three consecutive ten-day extensions of his rehabilitation

assignment, with the approval of the Commissioner’s Office and

the Association.

(d) Any service with a Minor League club while on rehabili-

tation assignment shall be deemed to be Major League service as

defined in Article XXI. A Player so assigned shall continue to

receive his Major League salary and the other rights and benefits

of such Player shall be in accordance with past practices relating

to assignments to Minor League clubs; provided, however, that

all such players shall be treated as if they were Major League

Players on the road for purposes of hotel accommodations and

the daily meal and tip allowance. Such assignment shall not be

counted as an optional assignment under Major League Rule 11

or for any other purpose, and waivers shall not be required.

D. Foreign Assignments

Except for the return of conditional assignments from outside the

United States and Canada, the contract of a Player shall not be assigned

otherwise than within the United States and Canada, without the

Player’s written consent.

E. Optional Assignments

If a Player is optionally assigned for a total of less than 20 days in one

championship season, such optional assignment(s) shall not count as

an optional assignment in connection with the limitation upon optional

assignments provided for in Major League Rule 11(c). See Article

XXI(B).

For purposes of counting days on option, the date of the optional

assignment shall be counted and the date of recall shall not be counted,

provided that the date of the optional assignment shall not be counted

if the assignment takes place after the start of a Major League game in

which the Player otherwise would have been eligible to play, and the

date of recall shall be counted if the recall takes place after the start of

any Minor League game in which the Player was eligible to play.

F. Waivers

Any assignment of a Player contract must conform to the rules regard-

ing waivers contained in Major League Rule 10.

In addition, each Friday, not later than 3 P.M. Eastern Time, the Office

of the Commissioner shall notify the Association of all waiver requests

and their disposition. Notification shall include:

(1) the date on which the waiver request was made;

(2) the date of expiration of the waiver period;

(3) if the waiver period has expired, whether or not claims were

filed;

(4) if claims are not filed, the period for which waivers have

been granted; and

(5) if claims were filed, whether or not the Club requesting

waivers has withdrawn its request. In the event claims were filed and

the Club requesting waivers has withdrawn its request, the Office of

the Commissioner need not identify the claiming Club or Clubs.

G. Designated Player

A Player who is in the status of a “designated player” under Major

League Rule 2(k) shall, during the period he is in such status, be

(1) paid at the rate of his Major League salary and

(2) credited with Major League service.

A Player who is in the status of a “designated player” under Major

League Rule 2(k) shall be unconditionally released or his contract

assigned within 7 days after he is placed in the status. A Club must

request the necessary waivers in a time frame that will allow it to

unconditionally release or assign the player within the 7-day period.

The days between and including Christmas Day and New Year’s Day

shall not count toward the 7-day limit.

H. Unconditional Release

Notwithstanding the provisions of Major League Rule 8 and paragraph

7(d) of the Uniform Player’s Contract, the following procedure may be

used to give notice to a Player in connection with his unconditional

release.

At the same time the Club advises a Player in writing that the Club

has requested waivers for the purpose of unconditional release, and

the date on which the waiver request will expire, the Player shall

advise the Club in writing of the address and telephone number to

which the Club should telephone or send written notice of termination

to the Player upon the expiration of the waiver period. If the Player

fails to supply a telephone number or address, the Club may use the

most recent address or telephone number the Player has supplied the

Club.

Upon the expiration of the waiver period, the Club shall either give tele-

phone or written notice of termination

to the Player. In addition, the

Player may call the Club to determine whether his contract has been

claimed.

I. Forms

In any case in which a Player’s consent must be secured prior to the

assignment of his contract (see Article XIX(A)(1), Article XIX(A)(2)(a),

Article XIX(A)(3) and Article XIX(C)(3)) or in which a Player may

elect free agency in lieu of accepting the outright assignment of his

contract (see Article XX(D)(1) and (2)), the form given to the Player

must include the Player’s name in typewritten form.

ARTICLE XX—Reserve System

A. Reservation Rights of Clubs

Subject to the rights of Players as set forth in this Agreement, each

Club may have title to and reserve up to 40 Player contracts. A Club

shall retain title to a contract and reservation rights until one of the fol-

lowing occurs:

(1) The Player becomes a free agent, as set forth in this Agree-

ment;

(2) The Player becomes a free agent as a result of

(a) termination of the contract by the Club pursuant to para-

graph 7(b) thereof,

(b) termination of the contract by the Player pursuant to para-

graph 7(a) thereof,

Player, by Central Tender Letter submitted to the Association, the

Club’s tender of a new contract within the time period specified

in paragraph 10(a) of the contract (see Attachment 9), or

(d) failure by the Club to exercise its right to renew the con-

tract within the time period specified in paragraph 10(a) thereof;

(3) The contract is assigned outright by the Club.

On or before 8 P.M. Eastern Time on December 2 (or, if December 2

is a Saturday or Sunday, then on or before the preceding business day)

the Office of the Commissioner shall satisfy the Clubs’ tender obliga-

tions pursuant to paragraph 10(a) of the Uniform Player’s Contract by

submitting to the Association a letter listing, by Club, the Players to

whom each Club is tendering a contract for the term of the next year

(“Central Tender Letter”). The Central Tender Letter shall, consistent

with Article VI(A) and Article VI(B), include for each Player so ten-

dered the salary or salaries, performance bonuses and/or other terms,

if any, offered by the Club. The Central Tender Letter also shall sepa-

rately list, also by Club, those players who have not been tendered a

contract for the term of the next year. The Office of the Commis-

sioner, at the time it transmits the Central Tender Letter, shall provide

to the Association addresses for all Players who had been promoted to

the Major League roster for the first time in the preceding November

and for those Players who do not have a certified Player Agent. See

Attachment 9.

Any inadvertent error in the tendering or renewal of a contract, includ-

ing but not limited to an untimely tender or renewal, shall result in free

agency under paragraph (2)(c) or (2)(d) above, whichever is applica-

ble, only if the Player has first given the Club written notice that the

tendered or renewed Contract does not conform to the requirements of

Article VI of this Agreement and the Club has not retendered or re-

exercised a renewal in conformance with all applicable rules within

seven (7) days after receipt by the Club of written notice of such

defect.

A Club may also reserve, under separate headings on a Reserve List,

Players who properly have been placed on the Voluntarily Retired List,

the Military List, the Suspended List, the Restricted List, the Disqual-

ified List or the Ineligible List. See Attachments 10, 11 and 12.

B. Free Agency

(1) Eligibility

Following the completion of the term of his Uniform Player’s

Contract, any Player with 6 or more years of Major League service

who has not executed a contract for the next succeeding season shall

become a free agent, subject to and in accordance with the provi-

sions of this Section B.

(2) Procedure

The procedure set forth in this paragraph (2) shall apply to Play-

ers who become free agents pursuant to paragraph (1) above. Play-

ers who otherwise become free agents under this Agreement shall be

eligible to negotiate and contract with any Club without any restric-

tions or qualifications.

(a) A Player eligible to become a free agent under paragraph

(1) shall become a free agent as of 9 A.M. Eastern Time on the

day following the day that the last game of the World Series had

started.

(b) During the period beginning at the time when the Player

becomes a free agent as defined in subparagraph (a) above and

ending at 5 P.M. Eastern Time on the fifth day following the day

that the last game of the World Series had started (“Quiet

Period”), any Club representative and any free agent or his repre-

sentative may talk with each other and discuss the merits of the

free agent contracting, when eligible therefor, with the Club; pro-

vided, however, that the Club and the free agent shall not negoti-

ate terms or contract with each other. The following subjects are

among those which may properly be discussed between any Club

and such Player:

(i) the Player’s interest in playing for the Club, and the

Club’s interest in having the Player play for it;

(ii) the Club’s plans about how it intends to utilize the

Player’s services (as a starting pitcher or reliever, as a desig-

nated hitter or not, platooning, etc.);

(iii) the advantages and disadvantages of playing for the

Club including the nature of the organization, the climate of

the city, availability of suitable housing, etc.;

(iv) length of contract;

(v) guarantee provisions; and

(vi) no-trade or limited no-trade provisions.

Notwithstanding the foregoing, the free agent and his former

Club may engage in negotiations and enter into a contract during

the Quiet Period.

shall, upon the expiration of the Quiet Period, be eligible to nego-

tiate and contract with any Club, subject to the provisions of this

Section B.

(3) Rights of Former Club

The following provision shall apply only to each Player who

becomes a free agent under this Section B after having been contin-

uously under reserve (without interruption) to the same Club (either

at the Major or Minor League level) since Opening Day of the

recently completed championship season and who has never previ-

ously received a Qualifying Offer (defined below) from any Club

(“Qualified Free Agent”).

During the Quiet Period, the former Club of a Qualified Free

Agent may tender the Qualified Free Agent a one-year Uniform

Player’s Contract for the next succeeding season with a guaranteed

salary that is equal to the average salary of the 125 highest-paid

Players each year (“Qualifying Offer”). The amount of the Quali-

fying Offer each year shall be determined pursuant to Attachment

45 to this Agreement, and shall be communicated to Clubs and

Players by the Parties within ten (10) days of the conclusion of the

championship season. Clubs shall inform the LRD of the Office of

the Commissioner whether they will make a Qualifying Offer to a

Qualified Free Agent, and the LRD will inform the Players Associ-

ation no later than 5 P.M. Eastern Time on the last day of the Quiet

Period of each Club’s Qualifying Offers to Qualified Free Agents.

If the former Club of a Qualified Free Agent does not tender him a

Qualifying Offer, it shall not be entitled to compensation under

paragraph (4) of this Section B with respect to that Qualified Free

Agent.

A Qualified Free Agent may accept a Qualifying Offer until the

tenth day following the conclusion of the Quiet Period (“Accep-

tance Period”). The Players Association shall provide the LRD with

a list of the Qualified Free Agents who have accepted the Qualify-

ing Offer by 5 P.M. Eastern Time of the final day of the Acceptance

Period. Any Qualified Free Agent whose name is not included on

the list provided by the Players Association to the LRD will be

deemed to have rejected the Qualifying Offer.

If the Player accepts the Qualifying Offer, he shall be a signed

player for the next season on a one-year contract with a salary equal

to the amount of the Qualifying Offer, and shall be eligible for in-

season termination pay as set forth in Article IX, Section C if his

Contract is terminated under paragraph 7(b)(2) of the Uniform

Player’s Contract from the date of acceptance through the conclu-

sion of the championship season.

(4) Compensation

(a) A Qualified Free Agent shall be subject to compensation only

if: (i) his former Club tenders him a Qualifying Offer pursuant to

paragraph (3) of this Section B; (ii) the Player declines the Qualify-

ing Offer or signs a contract with another Major League Club prior

to the expiration of the Acceptance Period; and (iii) the Player signs

a Major League contract with another Major League Club that is

confirmed by the Players Association and the LRD on or before the

day prior to the next succeeding Major League Rule 4 Draft (“Rule

4 Draft”). A Qualified Free Agent who signs a bona fide Minor

League contract shall not be subject to compensation irrespective of

whether the Minor League contract is subsequently assigned to the

Major League Club. No Club and Player may enter into any Major

League or Minor League contract, or assign such a contract, with

the intent to circumvent Article XX(B)(3) or XX(B)(4).

(b) Former Club. The former Club of a Qualified Free Agent

subject to compensation (“Former Club”) shall receive an amateur

draft choice (“Special Draft Choice”) immediately following the

last selection in Competitive Balance Round B of the next Rule 4

Draft. Notwithstanding the foregoing, (i) a Former Club that was a

Revenue Sharing Payee (as defined in Article XXIV) and not mar-

ket disqualified in the Revenue Sharing Year that encompasses the

most recently completed championship season shall receive a

Special Draft Choice immediately following the last selection in the

first round of the next Rule 4 Draft if its Qualified Free Agent sub-

ject to compensation enters into a contract with another Club with a

total guarantee of $50 million or more; and (ii) a Former Club that

was a CBT Payor in the Contract Year that encompasses the most

recently completed championship season (regardless of the Former

Club’s status under the Revenue Sharing Plan) shall receive a

Special Draft Choice immediately following the last selection in the

fourth round of the next Rule 4 Draft. For purposes of the previous

sentence, the “total guarantee” of a contract signed by a Qualified

Free Agent shall include the following: (a) total salary in any guar-

anteed contract years (including any Player option years); (b) any

signing bonus (regardless of when paid); (c) any buyout associated

with the first Club or mutual option year; and (d) any performance,

roster, or award bonuses, escalators, or vesting options, but only to

the extent the Player would have earned those bonuses, escalators,

or vesting options based on his performance in any prior season of

his career. For the purposes of (a)-(d) above the value of any com-

pensation payable pursuant to such a contract after the last

championship season covered by the contract shall be calculated in

accordance with Article XXIII(E)(6) (“Deferred Compensation”). If

multiple Clubs that have lost Qualified Free Agents subject to com-

pensation receive a Special Draft Choice after the same round of the

next Rule 4 Draft, those Special Draft Choices will be sequenced in

the reverse order of the recipient Clubs’ won-lost percentage in the

most recently completed season. If a Club is entitled to more than

one Special Draft Choice after the same round of the next Rule 4

Draft, its selections will be slotted in succession. If two or more

Clubs had an identical won-lost percentage in the most recently

completed season, the Clubs shall select in the reverse order of their

winning percentages in the season prior to the most recently com-

pleted season, with any remaining ties to be resolved based on pre-

ceding season winning percentages.

(i) As set forth below, for each Qualified Free Agent subject

to compensation whom it signs, the signing Club (“Signing

Club”) shall have its Signing Bonus Pool in the next international

signing period (as described in Attachment 46) reduced and/or

forfeit one or more selections in the next Rule 4 Draft, as follows:

(A) If the Signing Club was a Revenue Sharing Payee (as

defined in Article XXIV) and not market disqualified in the

Revenue Sharing Year that encompasses the most recently

completed championship season, it shall forfeit its third-high-

est available selection in the next Rule 4 Draft.

(B) Notwithstanding subsection (A) above, if the Signing

Club was a CBT Payor in the Contract Year (as defined in

Article XXIII) that encompasses the most recently completed

championship season, it shall forfeit its second-highest and

fifth-highest available selections in the next Rule 4 Draft, and

it shall have its international Signing Bonus Pool for the next

international signing period reduced by $1 million.

(B) above shall forfeit its second-highest available selection in

the next Rule 4 Draft and shall have its international Signing

Bonus Pool for the next international signing period reduced

by $500,000.

(ii) Draft selections shall be awarded and forfeited pursuant to

subsections 4(b) and 4(c), respectively, as of the date the last

Qualified Free Agent subject to compensation enters into a con-

tract that is confirmed by the Players Association and the LRD,

or the day prior to the next Rule 4 Draft, whichever occurs first.

The draft selections forfeited by a Signing Club in the next Rule

4 Draft shall be determined as follows.

(A) Determining a Club’s Highest Available Draft Selec-

tions. With the exception of draft selections forfeited by the

Club pursuant to Major League Rule 3(c)(4)(B), all of a Club’s

draft selections will be counted in determining the Club’s sec-

ond-highest, third-highest or fifth-highest available selections,

including compensatory selections awarded pursuant to sub-

section 4(b) above and selections awarded pursuant to Major

League Rules 4(c)(2), 4(k)(1) or 4(k)(2) (or acquired via an

assignment).

(B) Draft Selections Subject to Forfeiture. With the excep-

tion of draft selections awarded to a Club pursuant to Major

League Rule 4(c)(2) or 4(k)(2), all of a Club’s selections will

be subject to forfeiture pursuant to subsection 4(c)(i) above,

including selections awarded pursuant to subsection 4(b)

above. Notwithstanding the foregoing, Competitive Balance

Selections obtained through an assignment from another Club

will be subject to forfeiture. If a Club’s second-highest, third-

highest or fifth-highest selection is a selection exempt from

forfeiture under this section, the Club shall forfeit its next

highest available selection.

If a Club’s second-highest, third-highest or fifth-highest selec-

tion is no longer available because it was forfeited pursuant to

subsection 4(c)(i) as a result of signing another Qualified Free

Agent, the Signing Club shall forfeit its next highest available

selection. By way of example, if a Club forfeited its second-

round selection and fifth-round selection for signing its first

Qualified Free Agent pursuant to subsection 4(c)(i)(B) above,

it shall forfeit its third-round selection and sixth-round selec-

tion for signing its next Qualified Free Agent (assuming those

are its next highest selections not exempt from forfeiture).

(iii) International Signing Bonus Pool amounts forfeited pur-

suant to this subsection (4)(c) shall be reallocated equally among

the international Signing Bonus Pools among Clubs that did not

forfeit Pool space pursuant to this Section. If the amount of Sign-

ing Bonus Pool space that a Club forfeits pursuant to subsection

4(c)(i) above exceeds the Club’s available Signing Bonus Pool

space in the next international signing period, the remaining for-

feited amount shall be deducted from the Club’s Signing Bonus

Pool in each subsequent international signing period until the full

amount has been deducted.

(iv) For purposes of subsection 4(b) above and this subsection

4(c), the Oakland Athletics shall be considered market disquali-

fied beginning with the off-season following the 2020 season.

(5) Miscellaneous

(a) Any Club signing a contract with a Player under this Article

XX(B) after the expiration of the Quiet Period described in subsec-

tion 2(b) above may not assign his contract until after the next June

15. However, notwithstanding the foregoing, such contract may be

assigned for other Player contracts and/or cash consideration of

$50,000 or less prior to the next June 16 if the Player gives written

consent to such transaction.

(b) There shall be no restriction or interference with the right of

a free agent to negotiate or contract with any baseball club outside

the structure of organized baseball, nor shall there be any compen-

sation paid for the loss of a free agent except as provided for in this

Article XX(B).

not enter into any agreement, understanding or contract, or make

any representation, promise or commitment, whether implied or

explicit, either orally or in writing, that the Club will not make a

Qualifying Offer to a Player, or that a Player will not accept a Qual-

ifying Offer if one is tendered to him. Any Club or Club employee

that violates this provision will be subject to discipline by the Com-

missioner, including the potential forfeiture of draft selections.

(d) Retention Bonus

(i) If a Club signs a Player who became a free agent pursuant

to this Article XX(B) to a Minor League Uniform Player Contract

between the date the Player became a free agent as set forth in

subsection B(2)(a) above and ten days prior to the commence-

ment of the next succeeding championship season, the Club shall

pay the Player a retention bonus of $100,000 if, by 12 P.M. East-

ern Time on the fifth day prior to the first day of the champion-

ship season, (i) the Club does not agree in writing to add the

Player to its Opening Day 25-man roster or Major League Dis-

abled List at the commencement of the championship season, or

(ii) the Club does not provide the Player with his immediate

unconditional release.

(ii) If a Club agrees to add a Player to its Opening Day 25-

man roster or Major League Disabled List at the commencement

of the championship season pursuant to subsection (d)(i) above,

the Club must notify the LRD of its decision either to add the

Player to its Opening Day 25-man roster or Major League Dis-

abled List no later than 12 P.M. Eastern Time on the fifth day

prior to the first day of the championship season, and the LRD

will inform the Players Association.

(iii) The $100,000 retention bonus described in subsection

(d)(i) above must be paid on or before April 15 of the next suc-

ceeding championship season. Such bonus shall not be subject to

the non-duplication provision contained in Article IX(F) of this

Agreement.

(iv) If a Club elects to retain a Player under his Minor League

Uniform Player Contract pursuant to subparagraph (i) above by

paying the $100,000 retention bonus, the Player may require the

Club to provide him with his unconditional release on June 1 if

he had not been added to the Club’s 25-man roster or placed on

the Major League Disabled List at any time prior to June 1. The

Player must notify the Club in writing no later than 2 P.M. East-

ern Time on May 28 that he is requesting his unconditional

release by 2 P.M. Eastern Time on June 1 if the Club does not

add him to its 25-man roster or Major League Disabled List by

that time.

(v) A Club and Player may agree to a special covenant to a

Minor League Uniform Player Contract for a Player covered by

this subsection (5)(d) that provides the Player with a retention

bonus greater than $100,000, an earlier deadline for adding the

Player to its Opening Day 25-man roster or Major League Dis-

abled List, an advanced payment schedule for the bonus, or an

earlier date by which the Player may require the Club to provide

him with his unconditional release. Nothing contained herein is

intended to modify any other provision contained under this

Agreement or the Major League Rules with respect to permissible

special covenants in a Minor League Uniform Player Contract.

(vi) This subsection (5)(d) shall apply to Players who became

free agents pursuant to the provisions set forth in Article

XX(B)(1) and (2) above, and shall not apply to Players who

became free agents pursuant to any other provision of the Basic

Agreement or a special covenant to a Major League Uniform

Player’s Contract.

(e) The exercise dates of option provisions contained in Uniform

Player’s Contracts all must fall within the Quiet Period described in

subparagraph (2)(b) above.

C. [Reserved]

D. Outright Assignment to Minor League Club

(1) Election of Free Agency—3-Year Player

Any Player who has at least 3 years of Major League service, or

who qualified as a “Super Two” Player under Article VI(E)(1)(b) as

of the conclusion of the prior championship season, and whose con-

tract is assigned outright to a Minor League club may elect, in lieu of

100

accepting such assignment, to become a free agent. In the event that

such a Player with at least 3 years of Major League service does not

elect free agency in lieu of accepting such assignment, he may elect

free agency between the end of the then current Major League sea-

son and the next following October 15, unless such Player is returned

to a Major League roster prior to making such election. Any Player

who accepts an outright assignment as a “Super Two” Player will not

retain a right to elect free agency following the season.

(2) Election of Free Agency—Second Outright Assignment

Any Player whose contract is assigned outright to a Minor

League club for the second time or any subsequent time in his career

may elect, in lieu of accepting such assignment, to become a free

agent. In the event that such Player does not elect free agency in lieu

of accepting such assignment, he may elect free agency between the

end of the then current Major League season and the next following

October 15, unless such Player is returned to a Major League roster

prior to making such election.

(3) Effect of Free Agency Election

A Player who becomes a free agent under this Article XX(D)

shall immediately be eligible to negotiate and contract with any

Club without any restrictions or qualifications, and shall not be enti-

tled to receive termination pay; provided, however, if such election

would result in the forfeiture of termination pay, the election shall

not become effective unless and until the Association confirms the

election in writing. Such a free agent shall receive transportation

and travel expenses in the same manner as he would if he had been

unconditionally released except he shall be limited to receiving

travel expenses to his new club if he reports to it directly, provided

such expenses are less than to his home city.

(4) Procedure

Not earlier than 4 days prior to the contemplated date of an out-

right assignment, or 8 days, if the Player has no options remaining

or if the assignment is during the period from the close of the

championship season to the opening of Spring Training, the Club

shall give written notice to the Player, with a copy to the Associa-

101

tion, which shall advise the Player that he may either (a) accept the

assignment or (b) elect to become a free agent, and that in the event

he accepts the assignment, he may (except in the case of a “Super

Two” Player who accepts a first outright assignment) elect free

agency between the end of the then current Major League season

and the next following October 15, unless he is returned to a Major

League roster prior to making such election. The Player shall also

be informed in the notice that, within 2 days after the date of the

notice, or 3 days, if during the period from the close of the

championship season to the opening of Spring Training, he must

advise the Club in writing as to his decision whether to accept the

assignment. No such decision from a Player shall be considered

effective until twenty-four hours from his receipt of the Club’s

notice. If the Club fails to give written notice, as set forth herein, to

the Player prior to the date of such assignment, the Player may, at

any time, elect to become a free agent pursuant to this Article

XX(D); provided, however, that if the Club subsequently gives

such written notice to the Player, he shall, within 3 days thereafter,

or 10 days, if during the period from the close of the championship

season to the opening of Spring Training, advise the Club in writ-

ing as to his decision. No such decision from a Player shall be con-

sidered effective until twenty-four hours from his receipt of the

Club’s notice.

E. Individual Nature of Rights

(1) The utilization or non-utilization of rights under Article

XIX(A)(2) and Article XX is an individual matter to be determined

solely by each Player and each Club for his or its own benefit. Play-

ers shall not act in concert with other Players and Clubs shall not act

in concert with other Clubs.

(2) Upon any finding of a violation of Section E(1) of this Arti-

cle XX by two or more Clubs, any injured Player (or Players) shall

be entitled to recover in monetary damages three (3) times the lost

baseball income, he (or they) would have had but for the violation.

Such lost baseball income shall be limited to lost salary and other

lost contractual terms, including lost additional contract years, lost

signing bonuses, lost trade restriction provisions, lost option buyout

provisions, and lost incentive bonuses (e.g., performance, awards,

102

attendance and weight bonuses). Damages (and fees and interest)

may be recovered only from the Clubs found to have violated Sec-

tion E(1) of this Article XX.

(3) Notwithstanding any other provision of this Basic Agree-

ment, the Arbitration Panel shall further order payment by the Clubs

found to have violated Section E(1) of this Article XX of all reason-

able attorneys’ fees and expenses, expert witness fees and expenses

and prejudgment interest on the single damage calculation of the

lost baseball income pursuant to paragraph (2).

(4) Any injured Player (or Players or the Association) shall not

be entitled to recover any monetary damages pursuant to this

Article XX(E) other than those enumerated in paragraphs (2) and

(3). However, nothing in paragraphs (2) and (3) is intended to reflect

any agreement between the Parties on mitigation issues.

(5) In addition, upon any finding by the Arbitration Panel of a

violation by five (5) Clubs or more of Section E(1) of this Article

XX, the Association shall have the right to reopen this Agreement

upon sixty (60) days written notice to the LRD.

(6) Upon any finding by the Arbitration Panel of a violation of

Section E(1) of this Article XX by two (2) or more Clubs, any

injured free agent Player will have the right to terminate his exist-

ing contract (or reserve status) at his option immediately following

the issuance of the finding by the Arbitration Panel. However, no

such termination shall take effect during the period beginning on

February 15 and ending with the conclusion of the World Series. If

the finding of the Arbitration Panel is issued at any time on or after

January 15, but before February 15, the Player shall have the right

to terminate his existing contract (or reserve status) at his option

either (a) immediately; or (b) within the fifteen (15) day period fol-

lowing the conclusion of the next succeeding World Series. At the

time any contract (or reserve status) is terminated pursuant to this

paragraph (6), such free agent Player shall immediately have the

right to negotiate with and enter into a contract with any Club, with-

out any restrictions or qualifications. If the contract (or reserve sta-

tus) is terminated, the free agent Player may choose to reinstate his

contract (or reserve status) at any time up until the March 15 suc-

ceeding such termination.

103

(7) If a Player does not exercise his right pursuant to paragraph

(6) to reinstate his contract (or reserve status), all obligations of the

Player and of the Club under said contract (or reserve status) shall

cease as of the end of the period in which the Player has the right to

reinstate his contract (or reserve status), except the obligation of the

Club to pay the Player’s compensation to that date. If at the end of

the period the Player has not signed a new contract and has not exer-

cised his right to reinstate his existing contract (or reserve status), at

that point, the Player shall be considered an unrestricted free agent.

(8) Utilization or non-utilization of the procedures set forth in

paragraph (6) above shall be without prejudice to any injured free

agent Player. However, the experience of each Player who utilizes

such procedures shall be considered by the Arbitration Panel in

determining such further relief, if any, to which he may be entitled.

(9) It is understood that in the event of a violation of Section

E(1) of this Article XX, the Arbitration Panel shall have the author-

ity to order such other and further non-monetary (e.g., injunctive)

relief as may be necessary to give full force and effect to the pur-

poses of and to the rights and benefits afforded to Players under this

Article XX.

ARTICLE XXI—Credited Major League Service

A. Definitions

Those Player rights expressly set forth in the Basic Agreement for

which a Player’s eligibility is dependent upon credited Major League

service will be determined as follows:

(1) One full day of Major League service will be credited for

each day of the championship season a Player is on a Major League

Club’s Active List. A total of 172 days of Major League credited

service will constitute one full year of credited service. A Player

may not be credited with more than one year of credited service, 172

days, in one championship season (including any tie-breaker

games). Major League service will be computed commencing with

the date of the first regularly scheduled championship season game,

through and including the date of the last regularly scheduled

championship season game; provided, however, that one full day of

Major League service shall also be credited for any tiebreaker game

104

105

played following the conclusion of the last regularly scheduled

championship season game but before the commencement of post-

season play pursuant to Major League Rule 33(c) (subject to the

maximum of 172 service days in any season). This rule shall apply

uniformly to all Players and all Clubs notwithstanding differences in

a particular Club’s schedule.

(2) For purposes of calculating credited service, a Player will be

considered to be on a Club’s Active List if:

(a) placed on a disciplinary suspension by a Club, the Chief

Baseball Officer or the Commissioner, or on the Disabled List; or

(b) called to active military duty for up to two years or if called

to emergency duty by the National Guard for a period of up to

thirty days.

B. Optional Assignments

If a Player is optionally assigned for a total of less than 20 days in one

championship season, the Player shall be credited with Major League

service during the period of such optional assignment(s); provided,

however, that a Player shall not be credited with Major League service

under this provision if the Player had zero days of Major League serv-

ice in the current season prior to the optional assignment and after the

optional assignment was unconditionally released or assigned outright

and not subsequently added to the Active List for the remainder of the

championship season. See Article XIX(E).

For purposes of counting days on option, the date of the optional

assignment shall be counted and the date of recall shall not be counted,

provided that the date of the optional assignment shall not be counted

if the assignment takes place after the start of a Major League game in

which the Player otherwise would have been eligible to play, and the

date of recall shall be counted if the recall takes place after the start of

any Minor League game in which the Player was eligible to play. See

Attachment 32.

ARTICLE XXII—Management Rights

Nothing in this Agreement shall be construed to restrict the rights of

the Clubs to manage and direct their operations in any manner whatso-

ever except as specifically limited by the terms of this Agreement.

ARTICLE XXIII—Competitive Balance Tax

A. General Definitions

The following definitions shall apply only to this Article XXIII, unless

expressly adopted for use in another Article of this Agreement.

(1) “Contract Year” shall mean the period from December 2 of

one year through and including December 1 of the following year,

or such other one-year period to which the Office of the Commis-

sioner and the Association may agree. To the extent that a Contract

Year is referenced by a number in connection with a particular cal-

culation, the reference shall be to the calendar year of the champion-

ship season that falls in that Contract Year.

(2) “Uniform Player’s Contract” shall mean a Major League

Uniform Player’s Contract. (See Appendix A.)

(3) “Split Contract” shall mean a Uniform Player’s Contract

which sets out separate rates of pay for service with a Minor League

club and service with a Major League Club.

(4) “Imputed Loan Interest Rate” for each Contract Year shall

mean the annual “Federal mid-term rate” as defined in Section

1274(d) of the Internal Revenue Code for the October preceding

that Contract Year.

(5) “Performance Bonus” shall mean a payment to a Player con-

ditioned upon the Player having achieved certain specified levels of

activity, provided that such bonuses must be consistent with Major

League Rule 3(b).

(6) “Award Bonus” shall mean a payment to a Player condi-

tioned upon the Player having achieved a particular status in con-

nection with a recognized or agreed-upon award or honor.

(7) “Base Salary” shall mean the amount set out in paragraph 2

of a Uniform Player’s Contract for a given championship season or

any amount included in a Special Covenant in lieu of inclusion in

paragraph 2.

(8) “Guaranteed Year” shall mean any championship season

included in a Uniform Player’s Contract for which more than 50%

of the Player’s Base Salary is guaranteed by the Contract in the

event of termination under paragraph 7(b)(2).

106

(9) “Base Tax Threshold” shall be defined as provided in Section

B below.

(10) “Surcharge Thresholds” shall be defined as provided in Sec-

tion B below.

(11) “Actual Club Payroll” shall be defined as provided in Sec-

tion C below. Each Club’s final Actual Club Payroll for a Contract

Year in which the Competitive Balance Tax is applicable shall be

calculated on the December 2 following that Contract Year and shall

be the exclusive figure used for the purpose of determining whether

a Club has exceeded the Base Tax or Surcharge Thresholds.

(12) “Salary” shall be defined as provided in Section E below

and shall be attributable to Contract Years as provided in Sections C

and E below.

(13) “Benefits” or “Player Benefit Costs” shall be defined as

provided in Section D below.

B. Determination of Competitive Balance Tax

(1) Calculation of Tax

A Club with an Actual Club Payroll that exceeds the Base Tax

Threshold applicable in that Contract Year (“Tax Threshold” or

“Base Tax Threshold”) shall be assessed a Competitive Balance Tax

on the difference between its final Actual Club Payroll and the Base

Tax Threshold. In addition, a Club with an Actual Club Payroll that

exceeds one or both of the Surcharge Thresholds shall be assessed

an additional Competitive Balance Tax as described below. A Club

with an Actual Club Payroll at or below the Base Tax Threshold

shall incur no Competitive Balance Tax for that Contract Year.

(2) Base Tax Thresholds

The Base Tax Threshold shall be $195 million in the 2017 Con-

tract Year, $197 million in the 2018 Contract Year, $206 million in

the 2019 Contract Year, $208 million in the 2020 Contract Year, and

$210 million in the 2021 Contract Year.

(3) Base Tax Rates

The Base Competitive Balance Tax rates are provided below.

107

(a) For a Club that has an Actual Club Payroll above the Base

Tax Threshold in any Contract Year, the applicable Competitive

Balance Tax rate shall be:

(i) 20% if the Club did not exceed the Base Tax Threshold

in the preceding Contract Year (“First-Time CBT Payor”);

(ii) 30% if the Club exceeded the Base Tax Threshold in

the preceding Contract Year, but did not exceed the Base Tax

Threshold in the Contract Year two years prior (“Second-Time

CBT Payor”); and

(iii) 50% if the Club exceeded the Base Tax Threshold in

both of the two preceding Contract Years (or in more than two

preceding Contract Years) (“Third-Time CBT Payor”).

(b) In determining in how many consecutive preceding Con-

tract Years a Club’s Actual Club Payroll exceeded the Base Tax

Threshold (and, accordingly, whether a Club is a First-, Second-,

or Third-Time CBT Payor), instances in which the Club’s Actual

Club Payroll exceeded the “Tax Threshold” (as defined in Article

XXIII of the 2012–2016 Basic Agreement) in any Contract Year

covered by the 2012–2016 Basic Agreement shall be counted. To

illustrate, a Club that had an Actual Club Payroll above $189 mil-

lion in both the 2015 and 2016 Contract Years (when, under the

terms of the 2012–2016 Basic Agreement, the Tax Threshold was

$189 million), and has an Actual Club Payroll for the 2017 Con-

tract Year that exceeds $195 million (the Base Tax Threshold for

the 2017 Contract Year), shall be deemed to have exceeded the

Base Tax Thresholds in the two Contract Years prior to the 2017

Contract Year and, therefore, would be considered a Third-Time

CBT Payor and charged a Base Tax Rate of 50% in 2017.

(4) Surcharge Thresholds, Rates, and Penalties

In addition to the Base Tax Threshold for each Contract Year,

there shall be two Surcharge Thresholds. A Club with an Actual

Club Payroll that exceeds one or both of the Surcharge Thresholds

applicable in that Contract Year shall be assessed an additional

Competitive Balance Tax on the amount by which its Actual Club

Payroll exceeds the Surcharge Threshold(s), as set forth below.

108

(a) Surcharge Thresholds

(i) First Surchar

ge Threshold: The First Surcharge

Threshold shall be $215 million in the 2017 Contract Year,

$217 million in the 2018 Contract Year, $226 million in the

2019 Contract Year, $228 million in the 2020 Contract Year,

and $230 million in the 2021 Contract Year.

(ii) Second Surchar

ge Threshold: The Second Surcharge

Threshold shall be $235 million in the 2017 Contract Year,

$237 million in the 2018 Contract Year, $246 million in the

2019 Contract Year, $248 million in the 2020 Contract Year,

and $250 million in the 2021 Contract Year.

(b) Surcharge Rates

In addition to the Base Tax Rate applicable to the amount by

which Actual Club Payroll exceeds the Base Tax Threshold, Clubs

with an Actual Club Payroll that exceeds one or both Surcharge

Thresholds will pay an additional Competitive Balance Tax on the

amount of its Actual Club Payroll over the applicable Surcharge

Threshold(s) for that Contract Year. All proceeds generated as a

result of these surcharges shall be considered proceeds of the

Competitive Balance Tax for purposes of Section B(6) below.

(i) Surchar

ge Rate for Exceeding the First Surcharge

Threshold: A Club with an Actual Club Payroll that exceeds

the First Surcharge Threshold shall pay a 12% surcharge rate,

on top of the applicable Base Tax Rate, on the amount of its

Actual Club Payroll above the First Surcharge Threshold but

at or below the Second Surcharge Threshold.

(ii) Surchar

ge Rate for Exceeding the Second Surcharge

Threshold: A Club with an Actual Payroll that exceeds the

Second Surcharge Threshold in any Contract Year shall pay an

additional 45% surcharge rate, on top of the applicable Base

Tax Rate, on the difference between its Actual Club Payroll

and the Second Surcharge Threshold. Notwithstanding the

foregoing, a First-Time CBT Payor Club shall be charged a

42.5% surcharge rate (rather than the 45% surcharge rate

applicable to Second- or Third-Time CBT Payor Clubs) on the

difference between its Actual Club Payroll and the Second

Surcharge Threshold.

109

The following chart summarizes the Competitive Balance

Tax rate a First-, Second-, and Third-Time CBT Payor would

incur on the portions of its Actual Club Payroll exceeding the

Base Tax Threshold, the First Surcharge Threshold, and the

Second Surcharge Threshold.

By way of illustration, a Third-Time CBT Payor Club with

a $260 million payroll in 2018 will pay a 50% tax rate on its

payroll between $197 million and $217 million; a 62% tax rate

on its payroll between $217 million and $237 million; and a

95% tax rate on payroll in excess of $237 million.

Surcharge Threshold

Beginning in the 2018 Contract Year and continuing thereafter,

any Club with an Actual Club Payroll at or above the applicable

Second Surcharge Threshold in that Contract Year shall have its

highest available selection in the next Rule 4 Draft moved back

ten places in the Draft order. This penalty will apply in each Con-

tract Year in which the Club exceeds the Second Surcharge

Threshold, regardless of whether the Club is a First-, Second-, or

Third-Time CBT Payor or whether the Club has incurred the

same penalty for exceeding the Second Surcharge Threshold in a

prior year. Notwithstanding the foregoing, a Club shall not have

its highest available selection moved back in the Draft if that

selection is in the top six selections of the first round of the Draft

(not including supplemental selections awarded pursuant to

Major League Rule 4(c)(2)), but rather shall have its second-

highest selection moved back ten places.

For purposes of this section, a Club’s highest available selec-

tion or second-highest available selection in the next Rule 4

Amount Actual Club

Payroll Exceeds Base

First-Time Second-Time Third-Time+

Tax Threshold ($M)

CBT Payor CBT Payor CBT Payor

$20 (Base Tax Rate) 20% 30% 50%

$20-$40 (Base Tax +

1st Surcharge Rate)

32% 42% 62%

>$40 (Base Tax +

2nd Surcharge Rate)

62.5% 75% 95%

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Draft, whichever is applicable, shall be determined after account-

ing for any selections received or forfeited pursuant to Article

XX(B)(4) or Major League Rules 3(c)(4)(B), 4(c)(2), or 4(k); or

selections acquired via assignment.

The penalty shall be assessed immediately preceding the Rule

4 Draft.

(5) Phase-In for the 2017 Contract Year

For the 2017 Contract Year only, a Club’s Competitive Balance

Tax obligation and/or penalties shall be the lesser of: (i) the amount

of Competitive Balance Tax the Club would owe for the 2017 Con-

tract Year under the terms of Sections B(1)-(4) above; and (ii) the

average of the amount of Competitive Balance Tax the Club would

owe for the 2017 Contract Year under the terms of Sections B(1)-(4)

above and the amount of Competitive Balance Tax the Club would

have owed had the terms of Article XXIII in effect in 2016 (i.e., a

$189 million Tax Threshold and the Competitive Balance Tax rates

set forth in Article XXIII(B)(3) of the 2012–2016 Basic Agreement)

remained in effect in 2017.

(6) Collection of Competitive Balance Tax Proceeds

(a) On the December 2 following each Contract Year, the

Commissioner’s Office shall notify the Association and all Clubs

of any amounts owed by any Clubs under the Competitive Bal-

ance Tax. Clubs shall make Competitive Balance Tax payments

to the Commissioner’s Office on or before January 21 of the next

calendar year.

(b) Any Club that does not remit the full amount of the Com-

petitive Balance Tax due by that date shall have its next Major

League Central Fund (“Central Fund”) distribution and subse-

quent distributions, each net of any debt service obligation under

the industry credit facility, reduced by up to 50% until such obli-

gation is satisfied. For purposes of this subparagraph (b) only,

royalty payments from Major League Baseball Properties shall

not be considered part of a Club’s Central Fund distribution.

Beginning with the day following the payment date specified in

subparagraph (a) above, interest shall be charged on any unpaid

Competitive Balance Tax amounts at the Imputed Loan Interest

111

Rate for the then current Contract Year. Any interest collected

pursuant to the preceding sentence shall be for the benefit of and

made available to the Industry Growth Fund.

C. Determination of Actual Club Payroll

(1) Definition of Actual Club Payroll

“Actual Club Payroll” of a Club in a Contract Year shall be the

sum of:

(a) a 1/30th share of Player Benefit Costs (and a similar pro

rata share if the number of Major League Clubs changes), as

determined in Section D below;

(b) the sum of the yearly Salaries (as determined in accor-

dance with Section E below and as allocated among Clubs in

accordance with this Section C) attributable to that Contract Year

of all Players under a Uniform Player’s Contract with the Club

for that Contract Year (including optionally assigned contracts);

and

Club Payroll as a result of the operation of Section C(2)(f) below

or as a result of any Club, any Player and/or either of the Parties

hereto having engaged in a transaction contrary to Section G(1)

below or as a result of an award by the Arbitration Panel under

Article XI and/or Section F below.

(2) Rules for Allocation of Salary

(a) General Rule

If a Player remains on a Major League Club’s Active List (as

defined in Article XXI) for an entire championship season, then

all of the Salary attributable to the Contract Year in which that

championship season falls shall be allocated to the Club’s Actual

Club Payroll in that Contract Year.

(b) Assignment of Contract

(i) General Rule

: If a Uniform Player’s Contract is assigned

by any means to another Major League Club, the assignor Club

shall be allocated Salary through the date of the assignment and

112

Salary shall begin being allocated to the assignee Club on the fol-

lowing day, regardless of the Player’s reporting date.

(ii) Bonuses

: Salary arising from Performance Bonuses

earned after the assignment shall be allocated between the

assignor and assignee Clubs in proportion to the total number of

relevant events attained during the Contract Year with each Club.

Salary arising from Award Bonuses earned after the assignment

and within the Contract Year of the assignment shall be allocated

to the Actual Club Payrolls of the assignor and assignee Clubs

pursuant to Section C(2)(b)(i) above. Salary arising from assign-

ment bonuses earned upon or after the assignment and within the

Contract Year of the assignment shall be included in the Actual

Club Payroll of the Club(s) responsible for paying it in the Con-

tract Year in which the bonus is earned.

(iii) Cash Consideration

: An assignor Club that pays cash

consideration to defray all or part of the salary obligation of the

assignee Club for an assigned Player or Players shall include

such cash consideration in its Actual Club Payroll on a pro-rata

basis over the remaining Guaranteed Years of the assigned Con-

tract(s). Cash consideration that is conditionally payable based

on the Player’s earning of performance or award bonuses will be

included in the Actual Club Payroll of the Club responsible for

paying the bonus in the Contract Year in which the bonus is

earned. Cash consideration that is conditionally payable based

on the outcome of Club or Player Option decisions will be

included in the pro-rata calculation described above if the con-

sideration is contingent on the decline of a Club Option Year or

the exercise of a Player Option Year, but will not be included if

contingent on the exercise of a Club Option Year or the decline

of a Player Option Year. If any cash consideration not originally

included in the pro-rata calculation described above is ultimately

paid as a result of the outcome of Club or Player Option deci-

sions, the cash consideration will be included in the Contract

Year(s) covered by the Club or Player Options. An assignor Club

that pays cash consideration in lieu of assigning an unnamed

player shall include such cash consideration in its Actual Club

Payroll in the Contract Year in which the cash consideration

is paid.

113

Any cash consideration that is included in the Actual Club Pay-

roll of the payor Club shall be subtracted from the Actual Club

Payroll of the payee Club in the same Contract Year in which it is

added to the payor Club’s Actual Club Payroll. Notwithstanding

the foregoing, an assignee Club may not receive an aggregate

credit against its Actual Club Payroll(s) for cash consideration

received in an assignment that exceeds the sum of (a) the total

amount of the acquired Player(s) Salaries that are included in the

Club’s Actual Club Payroll(s) following the assignment, and (b)

any cash consideration paid by the assignee Club to another Club

in a subsequent assignment of the acquired Player(s) that is attrib-

utable to those Players.

(iv) Salary Increase Upon

Assignment: If a Uniform Player’s

Contract provides for an increase in Salary upon its assignment

to another Major League Club, such increase shall be included in

a Player’s Salary upon assignment and attributed to the Contract

Year (or Years) in which it is to be paid. Any such increase in

Salary attributable to the Contract Year during which the assign-

ment occurred shall be treated as an assignment bonus and allo-

cated to the Actual Club Payrolls of the assignor and assignee

Clubs pursuant to Section C(2)(b)(ii) above. Any such increase in

Salary attributable to a later Contract Year shall be allocated

exclusively to the assignee Club.

After Opening Day

If a Player first enters into a Uniform Player’s Contract with a

Club after Opening Day of the championship season with a Base

Salary payable over a full championship season, the Club shall

include in Actual Club Payroll such pro rata portion of the Base

Salary attributable to that Contract Year as the number of days

that the Player was on the Club’s Active List (as defined in

Article XXI) bears to the number of days in the championship

season. Notwithstanding the above, if such Uniform Player’s

Contract covers multiple championship seasons, the Club shall

instead include in Actual Club Payroll for the first championship

season covered by the Contract the amount calculated pursuant to

subsection E(2) below.

114

(d) Termination of Contract

(i) If a Club terminates a Uniform Player’s Contract that cov-

ers a single championship season, the Club shall include in its

Actual Club Payroll for the Contract Year in which that season

falls any Salary paid to that Player, either under this Agreement

or a Special Covenant to the Contract (subject to any offset called

for by this Agreement or a Special Covenant).

(ii) If a Club terminates a multi-year Uniform Player’s Con-

tract while it remains obligated to pay Salary under either this

Agreement or a Special Covenant to the Contract, Salary shall be

allocated to that Club for each Contract Year during which its

obligation continues. Salary shall be attributed to each such Con-

tract Year pursuant to this Article XXIII (subject to any offset

called for by this Agreement or a Special Covenant). This attribu-

tion shall apply even if the Club pays the Salary in advance.

(e) Split Contracts

The earnings of a Player signatory to a Split Contract shall be

included in Actual Club Payroll at the total amount of the

Player’s actual baseball earnings under that Contract from Major

League Clubs (and from Minor League clubs, if any) for that

Contract Year.

(f) Outright

Assignment to a Minor League club

Any Uniform Player’s Contract that is assigned outright to a

Minor League club during the term of this Agreement shall be

included in the Club’s Actual Club Payroll. Any Uniform

Player’s Contract that was assigned outright to a Minor League

club prior to the effective date of this Agreement shall be

excluded from Actual Club Payroll; provided, however, that if

any Uniform Player’s Contract that was assigned outright to a

Minor League club prior to this Agreement is subsequently

selected to a Club’s 40-man roster, the entire remaining Salary

under that Uniform Player’s Contract shall be included in Actual

Club Payroll, even if the Player is thereafter assigned outright to

a Minor League club.

115

D. Benefits or Player Benefit Costs

(1) Definition

The Clubs’ Benefits or Player Benefit Costs for a particular Con-

tract Year shall include the sums paid (or to be paid on a proper

accrual basis for that Contract Year) by or on behalf of the Clubs for,

to, or on behalf of present Players (and former Players when

expressly noted) for:

(a) contributions to the Major League Baseball Players Bene-

fit Plan, in the full amounts called for by paragraph 5 of the

Agreement re Major League Baseball Players Benefit Plan

(including contributions made on behalf of former Players and

others but excluding contributions made from Competitive Bal-

ance Tax proceeds);

(b) workers’ compensation premiums, payroll, unemployment

compensation and social security taxes (including payments

made on behalf of a Player released from a Contract that covers

that Contract Year, provided that the Player’s Salary is included

in a Club’s final Actual Club Payroll for that Contract Year);

VII(C)), championship season meal and tip allowances (as

described in Article VII(B)), All-Star Game expenses (as

described in Article VII(D)) and “in-season supplemental

allowances” (as described in Article VII(E));

(d) moving and traveling expenses (as described in Article

VIII), including payments made to former Players in connection

with relocations resulting from assignments while they were

active Players;

(e) contributions (in their entirety) to the post-season Players’

pool as described in Article X;

(f) the College Scholarship Plan and Continuing Education

Program (including payments made on behalf of former players);

and

(g) player medical costs (e.g., fees to doctors, hospitals, and

other health care providers, and the drugs and other medical sup-

plies for the treatment of Player injuries), but not including

salaries of trainers or other Club personnel, or the costs of Club

116

medical or training equipment, or any costs reimbursed or paid for

through workers’ compensation or any other medical insurance.

Starting with the 2017 Contract Year and for purposes of sub-

paragraph (a) above, the first $13 million of CBT proceeds in the

prior Contract Year (or whatever portion thereof if less than $13

million in CBT proceeds is collected) that are used to defray Club

funding obligations arising from the Players Benefit Plan shall be

deducted from Players Benefit Plan Costs. In no event shall this

deduction exceed $13 million in aggregate for the 30 Clubs in

any Contract Year.

For the 2017 Contract Year, the Clubs’ costs under paragraphs

(b) through (g) above shall be $219,300,000 ($7,310,000 per

Club).

(2) Limitation on Annual Increase

Notwithstanding the foregoing, beginning with the increase from

the 2017 to the 2018 Contract Year, the annual rate of increase for

the Clubs’ costs under paragraphs (b) through (g) above shall be the

higher of 6.0% and the annual rate of increase over that year in the

combined “sum of the yearly Salaries” (described in Section C(1)(b)

above) for all Clubs.

E. Determination of Salary

The determination of a Player’s Salary for a particular Contract Year

for the purposes of interpretation and application of this Article XXIII

only shall be in accordance with the following rules.

(1) General Rule

“Salary” shall mean the value of the total compensation (cash or

otherwise) paid to a Player pursuant to the terms of a Uniform

Player’s Contract, including any guarantee by the Club of payments

by third parties, for a particular championship season. Salary shall

include, without limitation, the value of non-cash compensation such

as the provision of personal translators, personal massage therapists,

and airfare and tickets exceeding normal Club allotments. Consistent

with the rules set out below, all compensation paid to a Player pur-

suant to the terms of a Uniform Player’s Contract shall be attributa-

117

ble to the Contract Year(s) in which the Player is required under the

Contract to render services to a Club as a baseball player, regardless

of how the compensation is characterized under the Contract.

(2) Average Annual Value of Guaranteed Multi-Year Contracts

A Uniform Player’s Contract with a term of more than one (1)

championship season (“Multi-Year Contract”) shall be deemed to

have a Salary in each Guaranteed Year equal to the “Average Annual

Value” (“AAV”) of the Contract (plus any bonuses subsequently

included by operation of Section E(4) below). The AAV shall be cal-

culated as follows: the sum of (a) the Base Salary in each Guaran-

teed Year plus (b) any portion of a Signing Bonus (or any other

payment that this Article deems to be a Signing Bonus) attributed to

a Guaranteed Year in accordance with Section E(3) below plus (c)

any deferred compensation or annuity compensation costs attributed

to a Guaranteed Year in accordance with Section E(6) below shall

be divided by the number of Guaranteed Years. Notwithstanding the

foregoing, if a Multi-Year Contract is signed after Opening Day of

the championship season, the: (i) Base Salary in the first Guaranteed

Year for purposes of the AAV calculation shall be determined by

multiplying that Base Salary by a fraction, the numerator of which

shall be the number of championship season days that the Player

was paid the Base Salary, and the denominator shall be the number

of championship season days in that championship season; and (ii)

the first Guaranteed Year shall not be considered a full Guaranteed

Year for purposes of the AAV calculation, but shall be considered a

partial year equal to the fraction described in subsection (i) above.

(3) Signing Bonuses

Any Signing Bonus in a Uniform Player’s Contract (and any

other payment this Article deems to be a Signing Bonus) shall be

attributed, pro rata, over the Guaranteed Years of the Contract. If a

Contract contains no Guaranteed Years, the Signing Bonus shall be

attributed in full to the first year of the Contract.

(4) Performance, Award and Other Bonuses

(a) Any amounts that are actually earned by a Player as Perfor-

mance Bonuses, Award Bonuses or any other bonuses properly

included in a Uniform Player’s Contract shall be included as part of

118

the Player’s Salary in the Contract Year in which the service or per-

formance giving rise to the Bonus was provided. Potential bonuses

shall not be included in the AAV calculation made pursuant to Sec-

tion E(2) above.

(b) A Special Covenant in a Uniform Player’s Contract that pro-

vides that Player performance or achievement in one year of the

Contract will increase the Base Salary in other year(s) of the Con-

tract shall not be considered in the determination of Salary until the

triggering event occurs (other than, if applicable, as a “potential

bonus”), unless it is determined by the Arbitration Panel that the

Special Covenant was designed to defeat or circumvent the inten-

tion of the Parties as reflected in this Article XXIII. As long as such

a finding is not made, the additional Base Salary triggered by the

Special Covenant shall count as part of the Player’s Salary in the

Contract Year(s) to which it is attributed by the Contract once the

triggering event has occurred. Multi-Year Contracts shall not be

recalculated on an AAV basis once the triggering event has

occurred; the additional Base Salary shall be added to the Salary as

originally calculated for the Contract Year in question.

(5) Option Contracts

(a) Definitions

(i) A “Club Option Year” shall mean a championship season

covered by a Uniform Player’s Contract in which the amount

payable pursuant to paragraph 2 of the Contract becomes due or

guaranteed at the election of the Club or by reason of specified

performance by a Player. Club Option Years shall not be consid-

ered “Guaranteed Years.” In addition, any other championship

season included in a Multi-Year Contract that is not a Guaranteed

Year shall be treated as a Club Option Year.

(ii) A “Player Option Year” shall mean a championship season

covered by a Uniform Player’s Contract: (A) in which the amount

payable pursuant to paragraph 2 of the Contract becomes due or

guaranteed at the election of the Player; or (B) that can be nulli-

fied by a Player for a reason other than those set forth in para-

graph 7 of the Contract. A Player Option Year shall be considered

a “Guaranteed Year” if, pursuant to the Player’s right to elect or

subject to his right to nullify, the terms of that year are guaran-

119

teed within the definition in Section A(8); provided, however,

that a Player Option Year shall not be considered a Guaranteed

Year if the payment the Player is to receive if he declines to exer-

cise his option or nullifies the championship season is more than

50% of the Base Salary payable for that championship season. In

the event that the Player has the right to exercise or nullify mul-

tiple Contract Years at one time (“Player Opt-Out”), the Contract

Years following the Player Opt-Out shall be considered Guaran-

teed Years; provided however, that the Contract Years following

the Player Opt-Out shall not be considered Guaranteed Years if

the payment the Player is to receive if he opts out of the Contract

is more than 50% of the sum of the Base Salaries in the Contract

Years following the Player Opt-Out.

(iii) A “Dual Option Year” shall mean a championship season

covered by a Uniform Player’s Contract in which the amount

payable pursuant to paragraph 2 of the Contract becomes due or

guaranteed at the election of either the Player or the Club. Salaries

under any such Contract shall be calculated as if the Dual Option

Year is a Player Option Year.

(iv) A “Mutual Option Year” shall mean a championship sea-

son covered by a Uniform Player’s Contract in which the amount

payable pursuant to paragraph 2 of the Contract becomes due or

guaranteed only upon the election of both the Player and the Club.

Salaries under any such Contract shall be calculated as if the

Mutual Option Year is a Club Option Year.

(b) Option Buyouts

(i) General Rule

(A) If a Uniform Player’s Contract contains a Club Option

Year or a Player Option Year that is not deemed a Guaranteed

Year pursuant to subparagraph (a)(ii) above and the Player is

to receive consideration upon the non-exercise of that option

or the nullification of a championship season (“Option Buy-

out”), then such Option Buyout shall be deemed a Signing

Bonus. If a Uniform Player’s Contract contains an Option

Buyout for a Club decision not to exercise a Club Option Year

and an Option Buyout for a Player decision not to exercise a

Player Option Year (or to nullify a championship season) that

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is deemed a Signing Bonus pursuant to this subparagraph

(b)(i), then the higher Option Buyout payment shall be deemed

the Signing Bonus.

(B) If a Contract contains an Option Buyout relating to

more than one Option Year, then only the Option Buyout that

relates to the earliest Option Year in the Contract shall be

deemed a Signing Bonus. If, however, the Player ultimately

receives an Option Buyout that relates to an Option Year other

than the earliest Option Year, that Option Buyout shall be

included in Salary in the Contract Year covered by the option

that was not exercised.

Option Buyout, the Bonus shall be included in the Salary

attributed to the Contract Year immediately preceding the rel-

evant Option Year.

(ii) Potential

Adjustment to Payroll

Notwithstanding subparagraph (b)(i) above, if the Player

ultimately does not receive the Option Buyout, then for the

Contract Year covered by that option, no portion of the Buyout

shall be included in any Club’s final Actual Club Payroll. In

addition, any Club whose final Actual Club Payroll in a previ-

ous Contract Year had included that Buyout (or a portion

thereof) will receive a deduction (in the full amount of the

Buyout included in previous Contract Years) in its final Actual

Club Payroll in the Contract Year covered by that option.

Years

If a Uniform Player’s Contract covers one or more seasons that

are Club Option Years, the Player’s Salary for the championship

seasons that are Club Option Years, if exercised, shall be the total

of the Base Salary and any bonuses included by operation of Sec-

tion E(4) above.

(d) Player Option

Years

(i) If a Player fails to exercise or chooses to nullify a Player

Option Year that is deemed a Guaranteed Year pursuant to Sec-

tion E(5)(a)(ii) above, the difference between the amount paid to

the Player under his Contract (including any Option Buyout pay-

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ment) and the amount that has been attributed to Actual Club

Payroll of a Club under that Contract shall be added to (or sub-

tracted from) Actual Club Payroll in the Contract Year in which

the Player Option Year falls. If the Contract has been assigned,

the adjustment called for in the preceding sentence shall be made

to the Actual Club Payroll(s) of the Club(s) to which Salary

under that Contract had been attributed in any Contract Year. If

a Player exercises or fails to nullify a Player Option Year that

was not deemed a Guaranteed Year, the Player’s Salary in the

Player Option Year shall be the difference between the Salary

provided in the Player Option Year (including any earned

bonuses) and the Option Buyout that had been attributed, in all

previous Contract Years, to a Club pursuant to Section E(5)(b)(i)

above.

(ii) If the Base Salary (plus any deferred compensation or

annuity costs) in a Player Option Year (“Player Option Year

Value”) is less than 80% of the Base Salary (plus any attributed

Signing Bonus, deferred compensation or annuity costs) in the

Guaranteed Year with the smallest such figure before the first

such Player Option Year (80% Figure), then, for each such Player

Option Year, the difference between the Player Option Year Value

and the 80% Figure shall be allocated pro rata across the Guaran-

teed Years preceding the first such Player Option Year; provided,

however, that if the 80% Figure is itself less than 75% of the AAV

of the Contract (calculated as if the Player Option Year was not a

Guaranteed Year), then the 80% Figure shall instead be 75% of

the AAV calculation set out immediately above.

(6) Deferred Compensation

(a) Definition

“Deferred Compensation” shall mean any Salary payable to a

Player pursuant to a Uniform Player’s Contract in a Contract Year

after the last championship season for which the Contract

requires services as a baseball player to be rendered.

(b) Attribution

(i) Deferred Compensation shall be included in a Player’s

Salary as if paid in the championship season to which it is attrib-

uted under a Uniform Player’s Contract. If a Contract does not

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attribute Deferred Compensation, the Contract shall be treated as

if the Deferred Compensation was attributed equally to each of

the Guaranteed Years in the Contract.

(ii) If the Deferred Compensation is to be paid with interest at

an effective rate that is within one and one-half percentage points

of the Imputed Loan Interest Rate for the first Contract Year cov-

ered by the Contract, then the Deferred Compensation shall be

included at its stated value. Otherwise, the Deferred Compensa-

tion shall be included at its present value in the season to which

it is attributed, said present value to be calculated by increasing

any such payments by the Contract’s stated interest rate, if any,

and then reducing such payments back to their present value by

applying as a discount rate the Imputed Loan Interest Rate for the

first Contract Year covered by the Contract. If the terms of a Con-

tract are confirmed by the Association and the Office of the Com-

missioner before the Imputed Loan Interest Rate for the first

Contract Year covered by the contract is available, the Imputed

Loan Interest Rate shall be the annual “Federal mid-term rate” as

defined in section 1274(d) of the Internal Revenue Code for the

month preceding the month in which terms are confirmed. If a

Uniform Player’s Contract uses the date or year in which a Player

retires as a triggering event for the commencement of payment of

the Deferred Compensation, it will be assumed for purposes of

calculating Salary under this Article only that the Player retires

on the day that he reaches age 40 or at the end of the Contract,

whichever is later.

in a Uniform Player’s Contract whereby the Club promises to pur-

chase an annuity to pay the Player after he is no longer required to

render services as a baseball player under such Uniform Player’s

Contract.

(i) The portion of the cost of the annuity to be paid by the

Club while the Player is required to render services as a baseball

player under the Contract shall be included as Salary for the Con-

tract Year in which such cost is to be paid.

(ii) The portion of the cost of the annuity instrument to be

paid by the Club after the Player is no longer required to render

services as a baseball player under such Contract, if any, shall be

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treated as Deferred Compensation attributable pro rata over the

Guaranteed Years of the Contract at its present value as calcu-

lated pursuant to paragraph (6)(b) above. Any compensation that

the Player is scheduled to receive pursuant to such Annuity Com-

pensation Arrangement shall not be considered Salary or

Deferred Compensation.

(7) Loans to Players

For purposes of this Article XXIII, the following rules shall apply

to any loans made by a Club to or at the direction of a Player.

(a) If any such loan bears no interest rate or an effective inter-

est rate more than one and one-half percentage points below the

Imputed Loan Interest Rate, then an amount of “Imputed

Income” as calculated pursuant to subparagraph (b) below shall

be included in the Player’s Salary for each Contract Year that the

loan remains unpaid. For any other loan, there shall be no

“Imputed Income” (as defined in subparagraph (b) below)

included in the Player’s Salary.

(b) “Imputed Income” for each Contract Year covered by a

Uniform Player’s Contract shall be calculated by multiplying the

difference between the Imputed Loan Interest Rate and the stated

rate, if any, by the outstanding balance of the loan.

all of the loan, the forgiven loan amount shall be counted as Salary

in the Contract Year in which the loan is forgiven; provided, how-

ever, that if a loan that is made after October 23, 2006 is forgiven

in a Contract Year in which there is no Competitive Balance Tax,

and if the Club forgiving the loan would have been assessed a

Competitive Balance Tax for any Contract Year had the loan, by

itself or in combination with other loans, been considered Salary

from the outset, then the forgiveness of the loan shall be presumed

to be an action designed to defeat or circumvent the Competitive

Balance Tax. Unless the Club that forgave such a loan can rebut

the foregoing presumption, the Club shall be required to pay into

the Central Fund an amount equal to the Competitive Balance

Tax(es) that the Club would have paid (based on the Tax Thresh-

olds that were in effect when final Actual Club Payrolls were cal-

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culated for the Contract Year(s) in which a Competitive Balance

Tax would have been paid) had the forgiven loan (or portion

thereof) originally been considered Salary.

F. Association’s Rights

(1) Actual Club Payroll Information

(a) In each Contract Year in which the Competitive Balance Tax

is operational, the Office of the Commissioner shall provide the

Association with two “Preliminary Actual Club Payroll Compila-

tions,” the first of which shall be provided within 14 days following

Opening Day of that championship season and the second of which

shall be provided within 14 days following that season’s All-Star

Game. Each Preliminary Actual Club Payroll Compilation shall

consist of a list of each Club’s Actual Club Payroll, broken down by

Player, and an estimate of Player Benefit Costs for that Contract

Year, as of Opening Day and the All-Star Game, respectively. In

addition to the above, the Association may, from time to time,

request the Office of the Commissioner to produce a Preliminary

Actual Club Payroll Compilation or any portion thereof (including

the Office of the Commissioner evaluation of any Uniform Player’s

Contract, the terms of which have been confirmed by the Associa-

tion and the Office of the Commissioner) and the Office of the Com-

missioner shall provide such information within 14 days of each

such request, provided that the Association will not make an unrea-

sonable number of requests in any Contract Year.

(b) Upon the presentation of any evidence that a Player and a

Club are prepared to agree to a Uniform Player’s Contract, either

Party to this Agreement (i.e., the Association or Office of the Com-

missioner) may initiate a process whereby the Parties prepare and

exchange evaluations of that prospective Contract for Competitive

Balance Tax purposes. The evaluations shall be exchanged within

48 hours of the initiation of the process by either Party.

with a list of the final Actual Club Payrolls, broken down by Player,

and Player Benefit Costs for that Contract Year and the Competitive

Balance Tax assessed against each Club (“final Actual Club Payroll

Compilation”), if any, for the just completed championship season

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on or before the December 2 following each championship season

covered by this Agreement in which the Competitive Balance Tax is

applicable.

(2) Association’s Rights to Challenge

(a) Information Provided Pursuant to Section F(1)(a)

The Association shall have the right to question any calculation

included in any information provided pursuant to Section F(1)(a)

above and the Office of the Commissioner shall provide an answer

to any such question within 10 days. If thereafter the Association

disagrees with any calculation, it may file a challenge in the Griev-

ance Procedure in Article XI at any time before the next November

30. At the request of either Party, any such Grievance shall be han-

dled on an expedited basis, with documents being exchanged within

10 days of the filing of the Grievance, a hearing commencing within

15 days of the filing of the Grievance and the Panel issuing an

Award (with opinion to follow, if necessary) no later than 15 days

after the commencement of the hearing. Failure by the Association

to challenge any such calculation shall not preclude the Association

from challenging that calculation if contained in a final Actual Club

Payroll Compilation nor shall such failure be of any relevance in

such a challenge.

(b) Information Provided Pursuant to Section F(1)(b)

The Association shall have the right to question any calculation

included in any information exchanged pursuant to Section F(1)(b)

above and the Office of the Commissioner shall provide an answer

to any such question within 24 hours. If thereafter the Association

disagrees with the calculation put forward by the Office of the Com-

missioner, it may file a challenge in the Grievance Procedure in

Article XI within three business days. Any such Grievance shall be

handled on an expedited basis, with documents being exchanged as

soon as possible, a hearing commencing within three business days

of the filing of the Grievance (or as soon thereafter as is practicable)

and the Panel issuing an Award (with opinion to follow, if neces-

sary) no later than three business days after the commencement of

the hearing. Failure by the Association to challenge any such calcu-

lation shall not preclude the Association from challenging that cal-

126

culation if contained in a final Actual Club Payroll Compilation, nor

shall such failure be of any relevance in such a challenge. Failure by

the Office of the Commissioner to raise or pursue with the Arbitra-

tion Panel any disagreement with the Association concerning infor-

mation exchanged pursuant to Section F(1)(b) above shall be

irrelevant to any challenge by the Association to any calculation.

The Association may challenge any calculation included in infor-

mation provided pursuant to Section F(1)(c) (the final Actual Club

Payroll Compilation) by filing a Grievance pursuant to Article XI.

If the Association disagrees with any calculation that affects the

Competitive Balance Taxes assessed for that Contract Year, it shall

file a Grievance within 45 days after it has received that Year’s final

Actual Club Payroll Compilation and the notice of assessed Com-

petitive Balance Taxes (see Section B(6)(a)). Failure by the Associ-

ation to challenge any calculation included in a final Actual Club

Payroll Compilation shall not preclude the Association from chal-

lenging that calculation if contained in a final Actual Club Payroll

Compilation for a later Contract Year, nor shall such failure be of

any relevance in such a challenge. Such a challenge, however, will

not result in changes to Competitive Balance Tax amounts assessed

for prior Contract Years. Any Grievance challenging a final Actual

Club Payroll Compilation shall be handled by the Parties on an

expedited basis with documents being exchanged within 10 days of

the filing of the Grievance, a hearing commencing within 15 days of

the filing of the Grievance and the Panel issuing an Award (with

opinion to follow, if necessary) no later than 15 days after the com-

mencement of the hearing. The filing of a Grievance by the Associ-

ation shall not preclude the Office of the Commissioner from

assessing and collecting the Competitive Balance Tax in accordance

with Section B and using Competitive Balance Tax proceeds in

accordance with Section H, unless the Chair of the Arbitration

Panel, upon application by the Association, provides otherwise.

Unless the Chair provides otherwise, any adjustments to the Com-

petitive Balance Tax assessments and distributions made pursuant to

this Section F necessitated by the resolution of an Association

Grievance shall be made by the Office of the Commissioner once

the Grievance is finally resolved.

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(d) Relationship to Grievance Procedure

(i) Nothing in this Section F is intended to affect the applica-

tion of the Grievance Procedure to any other complaint involv-

ing the existence or interpretation of, or compliance with, this

Article XXIII or any provision therein. Moreover, unless specif-

ically modified by this Section F, it is intended that the provi-

sions of Article XI will govern the resolution of disputes under

this Article XXIII.

(ii) It is agreed that the existence of the expedited procedures

in this Section F will not prohibit either Party from arguing that

another dispute subject to Article XI should be heard prior to any

dispute related to this Article XXIII.

G. Other Undertakings

(1) Neither the Parties hereto nor any Club or any Player shall

enter into any agreement, Uniform Player’s Contract or other trans-

action, that includes any terms designed to defeat or circumvent the

intention of the Parties as reflected by this Article XXIII.

(2) At the time a Club and a Player enter into any Uniform

Player’s Contract, or at the time of the assignment of any Uniform

Player’s Contract, there shall be no unreported understandings or

agreements of any kind between the Player and the Club. No other

understandings or agreements, whether made before or after the

signing of the Uniform Player’s Contract or its assignment, shall be

valid, recognizable or of any effect whatsoever, unless expressly set

forth in a new or supplemental Uniform Player’s Contract executed

by the Player and the Club and complying with this Agreement and

the Major League Rules. (See “Supplemental Agreements” para-

graph of the Uniform Player’s Contract.)

(3) A Club and a Player currently signatory to a Uniform

Player’s Contract may agree to modify or amend their contractual

relationship by entering into a new Uniform Player’s Contract that

covers the next succeeding championship season if the following

conditions are satisfied:

(a) If the new Uniform Player’s Contract is signed between

the last day of one championship season and the first day of the

next championship season, it must begin no later than the

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championship season following the next succeeding champion-

ship season; and if it does not begin with the next championship

season, it cannot modify the terms of the Uniform Player’s Con-

tract covering the next succeeding championship season.

(b) If the new Uniform Player’s Contract is signed during

the championship season, it must begin with the next succeeding

championship season and cannot modify the terms of the Uni-

form Player’s Contract covering the then current championship

season.

The AAV of such new Contract shall be increased or

decreased, whichever is applicable and beginning with the new

Contract’s first Contract Year, by the figure arrived at by subtract-

ing the amount of Salary that has been attributed under the rules

of this Article XXIII to a Club in previous Contract Years under

the Contract that is being replaced from the amount that was actu-

ally paid to the Player by a Club in those Contract Years. If a new

Contract is signed during a championship season to commence

with the next championship season, the calculation called for in

this paragraph (3) shall be performed at the end of the then cur-

rent championship season. Except for the limited circumstances

described in this paragraph (3), no Player may be signatory to

more than one unexpired Uniform Player’s Contract at any time.

H. Uses of Competitive Balance Tax Proceeds

Competitive Balance Tax proceeds collected pursuant to Section B(6)

above shall be used as follows. Subsection H(1) sets forth the alloca-

tion for Competitive Balance Tax proceeds from the 2016 Contract

Year only. Subsection H(2) sets forth the allocation for Competitive

Balance Tax proceeds from all other Contract Years during the term of

the Basic Agreement.

(1) 2016 Competitive Balance Tax Proceeds

(a) The first $2,375,400 of proceeds collected for the 2016 Con-

tract Year shall be used to fund benefits to Players, as provided in

the Major League Baseball Players Benefit Plan Agreements.

(b) 50% of the remaining proceeds collected for the 2016 Con-

tract Year, with accrued interest, shall be used to fund contributions

129

to the Players’ individual retirement accounts, as provided in the

Major League Baseball Players Benefit Plan Agreements.

2016 Contract Year, with accrued interest, shall be used to defray

the Clubs’ funding obligations arising from the Major League Base-

ball Players Benefit Plan Agreements.

(2) 2017–21 Competitive Balance Tax Proceeds

(a) The first $13 million of proceeds collected for each Contract

Year shall be used to defray the Clubs’ funding obligations arising

from the Major League Baseball Players Benefit Plan Agreements.

(b) 50% of the remaining proceeds collected for each Contract

Year, with accrued interest, shall be used to fund contributions to the

Players’ individual retirement accounts, as provided in the Major

League Baseball Players Benefit Plan Agreements.

Contract Year, with accrued interest, shall be provided to Clubs that

did not exceed the Base Tax Threshold in that Contract Year.

I. Sunset

There shall be no Competitive Balance Tax in place following the 2021

championship season, and the Parties expressly acknowledge and

agree that the provisions of this Article XXIII (except those concern-

ing the collection and distribution of the Competitive Balance Tax pro-

ceeds for the 2021 Contract Year and the assessment of any associated

penalties for exceeding the Base Tax or Surcharge Thresholds) shall

not survive the expiration of this Agreement.

ARTICLE XXIV—The Revenue Sharing Plan

A. Definitions

(1) “Financial Information Questionnaire,” or “FIQ,” shall mean

the questionnaire completed by each of the Major League Clubs and

submitted, together with audited financial statements, on an annual

basis for each revenue sharing year to the Office of the Commis-

sioner. From time to time, Clubs are also required by the Office of the

130

Commissioner to supplement the FIQ by submitting additional infor-

mation in a “Supplementary Information Questionnaire” (“SIQ”).

(2) A “Revenue Sharing Year” shall mean the fiscal year of the

championship season that falls in that year (and shall be referred to,

for any specific Revenue Sharing Year under this Article, as “2017,”

“2018,” “2019,” etc., or the “2017 Revenue Sharing Year,” the

“2018 Revenue Sharing Year,” etc.).

(3) “Defined Gross Revenue” shall mean the aggregate operat-

ing revenues from baseball operations received, or to be received on

an accrual basis, as reported by each Club on an annual basis in the

Club’s FIQ, but shall not include post-season revenue. “Baseball

Operations” shall mean all activities of a Club that generate rev-

enue, except those wholly unrelated to the business of Major League

Baseball. Baseball Operations shall include (by way of example, but

not by way of limitation):

(a) an activity that could be conducted by a non-Club entity

but which is conducted by a Club because its affiliation or con-

nection with Major League Baseball increases the activity’s

appeal; and

(b) an activity from which revenue or value is received as a

result of a decision or agreement to forego what otherwise would

be Defined Gross Revenue.

(4)

“Central Revenue” shall mean all of the centrally-generated

operating revenues of the Major League Clubs that are administered

by the Office of the Commissioner or central baseball including, but

not limited to, revenues from national and international broadcasting

agreements (television, cable, radio and Internet), Major League Base-

ball Properties Inc., MLB Advanced Media, L.P., The MLB Network,

LLC, the Copyright Arbitration Royalty Panel, the All-Star Game, and

national marketing and licensing.

(5) “Local Revenue” shall mean a Club’s Defined Gross Rev-

enue less its share of Central Revenue.

(6) “Actual Stadium Expenses” shall mean the “Stadium Opera-

tions Expenses” of each Club, as reported on an annual basis in the

Club’s FIQ.

131

(7) “Net Local Revenue” shall mean a Club’s Local Revenue

less its Actual Stadium Expenses.

(8) “Revenue Sharing Plan” or “Plan” shall mean the local rev-

enue sharing agreement set forth in this Article XXIV, including the

Commissioner’s Discretionary Fund.

(9) The “Net Transfer Value” of the Revenue Sharing Plan for

each Revenue Sharing Year shall be the total transfer value that

would be generated by a 48% straight pool plan using the Clubs’ Net

Local Revenue from the prior year (e.g., for the 2018 Revenue Shar-

ing Year, the Net Transfer Value shall be the total transfer that would

be generated by a 48% straight pool plan using the Clubs’ Net Local

Revenue from 2017), without accounting for any distributions from

the Commissioner’s Discretionary Fund or adjustments due to the

market disqualification mechanisms described in Section A(12)

below.

(10) “Revenue Sharing Formula” shall mean the portion of the

Plan’s Net Transfer Value that Major League Clubs shall contribute

or receive in each Revenue Sharing Year, based on the following

formula:

(a) Each Club shall contribute to a putative pool a percentage

of a blended average of Net Local Revenue from the prior three

Revenue Sharing Years as follows: (i) 50% of its Net Local Rev-

enue from the prior Revenue Sharing Year; (ii) 25% of its Net

Local Revenue from the Revenue Sharing Year two years prior;

and (iii) 25% of its Net Local Revenue from the Revenue Shar-

ing Year three years prior. The Club’s total contribution to the

putative pool shall be referred to as the Club’s “Blended Net

Local Revenue,” and the putative pool shall be referred to as the

“Blended Net Local Revenue Pool.”

(b) The Blended Net Local Revenue Pool shall be divided

equally among the Clubs, with the difference between each

Club’s payment into the Blended Net Local Revenue Pool and its

receipt therefrom producing the Club’s net payment or net

receipt. Each Club’s net payment or net receipt shall be expressed

as a percentage of the total net transfer produced by the Blended

Net Local Revenue Pool (“Transfer Percentage”). Clubs’ Trans-

132

fer Percentages will be determined for each Revenue Sharing

Year pursuant to the formula in this Section A(10).

age as calculated above shall be multiplied by the Net Transfer

Value of the Plan for that Revenue Sharing Year as described in

Section A(9) above to determine the Club’s payment or receipt

for that Year. Clubs that pay more than they receive under the

Revenue Sharing Plan shall be referred to as “Revenue Sharing

Payor Clubs” and Clubs that receive more than they pay under

the Revenue Sharing Plan shall be referred to as “Revenue Shar-

ing Payee Clubs.”

(d) For the 2017 Revenue Sharing Year only, the amount of a

Club’s contribution or receipt under the Plan shall be the aver-

age of: (i) the amount of the Club’s net payment or net receipt

under the formula described in this Section A(10), and (ii) the

amount of the Club’s net payment or net receipt calculated as if

the Revenue Sharing formula in effect during the 2016 Revenue

Sharing Year remained in effect for the 2017 Revenue Sharing

Year.

(11) The “Commissioner’s Discretionary Fund” shall consist of

no more than $15 million in Major League Central Fund money that

is raised equally from all Clubs for each Revenue Sharing Year. The

Commissioner may make distributions from the Commissioner’s

Discretionary Fund to a Club or Clubs, in amounts and at times to

be determined at the Commissioner’s discretion, subject to the fol-

lowing guidelines and procedures.

(a) Guidelines

. The Commissioner, in exercising this discre-

tion, shall take no action that is inconsistent with this Agreement.

By way of example, but not limitation, the Commissioner may

not consider: (i) positions that a Club has taken with respect to

any matter before the Clubs, the Executive Council or the Office

of the Commissioner; (ii) a Club’s contracting decisions with

respect to or contemplated offers to free agents or free agent eli-

gible players; or (iii) whether a Club’s Actual Club Payroll is or

has been above the Competitive Balance Tax threshold estab-

lished in Article XXIII, above. In addition, the Commissioner

shall not, absent agreement of the Parties, distribute more than

133

$4 million to any individual Club in any Revenue Sharing Year

or make more than one distribution to any Club with a Market

Score of greater than 100 during the term of the Agreement.

(b) Procedures.

(i) W

ritten Requests. Any Club seeking a distribution

from the Commissioner’s Discretionary Fund shall submit a

request in writing to the Commissioner. The written request

must include, but need not be limited to: (i) the amount

requested; (ii) the use(s) to which the Club intends to put the

requested distribution; and (iii) an explanation of how, in the

Club’s view, the requested distribution should improve the

Club’s performance on the field. The Commissioner shall

respond in writing to each request for a distribution from the

Commissioner’s Discretionary Fund.

(ii) Consultation with the

Association. The Commissioner

shall, within 30 days of receiving a request pursuant to sub-

paragraph (b)(i) above, provide to the Association a copy of

the written request and his preliminary position on the request

(e.g., inclined to grant, might consider if modified, or not

inclined to grant). The Commissioner shall, at the Associa-

tion’s request, consult with the Association prior to making

any distribution. At the Association’s request, the Commis-

sioner shall also consult with the Association regarding a

request that he is not inclined to grant in its current form. The

Commissioner shall give notice to the Association at least 15

days prior to making any distribution, unless such notice is not

possible under the circumstances. In such case, the Commis-

sioner shall provide as much notice to the Association as is

possible under these circumstances, but, in no event, shall any

distribution be made without at least five (5) days’ written

notice to the Association. As part of any such consultation

process, the Commissioner shall provide the Association with

the documents required to be produced pursuant to Section

D(2)(k) of this Article and any document reasonably requested

by the Association pursuant to Section D(2).

(iii) T

iming of Distributions. The Commissioner shall

attempt to make distributions for a given Revenue Sharing

Year no later than December 1. The Commissioner may make

134

distributions that are contingent on a Club’s satisfaction of

specified conditions and may carry over funds to the next Rev-

enue Sharing Year if the money is not distributed because the

conditions were not fulfilled.

(12) Clubs with a Market Score greater than 100, as reflected in

Attachment 26, shall be fully disqualified from receiving revenue

sharing in the 2017-21 Revenue Sharing Years, except as set forth in

Section A(11) above. Notwithstanding the foregoing, the revenue

sharing disqualification of the Oakland Athletics shall be phased in

as follows: 25% disqualified in the 2017 Revenue Sharing Year; 50%

disqualified in the 2018 Revenue Sharing Year; 75% disqualified in

the 2019 Revenue Sharing Year; and fully disqualified in the 2020

and 2021 Revenue Sharing Years. However, the Oakland Athletics

shall be considered a market-disqualified Club for purposes of sub-

paragraphs 12(a) and (b) below, beginning in 2017.

(a) Distribution of Market Disqualification Proceeds

: Except

as provided by subparagraph 12(b) below, revenue sharing pro-

ceeds forfeited by market-disqualified Clubs by operation of this

Section A(12) shall be refunded to Revenue Sharing Payor Clubs.

Revenue Sharing Payor Clubs shall receive a share of forfeited

proceeds in proportion to their paid share of the Net Transfer

Value for a given Revenue Sharing Year (referred to as the Club’s

“Market Disqualification Refund”).

(b) Forfeiture of Market Disqualification Refund

: Notwith-

standing subparagraph 12(a) above, a Revenue Sharing Payor

Club may forfeit some or all of its Market Disqualification Refund

in a Revenue Sharing Year if its Actual Club Payroll during the

same Contract Year exceeds the Base Tax Threshold under Article

XXIII (“CBT Payor Club”). The percentage of the Market Dis-

qualification Refund that a CBT Payor Club shall forfeit, if any,

will be determined by the number of consecutive Contract Years

that it had been a CBT Payor Club, as set forth below and regard-

less of whether the consecutive Contract Years fell within the term

of this or the immediately preceding Basic Agreement. Revenue

Sharing Payor Clubs shall receive their full Market Disqualifica-

tion Refund in any year in which they are not a CBT Payor Club

even if they were a CBT Payor Club in prior Contract Years.

135

(i) Tier 1: A Revenue Sharing Payor Club shall receive

100% of its Market Disqualification Refund if it is a CBT

Payor Club during the Contract Year at issue but was not a

CBT Payor Club in the immediately preceding Contract Year.

(ii) T

ier 2: A Revenue Sharing Payor Club shall forfeit

25% of its Market Disqualification Refund if, during the Con-

tract Year at issue, it is a CBT Payor Club for a second consec-

utive Contract Year.

(iii) T

ier 3: A Revenue Sharing Payor Club shall forfeit

50% of its Market Disqualification Refund if, during the Con-

tract Year at issue, it is a CBT Payor Club for a third consecu-

tive Contract Year.

(iv) T

ier 4: A Revenue Sharing Payor Club shall forfeit

75% of its Market Disqualification Refund if, during the Con-

tract Year at issue, it is a CBT Payor Club for a fourth consec-

utive Contract Year.

(v) T

ier 5: A Revenue Sharing Payor Club shall forfeit

100% of its Market Disqualification Refund if, during the

Contract Year at issue, it is a CBT Payor Club for a fifth (or

more) consecutive Contract Year.

(vi) Initial

Assignment of Tier

: For purposes of determin-

ing a Club’s Tier for the 2017 Revenue Sharing Year—

(A) A Club that was not a 2016 CBT Payor Club is a

Tier 1 Club if it is a CBT Payor Club in 2017.

(B) A Club that was not a 2015 CBT Payor Club but was

a 2016 CBT Payor Club is a Tier 2 Club if it is a CBT Payor

Club in 2017.

second consecutive Contract Year is a Tier 3 Club if it is a

CBT Payor Club in 2017.

(D) A Club that was a CBT Payor Club in 2016 for the

third consecutive Contract Year is a Tier 4 Club if it is a

CBT Payor Club in 2017.

136

(E) A Club that was a CBT Payor Club in 2016 for the

fourth (or more) consecutive Contract Year is a Tier 5 Club

if it is a CBT Payor Club in 2017.

(vii) Subsequent

Assignment of Tier:

(A) A Club will move up one Tier for each consecutive

Contract Year it remains a CBT Payor Club.

(B) A Club that is a CBT Payor Club in a given Contract

Year but is not a CBT Payor Club for the next two or more

consecutive Contract Years will be a Tier 1 Club in the next

Contract Year in which it is a CBT Payor Club.

paragraphs b(i)-(v) above, a Club that is a CBT Payor Club

in a given Contract Year but is not a CBT Payor Club for

only the next Contract Year will have its assigned Tier

reduced by two levels (but in no event to lower than Tier 1)

in the next Contract Year in which it is a CBT Payor Club.

For example, a Club that is at Tier 5 entering the 2018 Rev-

enue Sharing Year but is not a CBT Payor Club in 2018 will

receive its full Market Disqualification Refund in 2018, and

will be a Tier 3 Club if it is a CBT Payor Club in 2019.

(viii) Distribution of Forfeited Refunds

: Amounts for-

feited in a given Revenue Sharing Year by operation of this

subparagraph 12(b) shall be redistributed as follows.

(A) 50% of forfeited amounts shall be used to fund

benefits to Players via the Major League Baseball Players

Investment Plan.

(B) 50% of forfeited amounts shall be distributed

to Revenue Sharing Payee Clubs, excluding market-

disqualified Clubs, that either are not CBT Payor Clubs in

the given Contract Year or are CBT Payor Clubs in the

given Contract Year but were not CBT Payor Clubs in the

immediately preceding Contract Year. Such distributions

shall be made to the qualifying Revenue Sharing Payee

Clubs in proportion to the amount of revenue sharing pro-

ceeds they received.

137

(13) The “Administrator” shall be the representative (or repre-

sentatives) responsible, in consultation with the Association, for

administration of the Revenue Sharing Plan under this Article

XXIV. (See Section C, Administration, below.)

B. General Principles

(1) Intent of the Plan

The intent of the Revenue Sharing Plan is to transfer among the

Clubs in each Revenue Sharing Year the amount of revenue that

would have been transferred in that Year by a 48% straight pool

plan, plus such transfers as may result from distributions of the

Commissioner’s Discretionary Fund.

(2) Other Sharing

Except as expressly provided for in the Basic Agreement or other

agreements between the Parties, nothing in this Article is intended

to alter current agreements among the Clubs pertaining to Central

Revenue, including but not limited to the Major League Central

Fund, the Office of the Commissioner, Major League Baseball

Properties, Inc., Major League Baseball Advanced Media, L.P., The

MLB Network, LLC, the Copyright Arbitration Royalty Panel, the

All-Star Game, and national marketing and licensing. Notwithstand-

ing the preceding sentence and except as expressly provided for in

the Basic Agreement or other agreements between the Parties, the

Office of the Commissioner shall take no action regarding the allo-

cation or distribution of Central Revenue that is (i) in response to

the operation of the Revenue Sharing Plan or (ii) inconsistent with

the manner in which the Commissioner has allocated or distributed

Central Revenue in the past.

(3) Accounting Rules

In calculating net payments and net receipts, the Administrator,

on behalf of the Clubs, shall use the definitions contained in the

2016 FIQ, subject to the provisions of Section C below. The inten-

tion is to continue to follow Generally Accepted Accounting Princi-

ples (“the GAAP rules”) in the adoption and application of revenue

and expense definitions contained in the FIQ and to use GAAP or,

in designated situations, federal tax principles, as the “default” stan-

138

dards in the accounting conventions, policies and practices reflected

in the FIQ (and in any changes to any of the foregoing). It is

acknowledged, however, that specific exceptions to the GAAP rules

have been and will be warranted to ensure uniformity, consistency

and fair treatment among the Clubs, subject to the provisions of Sec-

tion C, below.

(4) Interests of the Association

The Revenue Sharing Plan may have a significant impact on the

industry globally as well as on individual Clubs. Accordingly, the

Parties acknowledge that the Association has a significant interest in

any aspect of any of the components of the Revenue Sharing Plan

or its operation materially affecting either: (a) the overall industry-

wide transfer of revenue among Clubs; or (b) the amounts of pay-

ments made by individual Clubs and the amounts of receipts

received by individual Clubs. This paragraph shall not be construed

to limit the Association’s right to assert that it has other legitimate

interests in the operation of the Plan.

(5) Other Undertakings

(a) A principal objective of the Revenue Sharing Plan is to pro-

mote the growth of the Game and the industry on an individual Club

and on an aggregate basis. Accordingly, each Club shall use its rev-

enue sharing receipts (including any distributions from the Commis-

sioner’s Discretionary Fund) in an effort to improve its performance

on the field. The following uses of revenue sharing receipts are not

consistent with a Club’s obligation under this paragraph 5(a) to use

such receipts in an effort to improve its performance on the field:

payments to service acquisition debt or any other debt that is unre-

lated to past or future efforts to improve performance on the field;

payments to individuals other than on-field personnel or personnel

related to player development; payments to entities that do not have

a direct role in improving on-field performance; and distributions to

ownership that are not intended to offset tax obligations resulting

from Club operations. Consistent with his authority under the Major

League Constitution, the Commissioner may impose penalties on

any Club that fails to comply with this subparagraph 5(a). The Com-

missioner, in addition to other penalties he may impose for violations

of any aspect of this subparagraph 5(a), may require a Club to sub-

139

mit a plan for its financial performance and competitive effort for the

next two years. Such a plan must include a pro forma financial pres-

entation that specifies its attendance, revenues, payroll, player devel-

opment expenditures, non-player costs, and capital spending. The

Commissioner, after consultation with the Players Association, may

direct the Club to change aspects of its plan, including the level of

competitive effort reflected in the plan, or take other actions as he

considers appropriate (including escrow of a portion of a Club’s rev-

enue sharing payments).

The Association has the burden in any proceeding under the Griev-

ance Procedure of demonstrating that the Club’s use of its revenue

sharing receipts was in violation of this subparagraph 5(a). In any

such Grievance, the Arbitration Panel shall consider, among other

things: (i) the Club’s expenditures on scouting, player development,

and player payroll; (ii) the Club’s long-term strategy for improving

competitiveness; (iii) the uses that the Club has historically made of

revenue sharing receipts; and (iv) the overall financial position of the

Club. Notwithstanding the above, if a Club’s Actual Club Payroll pur-

suant to Article XXIII(C) is equal to less than 125% of its revenue

sharing receipts in a given Revenue Sharing Year, the Club shall have

the burden of establishing in any Grievance that its use of revenue

sharing receipts was consistent with this subparagraph 5(a).

(b) Each Revenue Sharing Payee Club, no later than August 15,

shall report on the performance-related uses to which it put its rev-

enue sharing receipts in the current Revenue Sharing Year. That

report shall include, in a single submission: a statement of the

Club’s strategy for competitive improvement, aggregate revenues,

payroll, non-payroll costs, and operating profits, both planned and

actual, over the recent past and projected for at least two years; pro-

vided that the aforementioned financial data may be generated by

the Office of the Commissioner for inclusion in the submission.

tion of two Clubs is necessary for the production of the on-field

competition that the Clubs sell to the public. The net payments and

net receipts required by this Article XXIV reflect a continuation of

the amounts paid directly to the visiting Clubs and are in recogni-

tion of the principle that visiting Clubs should share, and in fact tra-

140

ditionally have shared, in the economic benefits jointly generated by

the Game at another Club’s home field.

(d) None of the Parties hereto shall enter into any agreement, or

engage in any transaction or other conduct, designed to defeat or cir-

cumvent the intentions of the Parties as reflected in this Article

XXIV.

C. Administration

(1) Responsibility

The administration of the Revenue Sharing Plan under this Arti-

cle XXIV shall be the responsibility of the Administrator in consul-

tation with the Association. The Administrator shall be the

Commissioner or, if so designated by the Major League Baseball

Executive Council, a Committee of Clubs and/or representatives.

The Administrator may delegate certain of his duties and responsi-

bilities to his staff and/or a committee of Club representatives

and/or expert consultants (e.g., the Revenue Sharing Definitions

Committee), provided that the Administrator retains final decision-

making authority over all matters within his jurisdiction and subject

to the Players Association’s rights (as set forth herein). The Office

of the Commissioner shall promptly notify the Association of a

change in the Administrator.

(2) Duties of Administrator

The Administrator shall have the following duties and responsi-

bilities, to be performed in consultation with the Association:

(a) Calculations and Determination of Payment Schedule

The Administrator shall calculate and determine the timing of

payment and distribution of net payments and net receipts by (or

to) Clubs. In this regard, the Administrator is authorized to

require estimated partial payments and distributions during the

course of a Revenue Sharing Year and to assess reasonable penal-

ties for intentionally inaccurate estimates by Clubs. Unless

altered by the Administrator in consultation with the Association,

the Clubs shall make payments to the Administrator in each year

of the Revenue Sharing Plan under the following schedule:

141

(i) For Payments 1 – 4, payment amounts shall be deter-

mined using the most recent Net Local Revenue estimates pro-

vided by Clubs as of October 25 of the previous year.

(ii) The “Payment Date” shall be the date on which the

Revenue Sharing Payor Clubs pay estimated amounts to the

Administrator based on an updated revenue sharing calcula-

tion provided to the Clubs.

(iii) The “Distribution Date” shall be the latest date by

which the Administrator should distribute estimated amounts

to Revenue Sharing Payee Clubs based on the updated revenue

sharing calculation.

(iv) The “Estimated Annual Net Payment” shall include

any Market Disqualification Refunds distributed pursuant to

Section A(12)(a) above, but shall not account for any Market

Disqualification Refunds forfeited pursuant to Section

A(12)(b).

(v) The “Final Determination of Annual Net Payment

Based on Audited Results” shall include any forfeited Market

Disqualification Refunds.

In determining whether to alter the foregoing schedule, the

Administrator shall accord substantial weight to the cash flow

needs under this Agreement of the industry as a whole, as

opposed to any specific Club. The Administrator shall also pro-

vide the Association with notice of any inter-Club disputes relat-

Distribution

Payment Date Date Amount of Payment

Payment 1 May 15 May 25

25% of Estimated Annual

Net Payment

Payment 2 July 15 July 25

25% of Estimated Annual

Net Payment

Payment 3 September 15 September 25

25% of Estimated Annual

Net Payment

Payment 4 November 15 November 25

25% of Estimated Annual

Net Payment

Payment 5

May 15 (of May 25 (of

Final determination of

following year) following year)

Annual Net Payment based

on Audited Results

142

ing to the payment and distribution of net payments and receipts

and the resolution of such disputes.

The Commissioner’s Discretionary Fund shall operate as pro-

vided in Section A(11), above.

(b) Review of

Accounting and Reporting Practices. The

Administrator shall review the accounting and reporting practices of

the Clubs, as reflected in Club financial information submitted in

connection with the FIQs, audited financial statements, and any

SIQs or supplemental information required by the Administrator to

be submitted by Clubs. The Administrator shall also conduct regu-

lar full independent audits of the Clubs and of particular significant

transactions (e.g., related party transactions). The Administrator will

continue to conduct full compliance audits of each Club in each year

of this Agreement. The Administrator is also authorized to make

appropriate changes, in furtherance of the objectives described

below in Section C(2)(c), in the definitions, accounting conven-

tions, policies or practices reflected in the FIQ, subject to prior

notice to, and consultation with, the Association. The Administrator

is also authorized to require a more detailed Club submission of line

items as set out in the FIQ.

. In performing functions under this paragraph

(2), the objectives of the Administrator are:

(i) to achieve uniformity and consistency in reporting

among Clubs;

(ii) to achieve uniformity and consistency in reporting from

Revenue Sharing Year to Revenue Sharing Year;

(iii) to accord fair treatment in the calculation of net pay-

ments and net receipts;

(iv) to be fair, impartial and objective in assessing and eval-

uating new issues that arise in the operation of the Plan; and

(v) to remain faithful to the agreement of the Parties

reflected in this Article XXIV.

(3) Specific Prohibition

In performing duties and responsibilities in the administration of

the Revenue Sharing Plan, the Administrator shall not materially

143

affect the agreement of the Parties as reflected in this Article,

including, but not limited to:

(a) the industry-wide net transfer of Net Local Revenue

among Clubs;

(b) the amounts of contributions made by individual Revenue

Sharing Payor Clubs and the amounts of payments received by

individual Revenue Sharing Payee Clubs; or

tionary Fund.

D. Participation of the Association

(1) Consultation

(a) Within 30 days following execution of this Agreement, the

Administrator shall promptly notify and consult with the Association

in advance with regard to any proposed action the Administrator

intends to take pursuant to paragraphs (l), (2)(a) and (2)(b) of Section

C above in connection with the administration of the Revenue Shar-

ing Plan. The Administrator and the Association shall thereafter meet

regularly on a monthly basis to facilitate administration of the Plan.

Further, the Administrator shall regularly notify and consult with the

Association with respect to any proposed changes described in Sec-

tion C(2)(b), or any other proposed changes in the administration of

the Plan, preliminary and final estimated partial payment calcula-

tions and preliminary and final calculations regarding net payments

or net receipts due under any component of the Plan.

(b) Failure by the Association to challenge at the consultation

stage with the Administrator or under the Grievance Procedure in

Article XI any such proposed actions, changes, or preliminary esti-

mated partial payment calculations or preliminary calculations

regarding net payments or net receipts described above in Section

D(1)(a) shall not preclude the Association from challenging under

the Grievance Procedure in Article XI any action taken, changes

made, or final estimated partial payment calculations or final calcu-

lations regarding net payments or net receipts made by the Admin-

istrator in connection with the administration of the Revenue

Sharing Plan. Further, nothing in this Article, including, but not lim-

144

145

ited to, the consultation rights accorded the Association, is intended

to limit either the substantive rights of the Association under this

Article or the application of the Grievance Procedure in Article XI

as to any complaint involving the existence or interpretation of, or

compliance with, this Article or any provision herein.

shall not preclude the Administrator from calculating, collecting or

redistributing estimated partial payments or receipts or final net

payments or receipts in accordance with this Article, unless the

Chair of the Arbitration Panel, upon application by the Association,

provides otherwise. Unless the Chair provides otherwise, any

adjustments to the calculation, collection or redistribution of esti-

mated partial payments or receipts or of final net payments or

receipts pursuant to this Article necessitated by the resolution of an

Association Grievance shall be made by the Administrator once the

Grievance is finally resolved.

(2) Right to Information

The Administrator shall provide to the Association, upon request,

any relevant information necessary to the Association’s perform-

ance of its functions under this Article as collective bargaining rep-

resentative. More specifically, and not by way of limitation, the

Administrator shall promptly provide to the Association on a regu-

lar basis for each Revenue Sharing Year of this Agreement, copies

of the following documents (in hard copy and computer readable

form, if available) within 10 days following preparation by or

receipt by the Administrator of such data, except that (i) copies of

documents responsive to subparagraph (k) shall be provided with

the notice provided pursuant to Section A(11)(b)(ii) of this Article;

(ii) copies of documents responsive to subparagraphs (e), (n) and (p)

shall be provided within 30 days following preparation of such data

by the Clubs (or the Administrator); and, if requested, (iii) copies of

documents responsive to subparagraph (m) shall be provided within

10 days following the Association’s request, as the case may be:

(a) the form FIQ to be submitted by Clubs, together with any

form SIQ or other forms requiring the submission of supplemen-

tal information to the Administrator by Clubs;

(b) any proposed changes in the form FIQ, SIQ or other forms

to be submitted to the Administrator by the Clubs, together with

explanatory reports, if any, regarding such proposed changes;

forms submitted to the Administrator by each Club;

(d) audited financial statements submitted by each Club;

(e) summaries of local media contracts (and/or of any other

individual Club contracts) submitted by each Club to, or main-

tained under the supervision of, the Office of the Commissioner

(or the Administrator);

(f) any industry-wide compilation of revenue and expense

data, whether broken out by individual Club or groups of Clubs;

(g) any completed forms submitted by the Clubs to the

Administrator in connection with the preparation of estimates of

net payments or net receipts under any component of the Plan;

(h) any preliminary estimated partial payment calculations or

preliminary calculations by the Administrator of net payments

and net receipts due under any component of the Plan;

(i) any document reflecting a distribution to a Club under any

component of the Plan;

(j) any document prepared by or on behalf of the Administra-

tor in connection with a full or partial independent audit of any

Club conducted by or on behalf of the Administrator as described

in Section C(2)(b) and Section D(3)(a) of this Article;

(k) any correspondence to or from the Administrator or the

Office of the Commissioner regarding a contemplated distribu-

tion, noticed pursuant to Section A(11)(b)(ii) of this Article,

including but not limited to the written request submitted pur-

suant to subparagraph (b)(i) of that Section and any documents

considered by the Commissioner during his review of the request;

(l) reports filed with the Commissioner pursuant to Section

B(5)(b) of this Article and any correspondence from or to the

Commissioner relating to his enforcement of Section B(5)(a) of

this Article;

146

(m) upon specific request by the Association, any unsuccess-

ful request made pursuant to Section A(11)(b)(i) of this Article,

any correspondence responsive to such submission and any doc-

ument that the Commissioner considered in connection with his

rejection of such request;

(n) upon specific request by the Association, any Club docu-

ment(s) examined or required to be examined by or on behalf of

the Administrator in connection with a full or partial independent

audit of any Club conducted by or on behalf of the Administrator

as described in Section C(2)(b) and Section D(3)(a) of this Article;

(o) any final calculations by the Administrator of estimated

partial payments, net payments and net receipts due under the

Plan; and

(p) upon specific request by the Association, a description of

the methodologies, assumptions and procedures used by the

Administrator to calculate and/or reconcile items reported in

Club FIQs and Club audited financial statements.

In addition, the Administrator or his staff will notify the Associ-

ation in advance of any ruling of the Revenue Sharing Definitions

Committee and will meet with the Association, upon request, to dis-

cuss the rationale for the ruling.

(3) Right to Audit

(a) The Association shall have the right, at any time during this

Agreement, to require the Administrator to conduct a full or partial

independent audit of any Club for a given Revenue Sharing Year or

of any particular transaction, regardless of whether such an audit

would have been required by the Administrator under the proce-

dures referred to in Section C(2)(b) above. Further, should the Asso-

ciation require such an audit, the Association shall also have the

right to require the Administrator to examine specified transactions,

revenue and/or expense items, and/or to require reconciliation of the

Club’s FIQ and audited financial statements in specified areas. The

Association also shall have the right to require the Administrator to

examine specified Club document(s). The Administrator shall con-

duct the audit within a reasonable period of time from the date of a

written demand therefor by the Association. To the extent practica-

147

ble, such audit will be conducted under the same procedures and

under the same time schedule as other audits conducted by the

Administrator in accordance with Section C(2)(b) above. All

expenses for such audits shall be borne solely by the Administrator.

(b) Upon a showing of good cause and written notice to the

Administrator, the Association shall have the right to conduct its own

full or partial independent audit of any such Club or transaction. The

Administrator shall promptly arrange the date for the Association’s

audit, to be conducted within a reasonable period of time from the

date of the Association’s notice pursuant to this subparagraph.

D(3)(a) and Section D(3)(b) above, and without regard to whether

the Administrator has conducted an audit pursuant to Section

C(2)(b) or Section D(3)(a) of any Club (or Clubs), the Association,

upon written notice to the Administrator, shall have the right to con-

duct its own full or partial independent audit of six (6) Clubs per

year for each Revenue Sharing Year. Notwithstanding the foregoing,

upon a showing of good cause, the Association shall have the right

to conduct its own full or partial independent audit of more than six

(6) Clubs for each Revenue Sharing Year. The Administrator shall

promptly arrange the date for the Association’s audit, to be con-

ducted within a reasonable period of time from the date of the Asso-

ciation’s notice pursuant to this subparagraph.

(d) Any audits conducted by the Association pursuant to sub-

paragraphs (b) or (c) above, may be conducted by representatives of

the Association’s choice, including accountant(s) employed on the

Association’s staff, so long as such representatives are working

under the supervision of Certified Public Accountant(s) of the Asso-

ciation’s choice.

(e) The Association shall utilize the rights set forth in this para-

graph (3) in good faith and only in furtherance of its interest in

ensuring compliance with this Agreement. In no event will the

Association conduct an unreasonable number of its own audits for

any Revenue Sharing Year.

(4) Confidentiality

Any financial information obtained by the Association from

the Clubs (or the Administrator) pursuant to this Article shall

148

be subject to the Confidentiality Agreement appended hereto in

Attachment 14.

ARTICLE XXV—International Play

A. Definition

International Play is defined as any baseball-related tour, game, clinic

or competition, including skills competition, initiated by either party,

or by a Player, that involves Players and that is staged (“International

Play Event” or “Event”):

(1) outside the United States and Canada; or

(2) within or without the United States or Canada against a for-

eign club or clubs.

Notwithstanding the foregoing, International Play shall not include:

(a) Championship season, All-Star, Wild Card, Division

Series, League Championship Series and World Series games

played in the United States and/or Canada; and

(b) Exhibition games conducted in the United States or

Canada contained in the Spring Training schedule against any

non-Major League club provided the following conditions are

satisfied: (i) the Office of the Commissioner shall give the Asso-

ciation written notice of each such exhibition game on or before

February 1 of each year during the term of the Basic Agreement,

(ii) the games are scheduled as split squad games with all 40-man

roster Players being afforded the opportunity to play in the alter-

nate game if they choose; (iii) a Club may not schedule more than

two such exhibition games in any Spring Training period; (iv) no

more than 25% of participating Players in the game are on the 40-

man roster; and (v) the games are not organized, staged or spon-

sored by the Office of the Commissioner, MLB Properties or any

of their affiliated entities. The Office of the Commissioner will

provide to the Association a list of the 40-man roster Players who

have agreed to participate in any such exhibition games no later

than thirty-six hours before the start of the applicable game.

B. Possible Expansion

Notwithstanding the foregoing definition of International Play, if a

Major League franchise is awarded to a city outside the United States

149

and Canada, all championship season, All-Star, Wild Card, Division

Series, League Championship Series and World Series games played in

that city by such franchise shall not be considered International Play.

C. Staging of International Play Events

The Parties have agreed to stage the International Play Events set forth

in Attachment 51 during the term of the Basic Agreement. Once Clubs

are selected to participate in an International Play Event pursuant to the

procedures set forth below, the Event will be staged. Notwithstanding

the preceding sentence, either party may propose modifications to an

International Play Event contemplated in Attachment 51 (which will

be considered in good faith, but need not be accepted, by the other

party); provided, however, that any such proposed modifications must

be presented to the other party by no later than July 1 in the year pre-

ceding the Event in question and the Parties must finalize any agreed-

upon modifications by no later than September 1 in the year preceding

the Event. Further, a party may unilaterally cancel an Event, no later

than September 1 in the year preceding the Event in question, if: (i) the

participation agreement with the Event promoter or sponsor has not

been executed; and (ii) the party has a reasonable basis for withdraw-

ing from the Event under this subsection that was not foreseeable as of

December 1, 2016.

D. Club Selection and Reimbursement for International

Play Events

(1) Events in Mexico, Puerto Rico, or the Dominican Republic.

For each Spring Training or championship season Event in Mex-

ico, Puerto Rico, or the Dominican Republic, the Office of the Com-

missioner shall notify the Association in writing which Clubs have

been selected to participate in the Event by no later than April 1 in

the year preceding the Event.

(2) Championship Season Events in Asia or the United Kingdom.

As early as March 1 two years prior to the staging of any

championship season Event in Asia or the United Kingdom, but no

later than March 1 in the year preceding such an Event, the Office

of the Commissioner will provide the Association with a list of at

least four Clubs that are interested in participating in the Event. The

150

Association will then survey the Players on those Clubs to deter-

mine their interest in participating in the Event. During this survey

and consultation period, Club personnel shall be prohibited from

lobbying or attempting to persuade or dissuade Players from partic-

ipating in the Event. Within thirty days of receiving the list of poten-

tial Clubs from the Office of the Commissioner, the Association will

identify from that list at least two Clubs from the same League that

the Association approves for participation in the Event. The Office

of the Commissioner shall then select the two participating Clubs

from those approved by the Association.

(3) Off-season Exhibition/Barnstorming Tours.

The Parties will endeavor to organize at least one exhibition tour

involving Players in a foreign country (or countries) each offseason,

scheduled between the end of the World Series and the start of

Spring Training.

(4) Limits on the Number of International Play Events Per Club.

(a) A Club may not be selected to participate in more than two

International Play Events during the term of the Basic Agree-

ment, no more than one of which will be outside of Mexico, the

Dominican Republic or Puerto Rico.

(b) All Players on a Club selected to participate in Events

scheduled during the championship season will be required to

participate, regardless of whether such Players participated in an

International Play Event during the term of the Basic Agreement

while a member of another Club.

(5) Club Reimbursement for Replacement Costs.

Clubs that have one or more home games replaced by an Interna-

tional Play Event shall be compensated for lost revenue as follows:

(a) The replacement costs of home Clubs will be calculated

using the average game day revenue for three comparable games

minus the average variable expenses for such games.

(b) Revenue categories will include gate receipts, in-park con-

cessions, advertising and publications, parking, and suite revenue.

tions costs, utilities costs, maintenance costs, and game opera-

151

tions staff salaries that are paid by the Club on a per-game or as-

used basis.

(d) Participating Clubs shall provide the Office of the Com-

missioner and the Association with detailed and complete state-

ments reflecting replacement cost calculations.

(e) Replacement costs that Clubs receive for participating in

an Event shall be excluded from Net Local Revenue under

Article XXIV.

E. Promoter Selection and Logistics for International Play

Events

(1) The Office of the Commissioner shall be responsible for

selecting and negotiating contracts with promoters for International

Play Events. Such promoters, as well as any event staff that are not

full-time MLB employees, shall be subject to the prior written

approval of the Association, which shall not be unreasonably with-

held.

(2) The Office of the Commissioner shall consult with the Asso-

ciation prior to entering into any contract that affects the terms and

conditions of Player participation in an Event (including travel,

hotel selection, promotional activities involving Players), and pro-

vide copies of all final agreements to the Association. Association

staff shall be involved in making all travel and accommodations

arrangements for any Event.

(3) During the planning and execution of an Event, the Parties

shall meet and confer at least twice per month for purposes of shar-

ing information and seeking input. The Office of the Commissioner

and the Association will each designate a single point person to

coordinate with one another in between these bi-monthly meetings.

F. Promotional Activity and International Ambassadors

(1) Promotional Activities

(a) No later than 90 days before each scheduled Event (or

some other reasonable notice period to be agreed upon by the

Parties), the Office of the Commissioner shall provide to the

Association a plan to promote the Event and related activities.

152

(b) Each Player who participates in an Event shall be encour-

aged to promote the Event, including by participating in at least

two large-group activities and one smaller-group promotional

activity. Media availability at the ballpark shall not be counted

toward these promotional activities. No Player shall be required,

without his consent, to participate in any appearance or activity

to promote an Event sponsor or promoter.

identify a group of no less than four Players from each Club (not

including any International Ambassadors, as described below)

who will engage in one group activity or appearance to promote

the Event.

(d) Promoter agreements for Events shall include a provision

that allows the Office of the Commissioner to request that a

Player make no more than one commercial appearance on behalf

of an Event sponsor or promoter at a time and place convenient

for the Player, with a predetermined appearance fee of $5,000.

The agreement shall include as many details as possible regard-

ing expectations of the Player for the projected/anticipated pro-

motional event(s), and make clear to the promoter that Player

participation in any commercially sponsored activity is voluntary.

In addition, the Parties shall jointly discuss other voluntary com-

mercial opportunities for Players on behalf of Event sponsors or

promoters in connection with each Event.

(e) Any agreement on promotion will be circulated as soon as

reasonably practicable to the Association.

(f) The Association shall be a party to any promotional agree-

ments with third parties (not the Event promoter) that contem-

plate the involvement of Players. If the Office of the

Commissioner or a Club is approached about such promotional

arrangements (including through an Event promoter), it shall

direct inquiries to the Association. The Association agrees not to

be a party to promotional agreements with third parties to partic-

ipate in events that are scheduled at the same time as promotional

activities reasonably scheduled by the Event promoter that all or

substantially all Players are requested to attend.

(g) The Office of the Commissioner and the Association shall

jointly discuss voluntary commercial opportunities for Players,

153

provided that any voluntary opportunities are made clear in the

promoter agreement.

(2) International Ambassadors. For all Events, at least two

active Players from each Club will be chosen by the Association as

International Ambassadors. International Ambassadors may be

asked to participate in promotional services in advance of an Event,

such as appearances, press conferences, sponsor events, and other

similar events. Player compensation will be provided in an amount

agreed upon by the Parties from the International Play Bank

Account (see Attachment 51), subject to projected available funds.

G. Player Participation in Off-Season and Spring Training

Events

(1) Player participation in off-season Events will be purely vol-

untary; however, the Association will encourage Player participa-

tion in these Events. The Office of the Commissioner will

encourage Clubs to give consent for their Players to participate in

these Events.

(2) For all purposes herein, permission for Player participation

may not be conditioned on any third party or sponsor-related activ-

ity involving the Player (directly or indirectly).

(3) All Players on a Club will not be required to participate in an

International Play Event scheduled during Spring Training provided

that a representative complement of Players on the Club participate

in the event.

H. Off-Season Promotion

For all Events, the Parties shall explore promotional activities using

current Players during the off-season preceding an Event (including by

using International Ambassadors, as described above), as well as ama-

teur development programming using former Players after an Event

(e.g., instructional clinics). Compensation for International Ambas-

sadors and former Players will be jointly determined by the Office of

the Commissioner and the Association.

ARTICLE XXVI—Term

This Agreement shall terminate on December 1, 2021 at 11:59 P.M.

Eastern Time.

154

ARTICLE XXVII—Comprehensive Agreement

This Agreement represents a complete, full and final understanding on

all bargainable subjects covering Players during the term of this Agree-

ment, except such matters as may become bargainable pursuant to the

reopener provisions of this Agreement or under the terms of the fol-

lowing agreements:

(a) the Major League Baseball Players Benefit Plan;

(b) the Agreement Re Major League Baseball Players Benefit

Plan;

ment Program; and

(d) the Agreement regarding dues check-off.

All rights to bargain with one another concerning any subject whatso-

ever regarding Players for the duration of this Agreement are expressly

waived by the Parties, except to the extent permitted in said Agreements

and in the reopener provisions of this Agreement. Should this Agree-

ment be reopened pursuant to the provisions hereof, each of the Parties

shall have the right to take concerted action in support of its position.

It is further agreed by the Parties that during the term of this Agree-

ment they will use their best efforts to ensure that all terms and condi-

tions of all Uniform Player’s Contracts signed by individual Players

will be carried out in full.

ARTICLE XXVIII—Execution of this Agreement

This Agreement may be executed in any number of counterparts, each

of which shall be deemed an original, and such counterparts shall con-

stitute but one and the same instrument.

This Agreement is executed by the undersigned acting solely in

their respective representative capacities and not in their individual

capacities.

N WITNESS WHEREOF, the Parties have hereunto subscribed their

names as of the day and year first above written.

155

CLUBS MAJOR LEAGUE BASEBALL

PLAYERS ASSOCIATION

AZPB LIMITED PARTNERSHIP

ANGELS BASEBALL LP

TLANTA NATIONAL LEAGUE

BASEBALL

CLUB, LLC

ALTIMORE ORIOLES

LIMITED PARTNERSHIP

BOSTON RED SOX BASEBALL CLUB

LIMITED PARTNERSHIP

CHICAGO CUBS BASEBALL CLUB, LLC

HICAGO WHITE S

OX, LTD.

THE CINCINNATI REDS, LLC

LEVELAND INDIANS BASEBALL

COMPANY, LLC

OLORADO ROCKIES BASEBALL

CLUB, LTD.

ETROIT TIGERS, INC.

OUSTON ASTROS, LLC

ANSAS CITY ROYALS BASEBALL

CORPORATION

OS ANGELES D

ODGERS LLC

STERLING METS, L.P.

IAMI MARLINS, L.P.

ILWAUKEE B

REWERS BASEBALL CLUB,

LIMITED PARTNERSHIP

MINNESOTA TWINS, LLC

EW YORK Y

ANKEES PARTNERSHIP

ATHLETICS INVESTMENT GROUP, LLC

DBA O

AKLAND ATHLETICS BASEBALL

COMPANY

THE PHILLIES

ITTSBURGH ASSOCIATES

RANGERS BASEBALL LLC

OGERS BLUE JAYS BASEBALL

ARTNERSHIP

PADRES L.P.

AN FRANCISCO GIANTS BASEBALL

LUB LLC

156

Chris Archer

John Axford

Jose Bautista

Charlie Blackmon

Jerry Blevins

Brad Boxberger

Craig Breslow

Zach Britton

Chris Capuano

Jason Castro

Steve Cishek

Gerrit Cole

Rajai Davis

Daniel Descalso

Sean Doolittle

Matt Duffy

AJ Ellis

Josh Fields

Tyler Flowers

Cory Gearrin

Kyle Gibson

Paul Goldschmidt

Adrian Gonzalez

Curtis Granderson

Zack Greinke

Matt Harvey

Aaron Hill

Chris Iannetta

Jon Jay

Dan Jennings

Cory Kluber

Tom Koehler

Jed Lowrie

Jonathan Lucroy

Mark Melancon

Andrew Miller

Daniel Murphy

ST. LOUIS CARDINALS, LLC

HE BASEBALL CLUB OF

SEATTLE, L.L.L.P.

AMPA BAY RAYS

BASEBALL LTD.

ASHINGTON NATIONALS

BASEBALL CLUB, LLC

By By

Daniel R. Halem, Tony Clark,

Chief Legal Officer Executive Director

157

Scott Oberg

Darren O’Day

Ross Ohlendorf

Adam Ottavino

David Phelps

Trevor Plouffe

Buster Posey

David Robertson

Max Scherzer

Bo Schultz

Bryan Shaw

Matt Shoemaker

Josh Thole

Carlos Villanueva

Neil Walker

Adam Warren

CJ Wilson

Brad Ziegler

158

ATTACHMENT 1

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

I understand that the Players Association has expressed concern that

the Commissioner might take some action pursuant to Article

XI(A)(1)(b) of the Basic Agreement which could negate rights of Play-

ers under the new Basic Agreement. While I have difficulty seeing that

this is a real problem, I am quite willing to assure the Association that

the Commissioner will take no such action.

Sincerely,

Robert D. Manfred

Commissioner of Baseball

ATTACHMENT 2

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

This letter is to confirm our agreement that when a Club assigns a

Player to the Minor Leagues by either an optional or outright assign-

ment, or designates a Player for assignment from the status of an

optioned Player, before Opening Day Rosters are due for that Club,

that Player shall not be credited with Major League Service for Open-

ing Day or during the period of designation. In addition, written notice

of the date and time that Opening Day Rosters for the following

championship season are due will be annually provided by the Com-

missioner’s Office to the Players Association on or before the March 1

preceding the applicable Opening Day.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

159

ATTACHMENT 3

Daniel R. Halem, Esquire

Chief Legal Officer

Major League Baseball

Office of the Commissioner

245 Park Avenue

New York, New York 10167

Dear Dan:

As we have agreed, in cases in which the Arbitration Panel decides that

an award including interest is appropriate, the interest rate to be applied

shall be as calculated under Article XV(K) of the Basic Agreement.

In addition, if a Player is credited with additional Major League Ser-

vice, due to any agreement or Panel award, for any year in which Arti-

cle XXIII Contributions are made (see Section 8.1(e) of the Major

League Baseball Players Benefit Plan), the Player will receive addi-

tional Article XXIII Contributions, if possible, based on that newly

credited service. Such contributions will be made even in the absence

of a specific direction in the agreement or award.

This letter shall not be admissible in an arbitration hearing for any pur-

pose other than the calculation of an appropriate interest rate, or the

allocation of a Player’s Article XXIII Contribution based on an award

or agreement crediting a Player with additional Major League Service

days.

Sincerely,

Tony C. Clark

Executive Director

Major League Baseball Players

Association

160

ATTACHMENT 4

Daniel Halem

Chief Legal Officer

Office of the Commissioner of

Major League Baseball

245 Park Avenue

New York, New York 10167

Re: Agent Regulations Information

Dear Dan:

This letter will confirm our agreement on the Parties’ information

sharing obligations with regard to certain investigations that may

arise under the Joint Drug Prevention and Treatment Program (the

“Program”) and/or the Major League Baseball Players Association’s

Regulations Governing Player Agents (the “Agent Regulations”).

1. Section 5(B)(21) of the Agent Regulations prohibits certified

agents from providing or assisting any player in obtaining any

substance that is banned under the Program, and also prohibits

any other conduct that could subject a player to discipline under

the Program. In the event of a Players Association investigation

into a potential violation of Section 5(B)(21), or fraudulent con-

duct meant to conceal a violation of Section 5(B)(21), the Com-

missioner’s Office and Players Association will meet to discuss

the results of the investigation promptly after the later of: (a) the

conclusion of the investigation; (b) the issuance of discipline to

the agent(s) in question; (c) the resolution of any appeal that

arises under the Agent Regulations; or (d) the resolution of any

related appeal that arises under the Program.

2. The information to be shared at a meeting conducted under Para-

graph 1 of this agreement shall include a recitation of the perti-

nent factual findings, if any. In addition, in the event an agent’s

certification is suspended or revoked as the result of an investi-

gation described in Paragraph 1 above, the Players Association

will provide an explanation of such disposition to the Commis-

sioner’s Office.

3. Any and all information shared during a meeting conducted

under this agreement, including the existence of the meeting

161

itself, will be treated as highly confidential under the Program

(herein “Confidential Information”). Confidential Information

may not be disclosed to anyone not in attendance at the meeting

absent written consent from the non-disclosing party. Disclosure

of non-public Confidential Information shall result in the imme-

diate termination of this Agreement.

4. A certified agent who has been indicted for criminal conduct

directly related to the performance of his or her job duties as an

agent shall be suspended from representing Players in matters

involving a Club until such charges have been resolved or such

suspension has been rescinded by an arbitrator on appeal under

the Agent Regulations.

5. The terms of this agreement and existence of the agreement

itself shall not be admissible in evidence or considered as prece-

dent in any matter or proceeding, except a proceeding to enforce

the agreement.

6. Nothing contained in this agreement shall be construed as a

waiver by the Players Association of its position that it is solely

responsible for the interpretation, administration and enforce-

ment of the Agent Regulations.

Very truly yours,

David M. Prouty

General Counsel

Major League Baseball

Players Association

162

ATTACHMENT 5

Standard Form of Diagnosis

(ebis System Generated From Choices)

To: Office of the Commissioner (Baseball Operations)

Player’s Name

Club

Position

10-Day DL 60-Day DL Transfer to 60-Day DL

Date of Injury Last Game Appearance

Initial Placement Date Recertification Date

Date of Examination

Earliest Reinstatement Date

Nature of Injury

Body Side Part of Body Injured

Body Part Detail

Diagnosis Description

Estimated Time for Recovery

Physician Name Physician Signature

Date

Club Official Name

Date

Club Official Signature

cc: Player

Players Association

163

Drop Down Choice

“Right or Left”

Drop Down Choice

“See Attached List”

Drop Down Choice “See Attached List”

Nature of Injury Data Table

The following table represents the drop down menu items in the Nature

of Injury data section of the Disabled List Placement screen. The three

columns of the table (Body Part, Body Part Detail, and Diagnosis

Description) reflect the data elements available in the respective drop

down lists provided in the interface. Depending on the user’s selection

of Body Part, the Body Part Detail and Diagnosis Description fields

are populated. The second chart represents the associated drop down

data elements available in the Ailment drop down list. Body Part Detail

and Diagnosis Description for each Body Part will be sorted alphabet-

ically in all drop-down lists that correspond to the data in the two fol-

lowing tables.

164

Body Part Body Part Detail Diagnosis Description

Head Skull Concussion

Cheekbone Post-concussion Syndrome

Eye TMJ

Nose Blister

Ear Bone Spur

Jaw Bruise

Other Contusion

Impingement

Infection

Inflammation

Laceration

Muscle Injury

Sprain

Strain

Stress Reaction

Tear

Tendonitis

Tendon Injury

Other

Neck Blister

Bone Spur

Bruise

Contusion

Impingement

Infection

165

Body Part Body Part Detail Diagnosis Description

Neck Inflammation

Laceration

Muscle Injury

Separation

Sprain

Strain

Stress Reaction

Tear

Tendonitis

Tendon Injury

Other

Shoulder Shoulder Blister

Labrum Blood Clot

Rotator Cuff Bone Spur

A/C Joint Bruise

Acromioclavicular Bursitis

Other Contusion

Dislocation

Fracture

Impingement Syndrome

Infection

Inflammation

Laceration

Muscle Injury

Nerve Injury

Separation

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

Tendon Injury

Other

Arm/Elbow Elbow Blister

Forearm Bone Spur

Triceps Bruise

Biceps Contusion

Other Dislocation

166

Body Part Body Part Detail Diagnosis Description

Arm/Elbow Fracture

Impingement

Infection

Inflammation

Laceration

Loose Bodies

Muscle Injury

Radial Nerve Injury

Ulnar Nerve Injury

Ulnar Collateral Lig. Injury

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

Tendon Injury

Other

Wrist/Hand/Fingers Wrist Navicular Fracture

Hand Hamate Fracture

Thumb TFCC Injury

Digit 2 Carpal Tunnel Syndrome

Digit 3 Blister

Digit 4 Bone Spur

Digit 5 Bruise

Other Contusion

Dislocation

Fracture

Impingement

Infection

Inflammation

Laceration

Ligament Injury

Muscle Injury

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

167

Body Part Body Part Detail Diagnosis Description

Wrist/Hand/Fingers Tendon Injury

Other

Chest/Back/Spine Back Disk Injury/Disease

Cervical Spine Sciatic Nerve Irritation

Thoracic Spine Stenosis

Chest Blister

Ribcage Facet Joint Problem

Oblique Muscle Bone Spur

Lumbar Spine Bruise

Sacrum Contusion

Other Fracture

Multiple Fractures

Impingement

Infection

Inflammation

Laceration

Ligament Sprain

Muscle Injury

Muscle Spasm

Muscle Strain

Nerve Injury

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

Tendon Injury

Other

Pelvis/Hips Pelvis Blister

Groin Bone Spur

Hip Bruise

Hernia Bursitis

Thigh Contusion

Abdomen Dislocation

Buttocks Fracture

Other Impingement

Infection

Inflammation

168

Body Part Body Part Detail Diagnosis Description

Pelvis/Hips SI Joint Injury

Laceration

Muscle Injury

Nerve Injury

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

Tendon Injury

Other

Upper Leg/Thighs Thigh Blister

Quadriceps Bone Spur

Hamstring Bruise

Femur Contusion

Other Dislocation

Fracture

Impingement

Infection

Inflammation

Laceration

Muscle Injury

Nerve Injury

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

Tendon Injury

Other

Lower Leg/Knee Knee Chondromalacia

Calf Lateral Meniscus Injury

Shin Ligament Injury

Patella Medial Collateral

Other Lateral Collateral

Anterior Cruciate

Posterior Cruciate

169

Body Part Body Part Detail Diagnosis Description

Lower Leg/Knee Medial Meniscus Injury

Patella Disease

Patella Dislocation

Plica

Blister

Bone Spur

Bruise

Bursitis

Articular Cartilage Injury

Compartment Syndrome

Contusion

Degenerative Arthritis

Dislocation

Fracture

Impingement

Infection

Inflammation

Laceration

Muscle Injury

Nerve Injury

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

Tendon Injury

Other

Ankle/Foot/Toes Ankle Heel Pain

Great Toe Plantar Fasciitis

Digit 2 Turf Toe

Digit 3 Blister

Digit 4

Digit 5 Bone Spur

Heel Bruise

Foot Bursitis

Achilles Tendon Contusion

Other Dislocation

Fracture

Multiple Fractures

170

Body Part Body Part Detail Diagnosis Description

Ankle/Foot/Toes Impingement

Infection

Inflammation

Laceration

Muscle Injury

Nerve Injury

Sprain

Strain

Stress Reaction

Surgery

Tear

Tendonitis

Tendon Injury

Other

Internal Organs Heart Inflammation

Kidney Aneurysm

Stomach Disease

Lungs Irregular Heartbeat

Other Stones

Hernia

Other

Ailment

Cancer

Glaucoma

Pneumonia

Appendectomy

Mumps

Chicken Pox

Measles

German Measles

Bell’s Palsy

Psychological or Psychiatric Disorder

Sleep Disorder

Viral Infection

Other

171

ATTACHMENT 6

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other

entities covered by GINA Title II from requesting or requiring genetic information of an indi-

vidual or family member of the individual, except as specifically allowed by this law. To com-

ply with this law, we are asking that you not provide any genetic information when respond-

ing to this request for medical information. “Genetic information,” as defined by GINA,

includes an individual’s family medical history, the results of an individual’s or family mem-

ber’s genetic tests, the fact that an individual or an individual’s family member sought or

received genetic services, and genetic information of a fetus carried by an individual or an

individual’s family member or an embryo lawfully held by an individual or family member

receiving assistive reproductive services.

La Ley en Contra de la Discriminación por Información Genética de 2008 (GINA, por sus

siglas en inglés) prohíbe a los empleadores y demás entidades cubiertas por el Título II de la

ley GINA que soliciten o exijan la información genética de una persona o de un familiar de la

persona, excepto en la medida en que específicamente lo permita esta ley. Para cumplir con

esta ley, le pedimos que no proporcione ninguna información genética al responder a esta

solicitud de información médica. La “información genética”, según la define la ley GINA,

incluye el historial médico familiar de la persona, los resultados de las pruebas genéticas de

la persona o de alguno de sus familiares, el hecho de que una persona o sus familiares

hayan procurado o recibido servicios genéticos así como la información genética de un feto

engendrado por la persona o por un familiar de la persona o de un embrión que, de acuerdo

a la ley, tenga una persona o un familiar que reciba servicios de ayuda reproductiva.

Name ______________________________________ Date __________________

Nombre Fecha

SS# ________________________________________ DOB ___________________ Age ________

Numero de su seguro social Fecha de nacimiento Edad

Don’t

Explain “yes” answers on line or below. YES NO Know

Explique las repuestas “sí” en esta línea o abajo.

(Si) (No Sabe)

1. Have you ever been a patient in the hospital?

(

¿Alguna vez ha sido paciente en un hospital?)

( ) ( ) ( )

2. Have you ever had surgery?

(¿Alguna vez ha tenido una operación?)

( ) ( ) ( )

Identify

(Identificar):

________________________________________ Date

(Fecha)

___________________

________________________________________ Date

(Fecha)

___________________

3. Are you taking medicine or pills? (Prescription or over-the-counter) ( ) ( )

¿Está tomando alguna medicina o pastillas? (Recetadas o sin receta)

Identify

(Identificar):

_______________________________________________________________

MAJOR LEAGUE BASEBALL

PLAYER MEDICAL HISTORY QUESTIONNAIRE

Béisbol de las Grandes Ligas

Cuestionario de Historial Médico del Jugador

( ) ( ) ( )

172

5. Do you have any allergies?

(¿Tiene alergia a?)

( ) ( ) ( )

( ) Medicines

(Medicinas)

Identify

(identifique)

: __________________________________________

( ) Insects

(Insectos)

Identify

(identifique)

__________________________________

( ) Other

(Otros)

_____________________________________________________

____________________________________________________

6. Have you ever passed out?

(¿Alguna vez se ha desmayado?)

( ) ( ) ( )

7. Have you ever passed out with exercise?

(¿Alguna vez se ha desmayado después del ejercicio?)

( ) ( )

8. Have you ever been dizzy during exercise?

(¿Alguna vez ha sentido mareos durante el ejercicio?)

( ) ( ) ( )

9. Have you ever been dizzy after exercise?

(¿Alguna vez ha sentido mareos después del ejercicio?)

( ) ( ) ( )

10. Do you tire more quickly than your friends with exercise? ( ) ( ) ( )

¿Se cansa más rápido haciendo ejercicio que sus amigos?

11. Do you ever have any chest pain with exercise? ( ) ( )

¿Alguna vez ha tenido dolor en el pecho durante el ejercicio?

12. Do you ever have any chest pain after exercise? ( ) ( )

¿Alguna vez ha tenido dolor en el pecho después del ejercicio?

13. Have you ever had high blood pressure? ( ) ( )

¿Alguna vez ha tenido alta presión sanguínea?

14. Have you ever been told you have a heart murmur? ( ) ( ) ( )

¿Alguna vez le han dicho que tiene un soplo en el corazón?

15. Have you had racing of your heart? ( ) ( )

¿Alguna vez ha tenido aceleración del los latidos del corazón?

Has your heart skipped beats? ( ) ( )

¿Alguna vez ha tenido latidos del corazón irregulares?

16. Have you ever had a head injury? ( ) ( )

¿Alguna vez tenido una herida en la cabeza?

Have you ever had a concussion? ( ) ( ) ( )

¿Alguna vez ha tenido una concusión?

Have you been knocked out? ( ) ( )

¿Alguna vez ha perdido el sentido?

17. Have you ever had a seizure? ( ) ( )

¿Alguna vez ha tenido un ataque o convulsión?

18. Do you have frequent or severe headaches? ( ) ( )

¿Tiene dolores de cabeza frecuentes o fuertes?

19. Have you ever had a stinger or burner? ( ) ( ) ( )

¿Alguna vez ha tenido una punzada o ardor?

Have you ever had a pinched nerve? ( ) ( )

¿Alguna vez ha tenido un nervio pinchado?

20. Have you had frequent heat cramps or muscle cramps? ( ) ( )

¿Ha tenido frecuentes rigideces por calor o calambres musculares?

21. Do you have any trouble breathing during or after exercise? ( ) ( )

¿Tiene problemas para respirar durante o después del ejercicio?

Do you have any coughing during or after exercise? ( ) ( )

¿Tiene problemas por tos durante o después del ejercicio?

Do you have any wheezing during or after exercise? ( ) ( )

¿Tiene problemas con jadeos durante o después del ejercicio?

Do you use or have you ever used an inhaler? ( ) ( )

¿Tiene o alguna vez ha usado un inhalador?

22. Do you have or have you ever had any problems with vision? ( ) ( )

¿Ha tenido, o tiene problemas con la vista?

23. Do you wear glasses? ( ) ( )

¿Usa espejuelos?

Do you wear contacts? ( ) ( )

¿Usa lentes de contacto?

Do you wear eye protection? ( ) ( )

¿Usa proteccion para los ojos?

Don’t

YES NO Know

(Si) (No Sabe)

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

( ) ( ) ( )

173

Don’t

YES NO Know

(Si) (No Sabe)

24. Do you have hearing difficulties? ( ) ( )

¿Tiene difficultad para oir?

Do you have hearing aides? ( ) ( )

¿Tiene aparatos de audífono?

25. Do you have or have you ever had any other medical problems?

¿Tiene ahora o ha tenido algún otro problema medico?

Diabetes

(Diabetes)

( ) ( ) ( )

Heart

(Corazon)

( ) ( ) ( )

Pneumonia

(Pulmonía)

( ) ( ) ( )

Tuberculosis

(Tubercolosis)

( ) ( ) ( )

Thyroid disease

(Enfermedades de la tiroides)

( ) ( ) ( )

Stomach ailments

(Dolencias del estómago)

( ) ( ) ( )

Kidney problems

(Enfermedades de los riñones)

( ) ( ) ( )

Appendicitis

(Apendicitis)

( ) ( ) ( )

Lumps or cysts

(Protuberancias o quistes)

( ) ( ) ( )

Frequent sinus infections

(Infecciones sinusales frecuentes)

( ) ( ) ( )

Frequent sore throats

(Dolores frecuentes de garganta)

( ) ( ) ( )

Rectal bleeding

(Hemorragias por el recto)

( ) ( ) ( )

Rheumatic fever

(Fiebre reumática)

( ) ( ) ( )

Asthma

(Asma)

( ) ( ) ( )

Other

(Otro

) ____________________________________________________

____________________________________________________

Have you ever had a broken bone or dislocation?

( ) ( ) ( )

¿Alguna vez se le ha quebrado o dislocado un hueso?

Identify

(identificar):

________________________________________ Date

(Fecha)

: ___________________

Identify

(identificar):

________________________________________ Date

(Fecha)

: ___________________

27. Do you have any skin problems? ( ) ( )

¿Tiene problemas de la piel?

( ) Itching

(comezón)

( ) Rashes

(ronchas)

( ) Changing moles

(lunares que cambien de color)

( ) Other

(otro)

______________________________________________________

_______________________________________________________

28. Have you had any complications from anesthesia

(being put to sleep for surgery)?

( ) ( ) ( )

¿Alguna vez ha tenido alguna complicacion bajo anestesia (cuando lo han puesto a dormir para alguna operacion)?

29. Are you missing any paired organs? ( ) ( )

¿Ha perdido algún organo de los que vienen en pares?

( ) Eyes

(ojos)

( ) Kidneys

(riñones)

( ) Testicles

(testículos)

( ) Other

(otro)

________________________________________________________

30. Have you ever had a hernia or hernia repair? ( ) ( ) ( )

¿Alguna vez tenido hernia o le han reparado una hernia?

31. Have you ever had a sexually transmitted disease? ( ) ( ) ( )

¿Alguna vez ha tenido alguna enfermedad transmitida sexualmente?

23.

24.

25.

26.

27.

28.

29.

30.

( ) ( ) ( )

174

Don’t

YES NO Know

(Si) (No Sabe)

32. Do you use tobacco products?

(¿Utiliza productos del tabaco?)

( ) ( )

( ) Cigarettes

(cigarrillos)

( ) Cigars

(habanos o puros)

( ) Chew smokeless tobacco or dip

(mastica tabaco)

33. Do you drink alcohol? ( ) ( )

¿Toma alcohol?

34. Do you have or have you ever had?

¿Tiene o alguna vez ha tenido?

Cancer

(Cáncer)

( ) ( ) ( )

Skin Cancer

(Cáncer de la piel)

( ) ( ) ( )

Chicken pox

(Varicela)

( ) ( ) ( )

Hepatitis

(Hepatitis)

( ) ( ) ( )

Measles

(Viruela)

( ) ( ) ( )

Mumps

(Paperas)

( ) ( ) ( )

Mononucleosis

(Mononucleosis)

( ) ( ) ( )

35. When was your last?

(¿Cuándo fue su última?):

Tetanus shot

(inmunización contra el tétano)

Date

(fecha)

_________ ( )

Measles shot

(inmunización contra el sarampión)

Date

(fecha)

_________ ( )

MMR shot

(inmunización contra las paperas, sarampión y rubeola)

Date

(

fecha) ____________

( )

Chicken Pox vaccine

(inmunización contra la varicela)

Date

(

fecha) ____________

( )

Hepatitis A vaccine

(la vacuna para la hepatitis A)

Date

(

fecha) ____________

( )

Hepatitis B vaccine

(la vacuna para la hepatitis B)

Date

(

fecha) ____________

( )

Polio vaccine

(la vacuna para la poliomelitis)

Date

(

fecha) ____________

( )

Dental:

36. Have you visited a dentist in the last year? ( ) ( )

¿Ha ido con el dentista durante el ultimo año?

37. Do you have problems chewing your food? ( ) ( )

¿Tiene problemas para masticar sus alimentos?

38. Have you been told or do you feel you have gum (periodontal) problems? ( ) ( )

¿Alguna vez le han dicho o siente usted que tiene problemas de las encías (periodoncia)?

39. Do your gums bleed easily? ( ) ( )

¿Le sangran las encias con facilidad?

40. Do you have pain or clicking in your jaw joint when chewing? ( ) ( )

¿Tiene dolor o ruido en la articulación de la mandíbula al masticar?

41. Do you grind your teeth? ( ) ( ) ( )

¿Rechina los dientes?

Explain “yes” answers here

(Explique aquí las respuestas “sí”):

___________________________________________________________________________________

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

Waiver section

Player represents that all information provided by him in this report is correct to the best of his

knowledge.

El jugador afirma que toda la información que proporcionó en este reporte es correcta hasta

donde él sabe.

Player’s signature

(Firma del jugador): ______________________________________________

Date

(Fecha): _____________________________

( ) ( ) ( )

175

Initial Orthopedic History Examination

Examen Inicial de Historial Ortopédico

Organization

(Organización):

______________________________

Name

(Nombre):

_______________________ Date of Birth

(Fecha de Nac.):

_______________

Position: ______ Bats: ____ Throws: ____ Date of exam: _______________

(Posición) (Al) bat (Lanzamientos) (Fecha del examen)

1. Have you ever had surgery? Yes

(Sí)

______ No ______

¿Alguna vez ha tenido una operación?

Type of Operation

Date Hospital / City Physician

(Tipo de Operación) (Fecha) (Hospital / Ciudad) (Médico)

2. If yes to question number one, what was the length of time from surgery until you reached your

pre-injury competitive level?

Si contestó “sí” a la pregunta uno, ¿cuánto tiempo transcurrió desde el momento de la operación hasta que volvió a

llegar a su nivel competitvo anterior a la operación?

3. Have you ever had an MRI, CT scan, bone scan or arthrogram? Yes

(Si)

______ No ______

¿Alguna vez tuvo un examen de imagen de resonancia magnética, tomografía, escáner de los huesos o artrograma?

Test

Date Reason

(Prueba) (Fecha) (Razón)

4. List any injuries, symptoms or illnesses that have ever caused you to miss playing time:

Enumere todas las lesiones, síntomas o enfermedades que le hayan causado perder tiempo de juego:

176

5. List any treatments (therapy, injections, chiropractic care, medications, etc.) that you have had for any

injuries, symptoms or illnesses:

Enumere todos los tratamientos (terapia, inyecciones, atención quiropráctica, medicamentos, etc.) que haya tenido a causa de

lesiones, síntomas o enfermedades:

6. Are you presently free of all symptoms, injury, illness or discomfort?

¿Está totalmente libre en este momento de cualquier síntoma, lesión, enfermedad o molestia?

Yes

(Si)

______ No ______

If “no,” please explain:

De ser “no,” favor de explicar:

7. Are you currently physically able to perform all of the duties required in Professional Baseball?

¿Es capaz físicamente en este momento de desempeñar todos los deberes que se requieren en el béisbol profesional?

Yes

(Si)

______ No ______

If “no,” please explain:

De ser “no,” favor de explicar:

WAIVER SECTION

Player represents that all information provided by him in this report is correct to the

best of his knowledge.

El jugador afirma que toda la información que proporcionó en este reporte es correcta hasta

donde él sabe.

Player’s signature

(Firma del jugador):

__________________________________

Date

(Fecha): ____

____________________

177

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

Have you ever had any of the following?

guna vez

a ten

o a

guna

as s

entes

enc

Select all that apply (Seleccione todas las que se apliquen):

Yes

(Si)

Currently

(Ahora)

Past Year

(Último Año)

Past 5 Years

(Últ. 5 años)

Pre-Puberty

(Pre-Pubertad)

NECK – Cervical Spine (CUELLO – Espina cervical)

Fracture (Fractura)

Facet Joint Problem (Probl. en la articulación de la carilla)

Stenosis (Estenosis)

Disk injury / Disease (Lesión/ Enferm. del disco)

Nerve Injury (Lesión del nervio)

Muscle Strain (Distensión muscular)

Muscle Spasm (Espasmo muscula)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

UPPER BACK – Thoracic Spine (Espalda Alta – Espina toráxica)

Fracture (Fractura)

Facet Joint Problem (Probl. en la articulación de la carilla)

Stenosis (Estenosis)

Disk injury / Disease (Lesión/ Enferm. del disco)

Nerve Injury (Lesión del nervio)

Muscle Strain (Distensión muscular)

Muscle Spasm (Espasmo muscular)

Epidural Injection (Inyección epidural)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

178

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

Yes

(Si)

Currently

(Ahora)

Past Year

(Último Año)

Past 5 Years

(Últ. 5 años)

Pre-Puberty

(

Pre-Pubertad

)

LOWER BACK – Lumbar Spine (Espina Dorsal Baja – Area Lumbar)

Fracture (Fractura)

Facet Joint Problem (Probl. en la articulación de la carilla)

Stenosis (Estenosis)

Spinal Fusion (Fusión de la espina)

Scoliosis (Escoliosis)

Disk injury / Disease (Lesión/ Enferm. del disco)

Nerve Injury (Lesión del nervio)

Sciatic Nerve Injury (Lesión del nervio ciático)

Muscle Strain (Distensión muscular)

Muscle Spasm (Espasmo muscular)

Epidural Injection (Inyección epidural)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

SACRUM (Sacro)

Fracture (Fractura)

Contusion (Contusión)

Other (Otro):

Identify (Identifique):

179

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

SHOULDER (Hombro)

Yes

(Si)

Currently

(Ahora)

Past Year

(Último Año)

Past 5 Years

(Últ. 5 años)

Pre-Puberty

(Pre-Pubertad)

Right (Der.)

Left (Izq.)

Dominance (Dominancia)

Fracture (Fractura)

Separation (Separación)

Dislocation (Dislocación)

Subluxation (Subluxación)

Labrum Injury (Lesión del borde)

Bicep Tendon Injury (Lesión del tendón del bíceps)

Rotator Cuff Tendonitis (Tendonitis del manguillo rotador)

Rotator Cuff Tear (Desgarre del manguillo rotador)

Impingement Syndrome (Síndrome de compresión)

Bursitis (Bursitis)

Nerve Injury (Lesión del nervio)

Injection (Inyección)

Surgery (Cirugía)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

UPPER ARM (Parte superior del brazo)

Fracture (Fractura)

Calcium Deposits (Depósitos de calcio)

Other (Otro):

Identify (Identifique):

ELBOW (Codo)

Fracture (Fractura)

Dislocation (Dislocación)

Bone Spurs (Protuberancias óseas)

Loose Bodies (Fragmentos sueltos)

Inflammation (Inflamación)

Radial Nerve Injury (Lesión del nervio radial)

Ulnar Nerve (Lesión del nervio ulnar)

Ulnar Coll. Lig. Injury (Lesión del ligamento coll. Ulnar)

Muscle Injury (Lesión muscular)

Flexion Contracture (Contracción de flexión)

180

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

ELBOW (cont'd) Codo (sigue)

Yes

(Si)

Currently

(Ahora)

Past Year

(Último Año)

Past 5 Years

(Últ. 5 años)

Pre-Puberty

(Pre-Pubertad)

Right (Der.)

Left (Izq.)

Injection (Inyección)

Surgery (Cirugía)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

LOWER ARM, HAND & WRIST (Parte baja del brazo, mano, muñeca)

Fracture (Fractura)

Fracture Navicular (Fractura navicular)

Nerve Injury (Lesión del nervio)

Ligament Injury-Sprain (Lesión-Distensión del ligamento)

Muscle Injury-Sprain (Lesión-Distensión del músculo)

Carpal Tunnel Syndrome (Síndrome del túnel carpiano)

Ganglions (Ganglios)

Injection (Inyección)

Surgery (Cirugía)

Undiagnosed (Pain Dolor sin diagnóstico)

Identify Symptoms (dentifique los síntomas):

TFCC Injury (Lesión TFCC)

Hamate Fracture (Fractura de hueso en gancho)

Other (Otro):

Identify (Identifique):

PELVIS & HIPS (Pelvis y caderas)

Fracture (Fractura)

Pubis Inflammation (Inflamación del pubis)

Hip Pointers (Huesos en punta de las caderas)

Groin Muscle Strain (Distensión muscular de la ingle)

Ilioposas Restriction (Restricción muscular iliopsoa0

Injections (Inyecciones)

Surgery (Cirugía)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

181

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

THIGHS (Muslos)

Yes

(Si)

Currently

(Ahora)

Past Year

(Último Año)

Past 5 Years

(Últ. 5 años)

Pre-Puberty

(Pre-Pubertad)

Right (Der.)

Left (Izq.)

Restricted ROM Hamstrings (Restric. ROM de tendones de corva)

Restricted ROM Quadriceps (Restric. ROM de cuadríceps)

Hamstring Strain (Distensión del tendón de la corva)

Quadriceps Strain (Distensión del cuadríceps)

Multiple Quadricep Strain (Distensión múltiple del cuadríceps)

Multiple Hamstring Strain (Distensión múlt. del tendón de corva)

Ruptured Hamstring (Rotura del tendón de la corva)

Calcium Deposits (Depósitos de calcio)

Injections (Inyecciones)

Iliotibial Band Injury (Lesión de la banda iliotibial)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

KNEE (Rodilla)

Fracture (Fractura)

Patella Disease (Enfermedad de la rótula)

Patella Dislocation (Dislocación de la rótula)

Ligament Injury (Lesión del ligamento)

Medical Collateral (Colateral médico)

Laterial Collateral (Colateral lateral)

Anterior Cruciate (Cruciforme anterior)

Posterior Cruciate (Cruciforme posterior)

Medial Meniscus Injury (Lesión media de los meniscos)

Lateral Meniscus Injury (Lesión lateral de los meniscos)

Plica (Plica)

Bone Spurs (Protuberancias óseas)

Unexplained Swelling (Inflamación sin explicación)

Unexplained Giving Way (Falseos sin explicación)

Injection (Inyección)

Medial Collateral (Colateral media)

Lateral Collateral (Colateral lateral)

182

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

KNEE (cont'd) Rodilla (sigue)

Yes

(Si)

Currently

(Ahora)

Past Year

(Último Año)

Past 5 Years

(Últ. 5 años)

Pre-Puberty

(Pre-Pubertad)

Right (Der.)

Surgery (Cirugía):

Anterior Cruciate Ligament (Ligamento anterior cruciforme)

Meniscus (Meniscos)

Patellofemoral (Patelofemoral)

Multiple Surgeries (Cirugías múltiples)

Articular Cartilage Injury

Other (Otro):

Identify (Identifique):

LOWER LEG (Parte inferior de la pierna)

Fracture (Fractura)

Calcium Deposits (Depósitos de calcio)

Muscle Injury (Lesión muscular)

Compartment Syndrome (Síndrome compartamental)

Infection (Infección)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

ANKLE (Tobillo)

Fracture (Fractura)

Multiple Fractures (Fracturas múltiples)

Disclocation (Dislocación Lesión del nervio)

Nerve Injury (Lesión del nervio)

Muscle Injury (Lesión muscular)

Achilles Tendon Injury (Lesión del tendón de Aquiles)

Ligament Injury-Sprain (Lesión/Distensión del ligamento)

Multi. Lig. Injury-Sprain (Lesión/Dist. de ligamentos múlt.)

High Ankle Sprain (Distensión en parte alta del tobillo)

Injection (Inyección)

Surgery (Cirugía)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

183

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

FEET & TOES (Pies y dedos de los pies)

Yes

(Si)

Currently

(Ahora)

Past Year

(Último Año)

Past 5 Years

(Últ. 5 años)

Pre-Puberty

(Pre-Pubertad)

Right (Der.)

Left (Izq.)

Fracture (Fractura)

Multi. Fractures (Fracturas múltiples)

Dislocation (Dislocación)

Heel Pain (Dolor en el talón)

Plantar Fasciitis (Fascitis de la planta)

Mid. Foot Injury (Lesión parte media del pie)

Fore Foot Injury (Lesión parte delantera del pie)

Turf Toe (Lastimadura de los dedos del pie)

Nerve Injury (Lesión del nervio)

Infection (Infección)

Injection (Inyección)

Surgery (Cirugía)

Undiagnosed Pain (Dolor sin diagnóstico)

Identify Symptoms (Identifique los síntomas):

Other (Otro):

Identify (Identifique):

184

FINGERS & THUMB (

DEDOS Y PULGAR)

Yes (Si)

Currently (Ahora)

Past Year (Último Año)

Past 5 Years (Últ. 5 años)

Pre-Puberty

(Pre-Pubertad)

Right (Der.)

Left (Izq.)

Fracture (Fractura) T 2 3 4 5

Dislocation (Dislocación) T 2 3 4 5

Ligament Injuries (Lesiones en ligamentos) T 2 3 4 5

Thumb UCL Injury (Lesión carpiana del pulgar) Right (Der.) Left (Izq.)

Infections (Infecciones) T 2 3 4 5

Surgery (Cirugía) T 2 3 4 5

Undiagnosed Pain (Dolor sin diagnóstico) T 2 3 4 5

Injections (Inyecciones) T 2 3 4 5

Other (Otras): T 2 345

Identify (Identifique):

Orthopedic Ailments Checklist

Lista de Verificación de Dolencias Ortopédicas

185

ATTACHMENT 7

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Charitable Contributions

Dear David:

I am writing to confirm certain understandings we have reached with

respect to special covenants in the Uniform Player’s Contract (“UPC”)

that provide for player contributions to charities that are affiliated with

the Club.

Players and Clubs may only include special covenants in UPCs exe-

cuted after the date of this Agreement that require a Player to make a

contribution to a Club’s charitable foundation or charity if each of the

following criteria is met:

1. The UPC is for a Player who has Major League service at or

above the threshold for obtaining arbitration eligibility under Arti-

cle VI(E) in the prior season;

2. The UPC is “guaranteed” and covers more than one season, not

including any option years;

3. The special covenant provides for a maximum annual charitable

contribution of 1% of the Player’s annual salary or such other

amount up to a maximum aggregate contribution over the term of

the contract of 1% of the player’s total guaranteed salary;

4. The special covenant provides the Player with the option of fund-

ing the contribution to the charitable foundation through a payroll

deduction, personal check, or some other mutually acceptable

payment method;

5. The special covenant provides that 50% of the annual Player con-

tribution be directed to the Club’s charitable foundation for use at

the foundation’s discretion, and that the other 50% be directed to

the Club’s charitable foundation for distribution to charities to be

mutually agreed upon by the Player and the Club, with the under-

186

standing that the majority of the latter contribution will be allo-

cated to charities within the metropolitan area of the Club absent

an agreement otherwise;

6. The special covenant, including any obligation on behalf of the

Player to make a charitable contribution that has not yet accrued,

will have no force and effect if the Player’s UPC is assigned to

another Major League Club or if the Player is unconditionally

released; and

7. The charitable contribution special covenant(s) was negotiated on

an individual basis and is not part of an across-the-board Club or

Commissioner’s Office policy requiring all eligible players to

make charitable contributions.

A special covenant providing for a charitable contribution may be con-

sidered by the Arbitration Panel in any grievance involving a determi-

nation of whether a Player has complied with his obligations under

paragraph 3(b) of his UPC.

A Club will supply to any player who has made, or is scheduled to

make, a contractually-required charitable contribution to a Club-spon-

sored foundation or charity, an annual accounting of the uses of his

contributions and the most recent audit report for the foundation or

charity.

With respect to any Major League contracts that contain a charitable

contribution provision and were signed prior to the effective date of the

new Basic Agreement, the terms of the January 15, 2010 settlement

agreement shall continue to govern.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

187

ATTACHMENT 8

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

The Players Association has consistently maintained that a centralized

effort by the Office of the Commissioner and/or the Clubs to reduce the

number of Major League Clubs is a mandatory subject of bargaining

under the National Labor Relations Act (“NLRA”). The Clubs, on the

other hand, have consistently taken the position that such action is a

permissive subject of bargaining under the NLRA. Without resolving

this difference of opinion, the Parties have reached certain agreements

on this topic during the negotiations over a successor Basic Agree-

ment. Those agreements are reflected in Article XV(H) (Future Con-

traction) of the new Basic Agreement. The Parties agree, by this letter,

that their agreement on this topic and the bargaining that preceded it

shall not be used by either party as evidence that the topic is or is not

a mandatory subject of bargaining in any subsequent litigation, includ-

ing any grievance or NLRB proceeding.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

ATTACHMENT 9

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Central

Tender Letter

Dear Tony:

Pursuant to Article XX(A) of the Basic Agreement and paragraph 10(a)

of the Uniform Player’s Contract (“UPC”), the Clubs hereby tender

contracts to the following players for the term of the next year as

follows:

CLUB

Player Name Salary For Major Performance Salary For Minor Other

League Service Bonuses League Service

[See Exhibit 1 hereto]

Accordingly, the following players have not been tendered contracts

for the term of the next year:

CLUB

Player Name

[See Exhibit 2 hereto]

Finally, Exhibit 3 provides the addresses of the Players who were pro-

moted to a Major League roster for the first time this November and of

those Players who, according to our records, do not have a certified

Player Agent.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

188

189

ATTACHMENT 10

This will set forth the understanding of the Parties regarding the last

paragraph of Article XX(A) of the Basic Agreement and, specifically,

the exercise of free agency rights by Players on the Restricted, Sus-

pended, Disqualified, Ineligible, Voluntarily Retired or Military Lists:

1. A Player who properly has been placed on the Restricted List,

or who properly has been placed on the Disqualified List for fail-

ure to render his services to his Club, shall be eligible to become a

free agent as provided in Article XX, if otherwise qualified as set

forth therein. Upon becoming a free agent, such Player shall auto-

matically be removed from the Restricted or Disqualified List and

reinstated to active status. Notwithstanding the foregoing, a Player

who properly has been placed on the Restricted List for a violation

of the Joint Drug Program or Joint Domestic Violence, Sexual

Assault and Child Abuse Policy shall be eligible to become a free

agent as provided in Article XX, if otherwise qualified as set forth

therein, but shall remain on the Restricted List until he completes

his suspension.

2. A Player who properly has been placed on the Disqualified

List for a reason other than that stated in paragraph 1 above, or who

properly has been placed on the Suspended, Ineligible, Voluntarily

Retired or Military List, shall also be eligible to become a free agent

as provided in Article XX, but he shall not be eligible to sign or play

with a new Club until removed from such List and reinstated to

active status.

ATTACHMENT 11

This will set forth the understanding of the Parties regarding Article

XX(A) of the Basic Agreement and, specifically, the obligations of

Clubs to tender Contracts to and renew Major League Contracts of

Players on the Restricted, Suspended, Disqualified, Ineligible, Volun-

tarily Retired or Military Lists:

1. The Clubs’ obligations to tender and renew Contracts, as set

forth in paragraph 10(a) of the Uniform Player’s Contract, shall

apply with regard to any Player who, at the applicable time, is on a

Restricted List, or is on a Disqualified List for failure to render his

services to his Club. Should a Club fail to so tender or renew a Con-

tract, the Player shall become a free agent without any restrictions

or qualifications, and he automatically shall be removed from the

Restricted or Disqualified List. Notwithstanding the foregoing, a

Player who properly has been placed on the Restricted List for a

violation of the Joint Drug Program or Joint Domestic Violence,

Sexual Assault and Child Abuse Policy shall be eligible to become

a free agent as provided in Article XX, if otherwise qualified as set

forth therein, but shall remain on the Restricted List until he com-

pletes his suspension.

2. With regard to any Player who is on the Disqualified List for

a reason other than that stated in paragraph 1 above, or is on the Sus-

pended, Ineligible, Voluntarily Retired or Military List, the Club

shall not be obligated to tender or renew a Contract until the Player

is removed from such List and reinstated to active status. If a Player

is removed from such List during a period beginning 10 days prior

to the tender date set forth in Article XX(A) and extending through

the next championship season, the Club shall tender a Contract to

him within 10 days following such removal. Thereafter, should the

Club and the Player fail to agree upon the terms of a new Contract

within 10 days after the Player’s receipt of the tendered contract, the

Club shall be obligated, within the next 5 days, to renew the Player’s

prior Major League Contract; provided, however, that if the tender

is made during the period beginning 10 days prior to the tender date

set forth in Article XX(A) and ending on the next March 1, the

renewal period shall be as set forth in paragraph 10(a) of the Uni-

form Player’s Contract. Should a Club fail to tender or renew a Con-

tract as provided in this paragraph, the Player shall become a free

agent without any restrictions or qualifications.

190

191

ATTACHMENT 12

This will set forth the understanding of the Parties regarding Article

XX(A), of the Basic Agreement:

With respect to a Minor League Player with no existing Major League

Contract, whose Minor League contract has been assigned to a Major

League Club, it is understood that the placing of such a Player on the

Major League Club’s Active Reserve List (40-man Roster) and the ten-

dering to such a Player of a Major League Contract without the neces-

sity of renewing the Minor League contract will provide the Major

League Club with reservation rights to such a Player. Thus, such a

Player will not become a free agent under Article XX(A)(2)(d), which

provides that a Player will become a free agent if his Club fails to exer-

cise its contract renewal rights, there being no prior Major League

Contract to renew.

192

ATTACHMENT 13

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Information Bank

Dear Tony:

This is to confirm our understanding that during the term of this Agree-

ment the Clubs will not operate an Information Bank with respect to

free agents.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

193

ATTACHMENT 14

CONFIDENTIALITY AGREEMENT

WHEREAS, the Major League Baseball Players Association (“the Asso-

ciation”) and the 30 Major League Clubs (“the Clubs”) have agreed

that certain financial information in the possession of the Clubs is rel-

evant to compliance with the Basic Agreement; and

HEREAS, the Association and the Clubs have previously been Parties

to Confidentiality Agreements under which the Association has gener-

ally restricted access to Documents (as defined below in paragraph 1)

only to individuals involved in particular projects (such as the litiga-

tion of the collusion cases and the 1985, 1990, 1994-1997, 2002, 2006,

2011, and 2016 collective bargaining negotiations);

Now, T

HEREFORE, the Clubs and the Association hereby agree as

follows:

1. Any documents pertaining to Club finances provided by the

Clubs in whatever form (including electronic records) to the Asso-

ciation pursuant to the new Basic Agreement, including actual and

projected revenue and expense data for individual Clubs, Club

financial questionnaires and individual Club financial statements,

industry consolidations of data (including the combined Financial

Information Questionnaire), copies of the new national network,

cable and radio agreements, and estimated interim or final revenue

sharing net payments and net receipts, will be referred to as “Docu-

ments” or “the Documents.” All notes, studies, analyses and other

internal work product prepared by or for the Association, based in

whole or in part on the Documents, will be referred to as “the Work

Product.”

2. The Association acknowledges that the Clubs consider the

Work Product to have elements of confidentiality about it. Accord-

ingly, the Association will act reasonably and responsibly and with

due regard for the privacy interests of the Clubs in making reports

or communicating with its membership and the public regarding the

Work Product.

3. The Documents will be deemed to be confidential subject to

the provisions of this Agreement, and the Association shall take

steps to protect the Documents in the same manner as the docu-

194

ments received under prior Confidentiality Agreements or stipula-

tions between the Parties.

4. The Documents will be used solely for the purpose of deter-

mining compliance with the new Basic Agreement and not for any

other purpose whatsoever, including but not limited to any individ-

ual Player contract negotiations and in connection with any griev-

ance not involving compliance with Article XXIV of the new Basic

Agreement.

5. The Documents may be disclosed only to the following

persons:

(a) outside attorneys retained in connection with determining

compliance with the new Basic Agreement and their associated

lawyers, legal assistants, secretarial and clerical personnel who

are engaged in assisting them;

(b) the Association staff;

accountants and their clerical assistants who are engaged in

assisting the Association in connection with determining compli-

ance with the new Basic Agreement; and

(d) individual Players and their agents, to the extent deemed

necessary by the Association, in connection with its role as the

collective bargaining representative.

6. The Association will establish appropriate procedures to

maintain orderly control over the Documents when in use by the

Association staff, outside attorneys, outside experts and individual

Players and their agents. The Association will only give photocopies

of the Documents to those described in paragraph 5 above to the

extent necessary for the purpose of determining compliance with the

new Basic Agreement and will maintain a record of any such pho-

tocopies. Any person described in paragraph 5 above who receives

from the Association photocopies of any of the Documents will exe-

cute an Acknowledgment, a copy of which is attached as Exhibit 1.

7. The Documents and all photocopies thereof shall be returned

to the Clubs within 30 days after a successor Basic Agreement to the

new Basic Agreement is executed by the Clubs and the Association,

195

along with a written representation that no copies have been

retained. The Association shall be entitled to retain all Work

Product.

MAJOR LEAGUE BASEBALL OFFICE OF THE COMMISSIONER

PLAYERS ASSOCIATION

By:

Tony C. Clark Daniel R. Halem

Date:

196

EXHIBIT 1

ACKNOWLEDGMENT

The Major League Baseball Players Association and the Major League

Clubs have agreed that information such as that enclosed herewith is

to be considered confidential, consistent with the Confidentiality

Agreement executed by them, and shall be used solely for the purpose

of determining compliance with the new Basic Agreement and not for

any other purpose whatsoever. A copy of the Confidentiality Agree-

ment is also enclosed herewith.

The undersigned hereby acknowledges that he/she has read the Confi-

dentiality Agreement and agrees to be bound by these confidentiality

provisions.

Date:

197

ATTACHMENT 15

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

The purpose of this letter is to confirm the following understandings:

1. Post-Season Reporting

. During the period between the end of

the championship season and the conclusion of a Club’s participa-

tion in the post-season, players on the 40-man roster of that Club

or players whose existing Major League contracts were assigned

outright from a Major League roster may be directed by the Club

to work out at the Club’s Spring Training facility, in the Club’s

home city, on the road with the Club, or may voluntarily agree to

work out at one or more of these locations with the consent of the

Club, provided such players are potentially eligible to participate

in the post-season under Major League Rule 40(a) and were not

included on the relevant post-season roster. Such players shall

receive first-class jet air and hotel accommodations in accordance

with Article VII(A)(1), the applicable in-season meal and tip

allowance under Article VII(B), and, if at the Club’s Spring Train-

ing facility, reimbursement for the cost of a mid-size rental car in

accordance with Article VII(F)(7), provided they do not have a

personal residence in the metropolitan area of the city to which

they have reported for workouts.

2. Of

f-Season Reporting. Any Player who agrees to spend all or

part of the Major League or Minor League off-season at their

Club’s Spring Training facility for any reason shall receive first-

class jet air transportation and hotel accommodations in accor-

dance with Article VII(A)(1), the applicable in-season meal and

tip allowance under Article VII(B), and reimbursement for the

cost of a mid-size rental car in accordance with Article VII(F)(7),

198

provided such Player does not have a personal residence in the

metropolitan area of the Spring Training facility.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

199

ATTACHMENT 16

Rick Shapiro, Esquire

Senior Advisor

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Home Run Derby

Dear Rick:

This letter confirms the Parties’ understandings regarding the Home

Run Derby.

1. Participants. There shall be eight (8) participants in the Home

Run Derby. Participation shall be voluntary. The participants shall be

selected by the Office of the Commissioner, in consultation with the

Players Association based on the following criteria:

A. current season home run leaders;

B. prior success in the Home Run Derby;

C. the location of the game;

D. whether the player has been, or is likely to be, selected as an

All-Star;

E. the player’s home run totals in prior seasons;

F. recent milestone achievements by the player;

G. the player’s popularity;

H. League representation; and

I. the number of Clubs represented by the proposed players.

The Office of the Commissioner shall provide a list to the Players Asso-

ciation of the eight players that it desires to participate in the Home Run

Derby. After making any adjustments to the list based on input received

from the Players Association, the Office of the Commissioner shall

request that the Players Association extend invitations to the eight play-

ers on the list. If any of the eight players declines to participate in the

Home Run Derby, or if one or more of the selected players cannot par-

ticipate due to injury, the Office of the Commissioner shall provide to

the Players Association the names of additional players to be invited.

The Players Association shall promptly report to the Office of the Com-

missioner whether the players who have been invited have accepted the

invitation. The Parties shall agree on a schedule by which all eight par-

ticipants in the Home Run Derby shall be selected and announced.

2. Single-Elimination Bracket Format. As illustrated below, the

Home Run Derby shall be conducted in a single-elimination tourna-

ment in which the loser of each bracket is immediately eliminated from

winning. Brackets in the first round shall be seeded by the Office of the

Commissioner, in consultation with the Players Association, taking

into consideration the following factors: (i) the player's performance in

the prior season's Home Run Derby; (ii) the player's current season

home run total; (iii) whether the player is a member of the Club host-

ing the All-Star Game; (iv) All-Star votes received in the current sea-

son; and (v) any other appropriate factor as determined by the Parties.

Whenever possible, teammates will be seeded to avoid hitting against

each other in the first round of the tournament. The player with the

higher seed in any given bracket shall have the option of hitting first or

second in that round.

3. Scoring/Advancement

A. Home Runs. Home runs shall be counted toward a batter’s

total score, and any swings or hits that result in anything other than a

home run shall not be counted.

200

201

B. Advancement/Winning. The batter with the most home

runs in each bracket shall eliminate his opponent and advance to the next

round (or win the tournament, if in the third round).

C. Tie-Breakers. Ties in any round shall be broken by a

straight 60-second swing-off (with no stoppage of time or additional

time added). If the batters remain tied after the 60-second swing-off,

the batters shall engage in successive three-swing swing-offs until

there is a winner.

D. Second Batter Advancement. Once the second batter in

any bracket hits one more home run than the first batter in that bracket,

the second batter shall be declared the winner of that bracket and shall

not attempt to hit any additional home runs.

4. Timers

A. 4:00 Regulation Period. Each batter shall have 4:00 min-

utes to hit as many home runs as possible within that period. Timers

will be placed in appropriate places on and off the field, with certain

timers clearly visible to the batter.

B. Release of Pitch. The timer will count down from 4:00

minutes beginning with the release of the first pitch.

C. Ending the Round. A round will end when the timer

strikes zero. A home run shall count provided the pitch was released

before the timer strikes zero.

D. Successive Pitches. A pitcher cannot throw a pitch until a

batted ball has hit the ground, was caught or left the field of play in

foul territory. After a ball has been hit, the lead official will raise his

right hand in the air to signify to the pitcher that he may throw the next

pitch to the batter.

E. Time Outs. Each batter in the first two rounds shall have

the right to call one “time out” per round. Batters in the final round

shall have the right to call two “time outs” in that round. A batter shall

call a “time out” by raising his hand above his head or verbally

requesting a time out from the official. The time out shall commence

when the official signals the timer operator to stop the timer, and shall

last 45 seconds (the second “time out” in the final round shall last 30

seconds). The official shall direct the batter to enter the batter’s box at

the end of the time out, and the timer shall commence when the pitcher

releases the next pitch.

202

F. Bonus Period. In a given round, a batter will be awarded

thirty seconds of bonus time if he hits at least two home runs that each

equal or exceed 440 feet in that round. All distances will be measured

using MLBAM’s Statcast system. If Statcast is unable to record the

distance of a home run, a batter only will be given credit for the home

run for purposes of this bonus provision if there is no doubt that the

home run landed at least 440 feet from home plate based on alternative

methods of estimating the distance. Following the Regulation Period,

there shall be a break of up to one minute (depending on the preference

of the batter) before the commencement of the Bonus Period. The

timer will count down commencing with the release of the first pitch

in the Bonus Period.

5. Pitchers & Officiating

A. Pitchers. Each participant shall have the right to select his

own pitcher.

B. Official Scorer. The Office of the Commissioner will

select an individual to serve as the Official Scorer of the event. The

Official Scorer will make the final determination regarding any issue

with respect to scoring, home run distance, timers, and any other issue

that arises during the event.

C. Lead Official. The Office of the Commissioner will select

one individual to serve as the lead official on the field. The Lead Offi-

cial will notify the pitcher when he may pitch to the batter, and enforce

the appropriate time periods. The Lead Official will communicate with

the Official Scorer and timer operators by headset.

6. Prizes. On or before July 31 following each Home Run Derby

the Office of the Commissioner shall provide $525,000 in bonuses

(less any applicable taxes or withholdings) to the participants in the

following amounts:

* Tiebreaker: comparison of each player’s next longest home runs until

tie is broken.

203

7. Bats. Players may use bats in colors or with designs not other-

wise permitted under Major League Baseball’s Bat Regulations, pro-

vided that:

A. the bat meets all other requirements of a bat approved for use

in Professional Play (e.g., its dimensions and density are compliant

with the Bat Regulations);

B. the bat does not contain any markings that are designed for a

commercial purpose, including the promotion of a product or com-

pany, other than the name and/or logo of the bat manufacturer in a size

that complies with the Bat Regulations;

C. the bat does not contain any messages or images that may

offend fans, players or others associated with the event; and

D. participants will bring a sample bat to the meeting that pre-

cedes the event. A representative of the Commissioner’s Office respon-

sible for bat compliance will attend the meeting together with a

representative from the Players Association and check the bats. If any

bat is deemed by such representatives to be not in compliance, that par-

ticipant will use his All-Star Game bat.

Bats approved for use during the Home Run Derby under this

provision may not be used during the All-Star Game or any other

Major League or Minor League games (exhibition or otherwise).

8. Microphones. All participants in the Home Run Derby, and

players watching the event on the sidelines, will be encouraged by the

Players Association to wear a microphone pursuant to the standards

described in Article XV(N)(8) (“Miking”). In no event shall less than

four (4) participants wear a microphone for the event; provided that

staff from the Players Association shall be exclusively responsible for

communications with Players in this regard.

9. Commercial Sponsorship Activities. At least the earlier of (a)

promptly following the date such sponsorships are secured or (b) seven

days prior to the Home Run Derby, the Parties will discuss any oppor-

tunities for participants in the event to engage in sponsorship, endorse-

ment or promotional activities in connection with any commercial

sponsors of the Home Run Derby. To that end, MLB shall send the

Players Association on or before that date, a list of all approved or

planned sponsors and proposed promotional activities. If a sponsor

wants any player or players to wear or use such sponsor’s product, serv-

ice or logo, the Players Association must review and approve same.

204

10. Promotional Activities. The participants in the Home Run

Derby, upon request, will engage in two non-sponsored promotional

activities for MLB or ESPN solely designed to promote the event. Any

requested promotional activities beyond the two commitments refer-

enced above shall be completely voluntary for each participant. All

promotional activities shall take place at such times and places as will

be convenient for the involved participant. The Office of the Commis-

sioner will provide the Players Association with written notice at least

three days prior to the event of any such promotional activities

requested under this paragraph. Failure to comply with the notice

requirements hereunder shall result in the related obligations transi-

tioning to become entirely voluntary.

11. Charitable Contributions. The Office of the Commissioner

shall have the right, but not the obligation, to agree with a sponsor to

provide a charitable contribution to the participants of the Home Run

Derby.

12.

Notice of and Agreement to Modification. In the event that the

Office of the Commissioner desires to modify this format in a manner

that impacts terms and conditions of players’ employment, it will propose

such method to the Association prior to May 1 of any year, and reach

agreement with the Association on the method before it is implemented.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

205

ATTACHMENT 17

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

This letter is to confirm our understanding that Major League Baseball

will make available its resident security agents to meet with a desig-

nated player representative and a Club representative for each of the

Clubs to discuss certain issues related to family security at the ball-

parks, including but not limited to, player and family parking, family

seating and security and family rooms.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

206

ATTACHMENT 18

AUTHORIZATION FOR THE USE AND/OR

DISCLOSURE OF MAJOR LEAGUE PLAYER

HEALTH INFORMATION

I authorize the use and/or disclosure of my health information as

provided for below:

1. This authorization applies to all health information about

me that is now (or, during the period covered by this authorization,

may be) in the possession, custody or control of the persons or entities

(or classes of persons or entities) identified in Paragraph 2 below. As

used hereafter in this authorization, “health information” shall mean

my entire health or medical record, including, but not limited to, all

information relating to any injury, sickness, disease, mental health con-

dition, physical condition, medical history, medical or clinical status,

diagnosis, treatment or prognosis, including without limitation clinical

notes, test results, laboratory reports, x-rays and diagnostic imaging

results, but does not mean any health or medical records or any test

results, if any, deriving from Major League Baseball’s Joint Drug Pre-

vention and Treatment Program.

2. I authorize the following persons and entities (or classes of

persons and entities) to use and/or disclose (to the individuals specified

in paragraph 3 below) any of the health information about me that is

(or, during the period covered by this authorization, may be) in their

possession, custody or control for the purposes described in paragraph

3 below: All health care providers (including but not limited to [insert

name of Club orthopedist and medical internist], other physicians,

psychologists, laboratories, clinics, Club Certified Athletic Trainers,

and employee assistance professionals) with whom I have consulted

pursuant to my Uniform Player’s Contract (“UPC”), the Basic Agree-

ment, or for a work-related disability, injury, illness or condition.

3. I authorize the persons and entities (or classes of persons

and entities) described in paragraph 2 to disclose any of the health

information about me that is (or, during the period covered by this

authorization, may be) in their possession, custody or control, for any

purpose relating to my employment as a player for the Club, including,

but not limited to, the purposes set forth in Article XIII(G) of the Basic

207

Agreement and Paragraph 6(b) of my UPC, both of which are incorpo-

rated herein by reference, to the Owner, President, General Manager,

President of Baseball Operations, Director of Baseball Operations,

Assistant General Manager, Field Manager, Physicians and such med-

ical personnel as they may designate, Director of Medical Services,

Certified Athletic Trainer, Assistant Certified Athletic Trainer, Club

Rehabilitation Coordinator, In-House Counsel, Risk Manager and

Workers Compensation Coordinator of the Club or Clubs for which I

have agreed (or may agree) to render playing services during the

period covered by this authorization and, subject to Article XIII(G)(5)

of the Basic Agreement, the Office of the Commissioner. The names of

the individuals serving in each of the roles listed in this Paragraph 3 are

attached hereto. In the event I apply for a Therapeutic Use Exemption

under Major League Baseball’s Joint Drug Prevention and Treatment

Program (“Joint Drug Program”), I also authorize the disclosure of

health information to the Independent Program Administrator of the

Joint Drug Program. In the event my UPC is optioned to a minor

league affiliate of the Club, I also authorize, during the period of my

optional assignment, the disclosure of health information to the Club’s

Farm Director and to the minor league affiliate’s Field Manager, Physi-

cians and such medical personnel as they may designate, and Certified

Athletic Trainer and Assistant Certified Athletic Trainer. In the event

of any contemplated assignment of my UPC to another Club or Clubs,

I authorize, subject to Paragraph 6(b)(2) of that UPC, disclosure of my

health information to the physicians and officials (including, but not

limited to, Certified Athletic Trainers) of such other Club or Clubs.

4. In addition to the disclosure permitted in Paragraph 3

above, I also authorize any health care provider with whom I have con-

sulted pursuant to Major League Baseball’s Joint Drug Program to dis-

close to members of the Treatment Board health information about me

(including, but not limited to, drug test results) that is (or, during the

period covered by this authorization may be) in their possession, cus-

tody or control. It is my understanding that the Treatment Board may

only disclose this information pursuant to the provisions set forth in

Section 5 of the Program.

5. My agreement herein is expressly conditioned upon the lim-

ited nature of the disclosures authorized. The disclosure of health

information pursuant to this authorization is solely for the purposes

specified in this authorization. The health information may not be dis-

208

closed to any person or entity other than those specified herein without

my express written consent. The health information may not be uti-

lized for any purpose other than that specified herein without my

express written consent. No person to whom or entity to which health

information is disclosed may re-disclose such information for any pur-

pose other than those specified herein, without my express written

consent. This authorization is further conditioned upon the express

understanding that neither the Major League Club to which I am under

contract nor any other Major League Club will assert that the disclo-

sure of health information pursuant to this authorization other than for

the limited purposes specified herein constitutes a waiver of any right

to privacy or confidentiality with respect to that medical information

under federal or state law, or any regulation.

6. I acknowledge that HIPAA may not prevent the recipients

of medical information pursuant to Paragraph 3 above from re-disclos-

ing that information. However, under Paragraph 6(b) of the UPC, these

recipients may not disclose that information to any other person other

than as provided therein without my express written consent. I also

acknowledge that Club Certified Athletic Trainers may not be consid-

ered as bound by HIPAA’s restrictions on disclosure of health informa-

tion. Nothing in these acknowledgments or this authorization shall be

considered as a waiver of any rights to privacy or non-disclosure of

health information that I may have under the Basic Agreement, the

Joint Drug Program, the UPC, any state law (which is not preempted

by HIPAA), Canadian law, including the Ontario Personal Health

Information Protection Act of 2006 (“PHIPA”), or any other federal

law that are not expressly waived by the disclosures permitted herein.

7. I understand that my refusal to sign this authorization will

not affect my ability to obtain treatment from [insert name of Club

physician]. I acknowledge, however, that, pursuant to Paragraph 6(b)

and Regulation 2 of the UPC to which I am (or, during the period cov-

ered by this authorization, may be) a party, I have agreed that I will fur-

nish and that [insert name of Club physician]

and others may furnish

to the Club(s) referred to in Paragraph 6(b) and/or Regulation 2 all rel-

evant medical information relating to me, and further that my refusal

to authorize the furnishing of such information as provided for by

Paragraph 6(b) and/or Regulation 2 of my UPC may constitute a

breach of that contract.

209

8. I understand that I have the right to revoke this authoriza-

tion at any time, but that my revocation will not be effective to the

extent that any of the persons or entities (or classes of persons or enti-

ties) I have authorized to use and/or disclose my health information

have acted in reliance upon this authorization. My revocation must be

in writing and be sent to [insert name and address of Club physician]

I further understand that my right to revoke this authorization shall not

serve to excuse any failure on my part to comply with the provisions

of any UPC to which I am (or, during the period covered by this

authorization, may be) a party, or any other agreement that may gov-

ern the terms and conditions of my employment as a player for a Major

League Baseball Club.

9. This authorization expires one year from the date it is

signed, unless previously revoked.

10. I acknowledge that I have received a copy of this authoriza-

tion.

Player Signature Date

Player Printed Name

Witness Signature Date

Witness Printed Name

210

Authorized Persons and Entities

211

ATTACHMENT 19

UNIFORM REGULATIONS

A. Uniform Dress Policy

These Regulations are intended to supplement the provisions of Offi-

cial Baseball Rule 3.03. In accordance therewith, all Players are

required to be in uniform and to wear only Club-issued apparel, outer-

wear, and equipment during games (on the field, in the dugout, and in

the bullpen). All Players are required to wear only Club-issued apparel,

outerwear, and equipment while on the field during batting practice

and while in any in-stadium interview room up to 30 minutes follow-

ing games. All Players, including those who are not playing (e.g., on

the bench or in the bullpen), are required to wear uniforms, including

the uniform top, during games. No alterations, writing or illustrations,

other than as authorized herein, are to be made to any part of the uni-

form. In furtherance of these policies, the following regulations shall

apply.

B. Pants

1. Straps may not be attached to the bottom of the pants.

2. Shoes may not be laced through the pants.

3. The elastic string may not be completely removed from the

bottom of the pants.

4. The bottom of the pants may not be cut. Players wishing to

relax the elastic string must do so from inside the pants.

5. Pants may not extend below the top of the heel of spikes.

6. Pants may not be so baggy or otherwise sized or worn in such

a manner that may, in the umpire’s judgment, interfere with the

umpire’s ability to make calls or provide the Player with a com-

petitive advantage.

7. Pants pockets may not intentionally be untucked.

8. Every effort will be made to replace, in a timely fashion,

pants torn during the game.

212

C. Jerseys

1. Jerseys, including sleeves, may not be so baggy or otherwise

sized or worn in a manner which may, in the umpire’s judgment,

interfere with the umpire’s ability to make calls or provide the

Player with a competitive advantage.

2. Sleeve length may not extend below the elbow.

3. Sleeves may not be cut.

4. Jerseys may not be unbuttoned below the bottom of the Club

logo.

5. Jerseys may not intentionally be untucked.

6. Under no circumstances may a jersey be ordered at or altered

to a length where it cannot properly be tucked in.

7. A Player will not be permitted to change his jersey number

even if such request is approved by his Club unless the request

was received by the Office of the Commissioner no later than

July 31 of the year preceding the championship season in which

the jersey number change would take effect. Notwithstanding the

foregoing, the Office of the Commissioner will not deny a

request to change a Player’s jersey number even when the requi-

site notice was not provided if: (a) the Player changed Clubs fol-

lowing the notification deadline; or (b) the Player (or someone on

his behalf) purchases the existing finished goods inventory of

apparel containing the Player’s jersey number that is held on

hand by the then-current authorized apparel licensee(s).

D. Undershirts

1. When any portion of a Player’s undershirt is visible, the

Player may only wear an undershirt that is in the Club’s primary

color or the heather gray color supplied by the Club.

2. No corporate identification or other logos of any kind are to be

visible on any part of the undershirt, except for any Club logo, the

Major League Baseball silhouetted batter logo or another logo

jointly approved by Major League Baseball and the Association.

213

E. Compression Sleeves

No corporate identification or other logos of any kind are to be visible

on any part of the compression sleeve, except for any Club logo, the

Major League Baseball silhouetted batter logo or another logo jointly

approved by Major League Baseball and the Association.

F. Outerwear

Players may not cut or in any way alter the Club-supplied outerwear.

G. Footwear

1. At least 51% of the exterior of each Player’s shoes must be

the Club’s designated primary shoe color and the portion of the

Club’s designated primary shoe color must be evenly distributed

throughout the exterior of each shoe.

2. Individual Clubs shall determine the Club’s shoe design and

color schemes. Players must wear shoes that are compatible with

their Club’s design and color scheme.

3. Shoes with pointed spikes similar to golf or track shoes shall

not be worn.

4. Excessive and distracting flaps and laces on shoes, particu-

larly those on pitchers, are not permitted.

5. Players will not be allowed to change shoes while running

bases during any Major League game.

6. The addition of tape that is a color different than that of the

shoe is not permitted and, if used, will mean the Player, coach or

manager is out of uniform.

H. Adornments and Markings

1. No field personnel may wear distracting jewelry of any kind.

Distracting jewelry includes any item worn or used by a Player

which, in the opinion of the umpire, could interfere with the play

of the game or umpires’ ability to make calls, or endanger the

health or safety of a Player, including the Player wearing the jew-

214

elry. In addition, no Player or Club may attach or otherwise affix

or embroider to any portion of the uniform (including the cap and

the helmet, batter and catcher) or playing equipment (including

gloves), any pins, flags, commemorative patches, decals or other

items, unless authorized by the Office of the Commissioner,

which shall consult with the Players Association on such matters

in advance of such authorization. A Player may not write, attach,

affix, embroider or otherwise display nicknames or messages on

apparel or playing equipment, except that a Player may display:

(a) his name and/or uniform number on fielding gloves, footwear,

batting gloves, wristbands, elbow protectors, shin/ankle protec-

tors and catcher’s equipment; and (b) a nickname on fielding

gloves or catcher’s equipment, provided that the nickname is not

visible during games and is not reasonably likely to offend fans,

business partners, Players, and others associated with the game.

2. No Player may have any visible corporate markings or logos

tattooed on his body. In addition, no pitcher shall have markings

on his body that are potentially distracting to the umpire or batter.

Markings that are potentially distracting include tattoo(s) or other

marking(s) which, in the opinion of the umpire, could interfere

with the umpires’ ability to make calls, endanger the health or

safety of a batter or otherwise interfere with the play of the game.

(a) If an umpire determines that a Player’s tattoos or other mark-

ings violate the above standard, the umpire shall inform the

On-Field Department of the Office of the Commissioner,

which shall notify both the Player and the Players Associa-

tion. The umpire will not require the Player to cover the tat-

toos or markings prior to being instructed to do so by the

Office of the Commissioner.

(b) If a Player desires to appeal the umpire’s decision to the

Chief Baseball Officer, he must do so within 24 hours of

receiving notice. The Player will not be required to cover his

tattoos or markings between the filing of an appeal and a

decision by the Chief Baseball Officer.

may present to the Chief Baseball Officer any arguments or

information they desire in support of the appeal. The decision

of the Chief Baseball Officer regarding whether the Player

must cover his tattoos or markings will be final and binding

on the Player, the Players Association, Major League Clubs

and umpires.

I. Permissible Alterations

1. Pant length alterations consistent with past practice and Sec-

tion B, above.

2. Sleeve length alterations consistent with past practice and

Section C, above.

3. Tapering of pants and jerseys.

J. Wristbands

No Player is permitted to wear white wristbands or bandages, because

of the possible difficulty in distinguishing the baseball from the wrist-

band or bandage. This prohibition extends to white wristbands with a

stripe insufficient to permit the distinction.

K. Gloves

1. Any pitcher starting or entering a game wearing a colored

glove must wear a glove of the same color for the pitcher’s entire

participation in the game.

2. The pitcher’s glove may not, exclusive of piping, be white,

gray, nor, in the judgment of an umpire, distracting in any man-

ner. See Official Baseball Rule 3.07(a).

3. Any Player wearing a golf or batting glove underneath a play-

ing glove may not rub up balls for use by the pitcher.

L. Helmets

1. Each catcher shall wear a catcher’s protective helmet while

fielding the position. Provided that such protective helmet has

been approved by the Official Playing Rules Committee, a

catcher may wear any protective helmet that conforms with past

practice. See Official Baseball Rule 3.09.

215

216

2. All batting helmets must have the Major League Baseball sil-

houetted batter logo on the back of the helmet and may not

include any corporate logos. The Club and Major League Base-

ball silhouetted batter logos cannot be obscured.

M. Other

1. A catcher entering the on-deck circle as the next batter shall

have removed his shin guards before entering the on-deck circle.

2. Catchers’ shin guards and chest protectors may not contain

any white (other than the corporate logo).

3. A Player will not be permitted to display corporate logos or

other identifying marks on equipment, apparel or outerwear other

than on: (a) the items set forth in the Uniform Regulations’

Logo/ID Specifications; (b) items issued by his Club; or (c) items

that at least ten players have regularly used or worn in a game

prior to the conclusion of the 2011 championship season. With

respect to any category of equipment or apparel not covered by

the Uniform Regulations, the Players Association and Major

League Baseball will explore in good faith the possibility of

jointly selling an exclusive or non-exclusive license for that cat-

egory of equipment or apparel. If the sale of such a joint license

is not feasible and Major League Baseball objects to the display

of a logo or marks on a particular product, the Player cannot dis-

play the logo or marks until the Parties resolve the issue or, if

Major League Baseball files a grievance under Article XI(B) of

the Basic Agreement, the completion of an expedited grievance

process. In a grievance arbitration over this issue, both Parties

reserve all of their arguments under the Basic Agreement, the

Major League Rules, the Official Baseball Rules, and the Uni-

form Player’s Contract to support their respective positions.

Nothing in this paragraph is intended to prohibit a Player from

using equipment permitted under the Official Baseball Rules if

the corporate logos or marks are concealed.

4. MLB-Designated Theme Days. Players are prohibited from

wearing items and using equipment consistent with a Major

League Baseball-designated theme for a specific game day (e.g.,

Mother’s Day, Father’s Day, Memorial Day, Independence Day,

etc.) except for such specific items or equipment that have been

217

approved and communicated with reasonable advance notice to

the Players Association and the Clubs’ equipment managers. Vio-

lations of this policy will be deemed to be flagrant under Para-

graph 4 of Section O, below.

To the extent that a Player desires to wear an item or use equip-

ment that is not authorized for use on an MLB-Designated theme

day, the Player must obtain advance approval from the Commis-

sioner’s Office, which approval shall not be unreasonably with-

held, provided that: (a) the color and design of the item or

equipment is consistent with that of the particular theme day; (b)

no corporate logos or distinguishing marks are displayed on the

item or equipment; and (c) the category of item or equipment has

been approved for use in Major League games on non-theme

days. It is encouraged that the manufacturer of the item or equip-

ment contributes funds to the designated charity of the theme day.

In addition, the Office of the Commissioner shall: make available

to Players, if practical, non-logoed items or equipment if the

Player wants to participate in the theme day event but does not

desire to use a product manufactured by the designated corporate

sponsor; and, provide the Players Association with recognition

supporting theme day. A player who declines to participate, in

whole or in part, in any MLB-designated theme day shall be per-

mitted to wear any item or use any equipment he would otherwise

use/wear during a non-theme day.

N. Enforcement

The Chief Baseball Officer shall enforce these Regulations and impose

discipline as set forth in Section O below. In addition, umpires shall

have the authority to enforce on the field those Regulations that cover

the traditional domain of umpires. (See, e.g., Official Playing Rule

3.08 (Comment).)

O. Discipline

1. Players will be subject to the following discipline schedule

for violations of these Uniform Regulations:

(a) First violation: the Chief Baseball Officer will issue a Uni-

form Regulations Violation Warning, setting forth the provi-

218

sion of the Uniform Regulations that the Player has violated

and specifying that the Player will be subject to further disci-

pline if he does not immediately cease violating the Regula-

tions;

(b) Second violation within the same Section of the Uniform

Regulations or regarding the same “Product” on the Uniform

and Equipment Logo/ID Specifications: the Chief Baseball

Officer will issue a Notice of Discipline, which levies a

$1,000 fine and sets forth the provision of the Uniform Reg-

ulations that the Player has violated for the second time and

specifies that the Player will be subject to additional disci-

pline if he does not immediately cease violating the Regula-

tions;

ulations or regarding the same “Product” on the Uniform and

Equipment Logo/ID Specifications: the Chief Baseball Offi-

cer will issue a Notice of Discipline, which levies a $5,000

fine and sets forth the provision of the Uniform Regulations

that the Player has violated for the third time and specifies

that the Player will be subject to additional discipline if he

does not immediately cease violating the Regulations;

(d) Fourth violation within the same Section of the Uniform

Regulations or regarding the same “Product” on the Uniform

and Equipment Logo/ID Specifications: the Chief Baseball

Officer will issue a Notice of Discipline, which levies a

$10,000 fine and sets forth the provision of the Uniform Reg-

ulations that the Player has violated for the fourth time and

directs that the Player will not be permitted to play in

championship season games (including Spring Training and

post-season games, if applicable) until the Player’s uniform

is in compliance with the Regulations and the Official Play-

ing Rules.

2. The fine schedule set forth in Paragraph 1 above shall apply

no matter how much time has elapsed between violations.

3. Complaints involving discipline imposed upon a Player by

the Chief Baseball Officer for a violation of the Uniform Regula-

tions shall be subject exclusively to Article XI(C) of the Basic

219

Agreement. If the Chief Baseball Officer imposes discipline con-

sistent with Paragraph 1 above, the only issue before the Special

Assistant to the Commissioner shall be whether the Player com-

mitted the violation alleged in the Notice of Discipline. If the

Special Assistant to the Commissioner finds that the Player com-

mitted the violation alleged in the Notice of Discipline, the disci-

pline shall be as set forth in the Notice of Discipline. In cases

involving discipline imposed under Paragraph 1.c above, the

Special Assistant to the Commissioner shall attempt to hear the

appeal within two weeks of the date on which it was filed. If the

appeal cannot be heard during that period due to the Player’s

unwillingness to participate in the city in which his Club is

scheduled to play or the Players Association’s inability to travel

to such city, the appeal shall be heard by teleconference. If the

appeal cannot be heard during that period for any other reason,

the appeal shall be heard, in the city in which the Player’s Club

is scheduled to play, at the earliest available date. In cases involv-

ing discipline imposed under Paragraph 1.d above, the appeal

shall be heard as soon as practicable in a location that does not

make the Player unavailable to play or the city where the Player’s

Club is scheduled to play, but not later than 4 business days from

the imposition of the directive.

4. Notwithstanding the foregoing, the following will apply to a

violation of Section M.3 after a warning and to repeated or a sin-

gle flagrant or provocative breach of the Uniform Regulations

involving an intentional impermissible alteration, writing or

illustration or other marking made by a Player to any part of his

uniform (including the cap and the helmet, batter or catcher):

(a) The Chief Baseball Officer may impose fines at levels differ-

ent from the levels reflected in Paragraph 1 above. Com-

plaints involving a fine imposed upon a Player by the Chief

Baseball Officer that is greater than the amount set forth in

Paragraph 1 for such violation shall be subject exclusively to

Article XI(C) of the Basic Agreement but the Player may

challenge the level of discipline imposed in addition to the

fact that discipline was imposed.

(b) The Chief Baseball Officer may direct, prior to the fourth

such violation, that the Player will not be permitted to play in

220

championship season games (including Spring Training and

post-season games, if applicable) until the Player’s uniform is

in compliance with the Regulations and the Official Playing

Rules. Complaints involving such a directive shall be subject

exclusively to Article XI(C) of the Basic Agreement but the

Player may challenge the level of discipline imposed in addi-

tion to the fact that discipline was imposed. The implementa-

tion of such a directive shall not be stayed by a Player’s

appeal. A Player’s appeal of such a directive shall be heard as

soon as practicable in a location that does not make the Player

unavailable to play or in the city where the Player’s Club is

scheduled to play, but not later than 4 business days from the

imposition of the directive. A Player precluded from play

because of failure to comply with such a directive shall not be

paid for any game missed as a result of such discipline; pro-

vided, however, that such Player shall be made whole pur-

suant to Article XII(A) of the Basic Agreement if his appeal

of such discipline is upheld in full or in part.

pline, including a suspension, upon a Player for any such vio-

lation.

5. Fines issued by the Chief Baseball Officer for any violations

of the Uniform Regulations shall be payable within two weeks

from the date of the Notice of Discipline. All fine payments

(made payable to Major League Baseball) must be sent to the

Department of On-Field Operations at Major League Baseball.

221

MAJOR LEAGUE BASEBALL

Uniform and Equipment Logo/ID Specifications

Proposed Number of

Product Manufacturer’s Logo/ID Placements

One mark – 3 sq in (with

Batting Glove no dimension less 1.25 in) Two

Second mark – 1.5 sq in

Front mark – 6.5 sq in (with

no dimension less

Catcher’s Chest Protector than 1.75 in) Two

Back mark – 2.5 sq in (with

no dimension less than 1 in)

1 sq in

Catcher’s Face Mask (with no dimension

Two

less than 1 in)

(one front, one back)

1 sq in

Catcher’s Helmet (with no dimension

Two

less than 1 in)

(one front, one back)

1.5 sq in

Catcher’s Knee Support (with no dimension One

less than 1 in)

1.5 sq in

Catcher’s Shin Guard (with no dimension One

less than 1 in)

1 sq in

Elbow Protector (with no dimension One

less than 1 in)

1 sq in

Shin/Ankle Protector (with no dimension One

less than 1 in)

Sunglass Strap 0.5 sq in One

Either one on bridge of

Sunglasses 0.5 sq in nose or one on each

“temple” of glasses

2 sq in

Wristbands (with no dimension

One on each arm no

less than 1 in)

higher than the elbow

1 sq in

Compression Sleeves (with no dimension One

less than 1 in)

222

Measurement. Whether a proposed corporate or manufacturer’s

logo/ID is within the permissible size described above shall be deter-

mined by the industry practice known as the “leading edge trailing

edge standard.” This standard is as follows:

1. The “dimension” regulations referenced in the above chart

would be applied by measuring from the leading edge of the logo to

the trailing edge of the logo and from the very top of the logo to the

very bottom of the logo.

2. Once the dimension regulation is satisfied, the number of

square inches of the logo would be calculated using the geometric

formula for the closest approximate, standard geometric shape (i.e.,

rectangle, square, circle).

223

ATTACHMENT 20

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

245 Park Avenue

New York, New York 10167

Dear Dan:

The Clubs, throughout this and previous rounds of negotiations, have

consistently maintained that the Commissioner’s regulation of industry

debt is not a mandatory subject of bargaining under the National Labor

Relations Act. We, on the other hand, have consistently taken the posi-

tion that it is.

In furtherance of the negotiations on an overall Basic Agreement, you

proposed changes to the debt regulations known as the Debt Service

Rule, contingent upon a prior acknowledgment by the Association that

the proposal and any discussion that it may generate, including any

subsequent counterproposals, are without prejudice to the Clubs’ legal

position on bargainability.

The Association, by this letter, provides that acknowledgment. It

agrees that the proposal and discussions shall not be used as evidence

by the Association that the topic of debt regulation is a mandatory sub-

ject of bargaining in any subsequent litigation, including any grievance

or NLRB proceeding.

This acknowledgment and agreement is, of course, without prejudice

to the Association’s position that the topic is a mandatory one.

Sincerely,

Tony C. Clark

Executive Director

Major League Baseball Players

Association

224

ATTACHMENT 21

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Debt Regulation

Dear Tony:

This letter will memorialize our additional understandings on debt reg-

ulation, and shall be considered an agreement between the Association

and the Clubs within the meaning of Article XI(A)(1)(a) of the Basic

Agreement.

First, the Parties agree that the Panel cannot resolve disputes concern-

ing the meaning, interpretation or application of the Debt Service Rule

without resort to its bargaining history, in this or earlier bargaining

rounds, which reflects understandings that significantly inform the

meaning of the Rule as intended by the Parties.

Second, our negotiations over and agreement to the Debt Service Rule

are both subject to the agreement reflected in Attachment 20. More-

over, the Parties reserve their legal positions regarding the bargaining

status of any action taken by the Commissioner pursuant to Section 6.1

of the Debt Service Rule.

Third, it was the Parties’ intention, in agreeing to the Debt Service

Rule, to ensure that each individual Club has or would have sufficient

resources to support its level of debt or proposed debt, as opposed to

an intention to limit or reduce the amount that the Clubs or a particu-

lar Club could spend on Player salaries.

Fourth, the Parties do not intend for the Debt Service Rule to displace

or otherwise limit the authority of the Commissioner to take actions,

consistent with actions taken in the past, that are designed to preserve

the financial stability of the Clubs. As he has done in the past, the

Commissioner will consult with the Players Association prior to taking

any such action against a Club that may affect the interests of Players.

225

Fifth, during the term of this Agreement, and subject to Paragraph 6.1

of the Debt Service Rule, the Commissioner shall adopt no other form

of debt regulation.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

226

ATTACHMENT 22

DEBT SERVICE RULE

Section 1. The Rule. No Club may maintain more Total Club Debt

than can reasonably be supported by its EBITDA. A

Club’s Total Club Debt cannot reasonably be supported by

its EBITDA if Total Club Debt exceeds the product of that

Club’s EBITDA during the most recent year multiplied by

the EBITDA Multiplier applicable to that Club.

Section 2. Definitions

. Subject to the amendment procedures set out

in Section 6.1 below, the following definitions shall be uti-

lized in the administration of the Debt Service Rule:

(a) EBITDA

. “EBITDA” means a Club’s earnings for

its fiscal year, before interest, taxes, depreciation and

amortization, as calculated and reported in accordance

with Part I, Schedule I, Section D, Line 45 of the annual

Financial Information Questionnaire (“FIQ”), which each

Club must submit to the Office of the Commissioner after

the close of each fiscal year. For the purposes of this Debt

Service Rule, each Club shall calculate its annual

EBITDA net of the Club’s net receipts or net payments

under any revenue sharing arrangements then in effect

among the Major League Clubs.

(b) T

otal Club Debt. “Total Club Debt” means a

Club’s total outstanding debt, calculated as an average

over the course of each fiscal year, including, without lim-

itation, all long-term and short-term obligations and all

indebtedness resulting from: (1) debt incurred pursuant to

the Major League Baseball industry credit facility; (2)

Club Supported Debt incurred by the Club or any Club

related party; provided that with respect to any third-party

indebtedness incurred by a Club related party, such indebt-

edness shall be deemed to be Club Supported Debt unless

the Club delivers all relevant Club related party financial

statements and annual budgets to the Office of the Com-

missioner and demonstrates, to the satisfaction of the

Office of the Commissioner, that such indebtedness is

227

serviceable or payable, in whole, by non-Club funds

(regardless of whether such indebtedness is collateralized

by assets of the Club); (3) deferred compensation (other

than deferred compensation payable to Major League

Players (see clause (9) below)); (4) stadium-related debt

incurred for or in connection with ballpark construction or

improvements; provided, however, that any debt falling

within this clause (4) shall not become part of Total Club

Debt until the first full season of the operation of the new

or renovated stadium for which such debt was incurred;

and (5) any other debt that is properly classified as indebt-

edness of the Club under generally accepted accounting

principles in place as of the effective date of this Basic

Agreement, but excluding: (6) the Excludable Debt; (7)

advances taken by a Club against future revenue that it is

contractually entitled to receive; (8) any debt issued in

connection with the monetization of a long-term Club

business contract, the proceeds of which are placed into an

escrow account controlled by the Office of the Commis-

sioner; and (9) any compensation payable to Major League

Players, including deferred compensation or any other

commitment under a Uniform Player’s Contract, or any

obligation to the Major League Baseball Players Benefit

Plan or Industry Growth Fund. “Excludable Debt” shall be

the first seventy-five million dollars ($75,000,000) in out-

standing debt from any of the sources described in clauses

(1)-(5) above. “Club Supported Debt” means any indebt-

edness (including any loan, advance or guarantee) that is

collateralized by the assets of the Club (including any

pledge of a direct or indirect interest in the Club) or serv-

iced or payable, in whole or in part, either directly or indi-

rectly, using Club funds; provided that, with respect to any

loans or advances from a Club’s owner or any related

party that are neither collateralized by the assets of the

Club (including any pledge of a direct or indirect interest

in the Club) nor serviced, in whole or in part, either

directly or indirectly, using Club funds, such indebtedness

shall be deemed to be Club Supported Debt if the Club has

not delivered all relevant related party financial statements

and annual budgets to the Office of the Commissioner.

228

the number to be multiplied by the Club’s EBITDA during

the most recent year in order to determine the maximum

Total Club Debt that reasonably can be supported by that

Club’s EBITDA. The EBITDA Multiplier shall be eight

(8), except that any Club which incurs (or has incurred

within the last ten years) stadium-related debt to finance

construction of a new ballpark or the major renovation of

its existing ballpark may use an EBITDA Multiplier of

twelve (12) for the first ten (10) fiscal years after that ball-

park’s opening or reopening.

(d) Accounting Rules. Each Club’s reporting and

accounting practices relevant to an evaluation of its compli-

ance with the Debt Service Rule shall be subject to the

Commissioner’s review and approval. Moreover, in any

case involving off-balance-sheet debt, the determination of

whether the indebtedness shall be included in Total Club

Debt under Section 2(b) above shall be made by an auditor

retained by the Office of the Commissioner, applying gen-

erally accepted accounting principles on a consolidated

basis except as otherwise provided by Section 2(b) above.

The Major League Baseball Players Association (“Players

Association”) may seek review of the auditor’s determina-

tion by the Arbitration Panel (see Article XI), in which case

the Panel shall show no deference to the auditor’s determi-

nation. Unless otherwise provided in this Rule, when

accounting for and reporting on Total Club Debt and

EBITDA for purposes of the Debt Service Rule, the Clubs

shall comply with the revenue and expense definitions and

the accounting conventions, policies and practices reflected

in the then-current version of the FIQ. The Commissioner

reserves the right to modify the FIQ reporting requirements

as they relate to the Debt Service Rule. The Players Associ-

ation may seek review of all accounting rulings made by the

Commissioner (or any Committee or outside accounting or

other expert assisting him), in connection with the Rule by

the Arbitration Panel in which case the Panel shall show no

deference to the Commissioner’s rulings.

229

Section 3. Annual Compliance Certification; Commissioner

Enforcement.

3.1 Annual Compliance Certifications

. By the date each

Club must provide its final FIQ and audited financial

statements for each fiscal year, each Club shall also sub-

mit to the Office of the Commissioner:

(a) a written certification from its chief executive offi-

cer that either the Club complied with the Debt Service

Rule during the fiscal year reported in the accompanying

FIQ, or the Club did not comply with the Debt Service

Rule during the fiscal year reported in the accompanying

FIQ; and

(b) a written summary (“Related-Party Debt Sum-

mary”) from its chief executive officer of all owner or

related-party debt that was collateralized by Club assets or

was serviced, either directly or indirectly, using Club funds

or assets.

3.2 Enforcement by Commissioner

. The failure of a Club

to comply with the Debt Service Rule in a fiscal year shall

subject the Club and/or any owner of the Club to any or all

of the remedial measures (“Remedial Measures”) set out

in Section 4 below until the Club achieves compliance

with the Debt Service Rule.

3.3 Exemption from Compliance

. Clubs with Total Club

Debt below the level of Excludable Debt are exempt from

the compliance process (but still must adhere to the certi-

fication requirement of Section 3.1 above and the financial

reporting obligations established by the Office of the

Commissioner, the latter of which are described in Attach-

ment 23).

Section 4. Remedial Measur

es for Non-Compliance.

4.1 The Commissioner may, after consultation with the

Players Association pursuant to Section 6.4(d) below and

consistent with Section 5 and Section 6.5 below, impose

any or all of the Remedial Measures contained in Section

4.2 on any Club and/or any owner of a Club for a Club’s

failure to comply with the Debt Service Rule. Notwith-

230

standing the foregoing, the Commissioner shall not

impose Remedial Measures on a Club and/or owner of a

Club for a Club’s failure to comply with the Debt Service

Rule if the Club complied with the Debt Service Rule in

the immediately preceding year and the Club demonstrates

that it realistically projects compliance in the year follow-

ing its first year of non-compliance.

4.2 The Remedial Measures are:

(a) Require the Club to submit, for the Commissioner’s

review and approval, a written plan for achieving compli-

ance with the Debt Service Rule (the “Compliance Plan”).

Each Compliance Plan shall identify the fiscal year during

which the Club proposes to achieve compliance and the

specific steps the Club intends to take to bring the Club

into compliance with the Debt Service Rule;

(b) Require the Club to consult with the Commissioner

prior to entering into any contract with a term of more than

five (5) years (except that this Section 4(b) shall not apply

to any Uniform Player’s Contract with a Major League

Player);

Club Debt (as defined in this Rule) without the approval

of the Commissioner;

(d) Require the Club to reduce some or all of its out-

standing debt by raising additional equity on whatever

terms the Commissioner deems appropriate;

(e) Prohibit the Club from making any capital expendi-

tures without the approval of the Commissioner;

(f) Require the Club to perform or refrain from any

other action that the Commissioner deems necessary in

order to ensure that the Club brings its Total Club Debt

into compliance with the Debt Service Rule;

(g) Retention by the Commissioner of all or any por-

tion of the Club’s share of: (i) the Central Fund, and/or (ii)

gate receipts from the Wild Card Game, Division Series,

League Championship Series and World Series, so that

231

such retained funds may be held in escrow and used as

directed by the Commissioner to reduce the Club’s out-

standing debt, subject to the Club’s existing obligations to

players and subject to contractual obligations to third par-

ties made by the Club in good faith before the Club had

notice of the proposed adoption of the Debt Service Rule;

(h) Reservation by the Commissioner of the power to

approve a Club’s general and administrative expenditures,

including, without limitation, the power to approve and/or

limit individual line items in a Club’s annual budget;

(i) Limit, or suspend, the Club’s ability to obtain addi-

tional financing under the Major League Baseball industry

credit facility and/or any other line of credit or financing

arrangement obtained on behalf of that Club or on behalf

of all Clubs by the Office of the Commissioner;

(j) Suspend the benefit of the Major League Rules,

such as selection rights available to the Club under Major

League Rule 5, except that any suspension of the Club’s

rights under Major League Rule 4 shall not affect the

assignment of the selection rights that the Club would lose

or gain in connection with a player signing as provided in

any collectively bargained agreement then in effect

between the Clubs and the Players Association;

(k) Deny the Club’s right to be represented at Major

League meetings and/or deny representation on Major

League Committees;

(l) Suspend individual executive or ownership person-

nel of the Club;

(m) Impose monetary sanctions against individual

executive or ownership personnel of the Club;

(n) Any other measures or sanctions which the Com-

missioner has the power to impose on a Club or Club

owner pursuant to the Major League Constitution;

(o) Any sanction which the Major League Clubs may

impose upon another Club or Club owner under the Major

League Constitution, if the imposition of such a sanction

232

is duly authorized by the vote of the Major League Clubs

in the manner required by the Major League Constitution;

and/or

(p) Require ownership to guarantee the Club’s debt

service for the next three years, without recourse to the

Club. Subject to liquidity concerns that the Commissioner

may have, mandatory debt reduction (see subparagraphs (c)

and (d) above) shall be the preferred Remedial Measure.

Section 5. Remedial Considerations

. In developing a set of Reme-

dial Measures for a Club under Section 4 above, the Com-

missioner shall consider the following factors:

(a) As an initial matter, the Commissioner must assess

the Club’s general creditworthiness as reflected in the

availability of credit to the Club in commercial markets

(through measures such as but not limited to the terms on

which it holds debt and the willingness of the Club’s indi-

vidual lenders to attest to their confidence that the Club

will be able to satisfy its obligations as they become due)

and in the asset value of the Club in relation to the absolute

level of the Club’s debt;

(b) The Club’s record of compliance with the Rule

over the preceding three years;

pliance over the three-year planning period in conjunction

with the Club’s past history of accurately projecting com-

pliance or non-compliance;

(d) The occurrence of factors affecting the industry

which have affected the ability of all Clubs to comply with

the Debt Service Rule such that there has been a signifi-

cant increase in the number of non-compliant Clubs; and

(e) The capacity and willingness of the owner or own-

ers to guarantee debt service for the next three years, with-

out recourse to the Club.

Section 6. Miscellaneous

6.1 Further Regulations;

Amendments

. The Commis-

sioner shall issue further regulations and policies concern-

233

ing the implementation, interpretation, administration and

enforcement of this Debt Service Rule as he deems appro-

priate. In addition, the Commissioner may amend or oth-

erwise modify the rules, definitions and policies set out in

this Debt Service Rule as he deems appropriate. Prior to

taking any action pursuant to this Section 6.1, the Office

of the Commissioner shall provide the Players Association

with notice of such contemplated action pursuant to Arti-

cle XVIII of the Basic Agreement.

6.2 Notice to

Third Parties. All Clubs shall give appro-

priate written notice to affected third parties of the require-

ments of the Debt Service Rule before entering into any

contract with such parties that reasonably might be

affected, as to either execution or performance, by the

Commissioner’s exercise of his powers under this Debt

Service Rule.

6.3 Prohibited Remedial Measures

. The Commissioner

shall not, in exercising his authority under Section 4

above, attempt to influence or interfere with any Club

decision regarding a Major League Player’s contract,

reserve status or roster status. Moreover, the Commis-

sioner shall take no action directed at preventing a Club

from establishing its Major League Player payroll budget

at a level that the Club deems appropriate.

6.4 Players

Association’s Right To Information. The

Office of the Commissioner shall provide the Players

Association with the following information:

(a) EBITDA, Total Club Debt and total allowable debt

(EBITDA multiplied by the applicable EBITDA Multi-

plier) calculations for each Club, at the time the Office of

the Commissioner provides FIQs to the Players Associa-

tion pursuant to Article XXIV(D)(2) of the Basic Agree-

ment and at any time as such calculations may be provided

to the Commissioner on an interim or forecast basis prior

to the Clubs’ FIQ submissions;

(b) Related-Party Debt Summaries and Compliance

Plans submitted to the Commissioner pursuant to this

234

Rule, within seven days of receipt by the Office of the

Commissioner;

sioner or a Club in connection with the operation of Sec-

tion 4 above, within seven days of the Office of the

Commissioner’s transmittal or receipt of such correspon-

dence; and

(d) Drafts of proposed correspondence to Clubs impos-

ing Remedial Measures pursuant to Section 4 above.

Within ten (10) days of providing such drafts, the Office

of the Commissioner shall meet with the Players Associa-

tion to discuss the Remedial Measures contemplated by

the Commissioner.

Any documents and/or other information provided to

the Players Association pursuant to this Section 6.4 shall

be covered by the Parties’ Confidentiality Agreement (see

Attachment 14).

The Office of the Commissioner must notify the Play-

ers Association of any changes in the central debt agree-

ments.

6.5 Sale

Transactions. In all transactions involving the

sale or transfer of a control interest in a Club, and prior to

the approval of any such transaction, the prospective new

Club ownership must provide the Commissioner with a

Long Term Plan for Debt Service compliance (Long Term

Plan). The Long Term Plan shall be supported by specific

financial information and shall cover no fewer than two

years but no more than five years. The Commissioner will

issue written comments on the Long Term Plan prior to the

transaction’s approval. In connection with all such transac-

tions, the Commissioner must certify to the Clubs and to

the Players Association that the level of debt undertaken in

connection with the acquisition or transfer will not create a

persistent inability of the Club to comply with the require-

ments of the Debt Service Rule. As part of that certifica-

tion, the Commissioner, within 30 days of approval of the

transaction, will provide to the Players Association the new

235

Club ownership’s Long Term Plan and the Commissioner’s

written comments on the Long Term Plan. Absent material

deviations from the Long Term Plan, a Club will be exempt

from Section 4 remediation for the duration of the Long

Term Plan.

6.6 Reopener; Right

To Strike. In the event of an increase

in the maximum debt available to an individual Club

under the industry credit facility of greater than 30%,

measured off an amortized basis, the Players Association

may reopen this Agreement, upon the giving of 10 days’

written notice, with reference solely to the level of Exclud-

able Debt. If negotiations in good faith following such

reopener do not produce an agreement, the Players Asso-

ciation will have the right to strike over the topic of the

level of Excludable Debt. This grant of the right to strike

is without prejudice to the Parties’ respective positions as

to whether the Rule is a mandatory topic of bargaining and

to any other assertions the Clubs may have that such a

strike would otherwise be illegal.

236

ATTACHMENT 23

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Multi-Purpose Financial Reporting Process

Dear Tony:

The Clubs are required to submit financial information to the Office of

the Commissioner for multiple purposes, including the administration

of the Revenue Sharing Agreement, the Debt Service Rule and for gen-

eral business monitoring. The current reporting schedule is as follows:

1. Year End Financial Information Questionnaires and

Audited Financial Statements are due 90 days after the con-

clusion of the Club’s fiscal year.

2. Long Range Plans are due on April 25 and December 10.

3. Interim Financial Information Questionnaires, including

calculations of NDLR, are due on April 25, July 15, Sep-

tember 15 and October 25.

The Office of the Commissioner will provide advance notice to the

Players Association in the event any changes are made to the reporting

schedule outlined herein.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

237

ATTACHMENT 24

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

Absent a prior unconditional release, a Club that has agreed to Major

League terms in a Minor League Uniform Player Contract (“Minor

League UPC”) may not sign a player to a Major League Uniform

Player’s Contract (“Major League UPC”) with terms that are less

favorable to the player than those Major League terms for that season

included in the Minor League UPC. Notwithstanding the definitions of

“Player” and “Grievance” in Article XI, a player (and the Association)

may enforce this right in the Grievance Procedure. Our agreement to

allow such matters to be heard in the Grievance Procedure does not,

however, reflect an agreement that Minor League UPCs may be

enforced in the Grievance Procedure or are a mandatory topic of bar-

gaining and the Association, without prejudice to its legal positions,

agrees that this letter shall not be used as evidence in any effort to sup-

port either proposition.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

ATTACHMENT 25

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

This letter will confirm certain agreements between the Parties. These

agreements are subject to the Parties’ respective rights and obligations

under Article V(A) of the Basic Agreement.

The rules and procedures regarding qualification for the post-season,

post-season matchups and post-season scheduling shall be as set forth

in Major League Rules 33, 34 and 37. We acknowledge that the Com-

missioner’s determination of procedures to break any ties that are not

otherwise provided for, as stated in Major League Rule 33(c), is sub-

ject to the agreement of the Major League Baseball Players Associa-

tion on such procedures.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

238

ATTACHMENT 26

REVENUE SHARING MARKET SCORE

* Phased in over four years (2017–2020) at 25% per year, per Article

XXIV(A)(12).

RANK CLUB SCORE DQ%

1 NYY 235 100%

1 NYM 235 100%

3 LAD 178 100%

3 LAA 178 100%

5 CHI 124 100%

5 CWS 124 100%

7 TOR 119 100%

8 WSH 113 100%

9 PHI 111 100%

10 OAK 108 100%*

10 SF 108 100%

12 BOS 101 100%

12 TEX 101 100%

14 ATL 96 0%

15 HOU 93 0%

16 SEA 81 0%

17 MIN 76 0%

18 DET 74 0%

19 ARI 72 0%

19 TB 72 0%

21 BAL 70 0%

21 COL 70 0%

23 MIA 69 0%

24 CLE 64 0%

25 SD 60 0%

26 STL 57 0%

27 PIT 56 0%

28 KC 53 0%

29 MIL 52 0%

30 CIN 51 0%

239

ATTACHMENT 27

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

The purpose of this letter is to confirm that the Parties have agreed to

establish a Joint Treatment Program to deal with certain alcohol-

related conduct and off-field violent conduct by Major League Players

during the term of the 2017–2021 Basic Agreement. Specifically, the

Parties have agreed as follows:

1. The Treatment Board, as defined under Major League Baseball’s

Joint Drug Prevention and Treatment Program, will be responsi-

ble for creating and supervising individualized treatment pro-

grams for Players with an alcohol use problem or Players who

have engaged in off-field violent conduct. Notwithstanding the

foregoing, if such conduct constitutes a “Covered Act” under the

Joint Domestic Violence, Sexual Assault and Child Abuse Policy

(see Attachment 52), Player evaluation and treatment shall be pur-

suant to the terms of that Policy.

2. Referral to the Treatment Board will be mandatory when:

(a) A Player is arrested or charged by law enforcement authori-

ties with driving while intoxicated, driving under the influ-

ence of alcohol, or any other criminal violation relating to the

use of alcohol.

(b) A Player is arrested or charged by law enforcement authori-

ties with a criminal violation in which the authorities allege

that the use of alcohol may have been a contributing factor in

the misconduct.

practices, workouts, meetings or otherwise during the course

and within the scope of his employment.

240

(d) Club medical personnel reasonably suspect that the Player

may suffer from an alcohol use problem.

(e) A Player is charged by law enforcement authorities with a

crime involving the use of physical force or violence, includ-

ing but not limited to, resisting arrest, battery, and assault.

3. Any Player who is referred to the Treatment Board will be evalu-

ated by the Medical Representatives of the Treatment Board in the

case of an alcohol use problem, or by a neutral expert selected by

the Medical Representatives of the Treatment Board in the case of

off-field violence. The purpose of the initial evaluation is to deter-

mine whether the Player could benefit from a Treatment Program,

and if so, the type of Treatment Program that would be most

effective for the Player involved.

4. A Player’s participation in any Treatment Program is voluntary. A

Player’s failure to participate in any Treatment Program shall not

subject the Player to discipline. A Player’s referral to the Treat-

ment Board is not intended to supplant any right a Club or the

Office of the Commissioner may have under the UPC or Basic

Agreement to discipline a Player for his conduct, or any potential

defenses of the Player or the MLBPA to such discipline. The

Player’s participation in any Treatment Program shall be consid-

ered as a mitigating factor in any discipline imposed by either the

Club or the Office of the Commissioner.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

241

ATTACHMENT 28

MAJOR LEAGUE PLAYER TOBACCO POLICY

A. PROHIBITIONS

1. Ballparks Subject to State or Local Ordinance. Effective

December 1, 2016, the use of all tobacco products—including

smokeless tobacco, cigarettes, and e-cigarettes (collectively,

“Tobacco Products”)—by Players is prohibited in any ballpark

where such use is prohibited by state or local law or ordinance

(“Prohibited Ballparks”). This prohibition shall apply on-field

during games. For purposes of this policy, “on-field” shall

include all areas of the ballpark that are visible to fans and/or

broadcast cameras (e.g., the playing field, dugout, and bullpen).

The Clubs who play in Prohibited Ballparks, as of December

1, 2016, are: Boston Red Sox, Chicago Cubs, Chicago White

Sox, Los Angeles Angels of Anaheim, Los Angeles Dodgers,

Milwaukee Brewers, New York Mets, New York Yankees,

Oakland Athletics, San Diego Padres, San Francisco Giants,

and Washington Nationals. All Prohibited Ballparks will be

required to comply with all signage and notification require-

ments of the applicable state or local ordinance.

2. Ballparks That Become Subject to State or Local Ordi-

nance. If, after December 1, 2016, a state or municipality

passes a law or ordinance banning the use of Tobacco Products

in a ballpark that is not listed in Paragraph 1 above, the prohi-

bitions in Paragraph 1 above shall apply in that new ballpark

as of the date that new law or ordinance takes effect and that

ballpark shall thereafter be considered a Prohibited Ballpark.

In such an event, the Office of the Commissioner and the Play-

ers Association shall send a joint memorandum to all Players

notifying them of the new restriction.

3. Players Without Major League Service Prior to 2017.

Effective December 1, 2016, any Player who had no credited

Major League service at the end of the 2016 season (i.e., a

Player who makes his Major League debut during the 2017

season or later) is prohibited from using Tobacco Products

242

on-field during games in every ballpark. In addition, such

Players shall be prohibited from using Tobacco Products (i)

during televised interviews, and (ii) during Paragraph 3(b)

appearances on behalf of the Club.

4. Players With Major League Service Prior to 2017. In addi-

tion to the restrictions on the use of Tobacco Products at Pro-

hibited Ballparks set forth in Paragraphs 1 and 2 above, any

Player who has been credited with at least one day of Major

League service as of the end of the 2016 season is prohibited

from using smokeless tobacco (i) during televised interviews,

and (ii) during Paragraph 3(b) appearances on behalf of the

Club.

5. Requirement to Conceal. At any time when fans are permit-

ted into any ballpark, all Players must conceal Tobacco Prod-

ucts (including tobacco tins and packages) and may not carry

Tobacco Products (including tobacco tins or packages) in their

uniform or on their body.

6. Penalties. The penalties for violating the prohibitions in

Paragraphs 1 through 5 above shall be:

(a) First

Violation—Written warning and referral to the par-

ties’ Smokeless Tobacco Cessation Consultant (the “Ces-

sation Consultant”) to develop a Tobacco Cessation

program (see Section C below).

(b) Second and Subsequent

Violations—A fine shall be issued

for any second or subsequent violation in the amount spec-

ified in the applicable state or local law or ordinance. In

ballparks where no state or local law or ordinance applies,

or where the ordinance does not provide a fine amount, the

fine shall be $250 per violation.

Violations will not carry over from year to year over the course

of a Player’s career. All fines will be subject to challenge under

the Grievance Procedure of the Basic Agreement. Fine

amounts collected pursuant to this Policy shall be split evenly

between (i) offsetting the cost of nicotine replacement thera-

pies (“NRT”) and/or other cessation services to Players; and

(ii) the Major League Baseball Players Trust.

243

B. EDUCATION

1. The Parties, in conjunction with the Cessation Consultant, will

create joint educational programs and materials for Players

regarding the dangers of smokeless tobacco. Written materials

will be distributed to all Players during each Spring Training

of the Basic Agreement. The Parties also will develop an on-

line educational program for Players regarding the dangers of

smokeless tobacco and available cessation options.

2. The Parties, in conjunction with the Cessation Consultant,

will create joint educational programs and materials for the

public (i.e., public service announcements) regarding the dan-

gers of smokeless tobacco. These educational pieces will

feature Major League Players and will focus on a youth audi-

ence. These educational pieces will be played online on the

Parties’ respective websites; during games in Major League

ballparks; during broadcasts of the All-Star, post-season and

World Series games; and during any other game broadcast on

FOX, ESPN, TBS or the MLB Network pursuant to national

broadcasting agreements entered into by the Office of the

Commissioner.

C. CESSATION

1. All Players will be provided with a list developed by the Ces-

sation Consultant of a multi-disciplinary tobacco specialist

network of professionals and organizations that provide confi-

dential treatment options for tobacco cessation.

2. Players who express interest in or who are referred for a

Tobacco Cessation program pursuant to Paragraph 6(a) above

will be provided with personal and confidential treatment

options for tobacco cessation overseen by the Cessation Con-

sultant.

3. All Tobacco Cessation programs will include evidence-based

tobacco treatment based on accepted clinical practice guide-

lines including, but not limited to, counseling, individual or

group therapy, recommendations for NRT, or other forms of

treatment recommended by the Cessation Consultant. Costs of

244

Tobacco Cessation programs will be covered by the Major

League Baseball Players Benefit Plan.

4. NRT (e.g., patches, gums, lozenges) will be provided by the

Parties in every Major League Clubhouse.

D. ORAL EXAMINATIONS

1. All annual physical examinations of Players in Spring Train-

ing shall include oral examinations.

2. All Players identified as tobacco users during their annual

physical examination will be provided with contact informa-

tion for the Cessation Consultant.

245

ATTACHMENT 29

Major League Baseball’s Weapon-Free Workplace Policy

The Commissioner has implemented the following policy regard-

ing the possession of deadly weapons by individuals affiliated with

Major League Baseball.

Coverage: This policy applies to all employees and independ-

ent contractors (hereinafter “Covered Individual”) of Major League

Clubs (at both the Major and Minor League level, including players),

the Office of the Commissioner, MLB Properties, MLB Advanced

Media, MLB Media Holdings, MLB Online Services, the MLB Net-

work, and all other entities operated by Major League Baseball (here-

inafter referred to as “MLB Entities”).

Prohibition: All Covered Individuals are prohibited from pos-

sessing deadly weapons while performing any services for MLB Enti-

ties, including while traveling on business (e.g., road games). In

addition, except as required by local law, MLB Entities shall prohibit

the possession or use of deadly weapons in any facility or venue

owned, operated, or controlled by it. A deadly weapon is any instru-

ment or device designed primarily for use in inflicting death or injury

to a human or animal or is capable of inflicting death or injury if used

in the manner it was designed, including, but not limited to, firearms,

explosives, daggers, metal knuckles, switchblade knives, and knives

having blades exceeding five inches.

Exemptions:

1. Resident Security Agents or Club Security Personnel who

work in law enforcement and are required to carry their weapons pur-

suant to local law or regulation.

2. Qualified law enforcement personnel engaged in official

duties.

3. Possession of firearms in a parking lot only in jurisdictions

where such possession is protected by local law, and only to the extent

protected by local law.

4. An exemption granted by the Office of the Commissioner

for legitimate security reasons or to comply with applicable legal

requirements.

Reporting: All violations of this policy should be reported to

the Security Department of the Office of the Commissioner.

246

ATTACHMENT 30

Rick Shapiro

Senior Advisor to the Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: All-S

tar Game Usage for Sunday Pitchers

Dear Rick:

As you know, the Parties recently agreed to discontinue the “Sun-

day Pitcher Rule” that previously appeared in Article XV(O)(4)(e)(ii)

of the 2012–2016 Basic Agreement. The purpose of this letter is to

memorialize various understandings that the Parties have reached in

order to protect the health and safety of starting pitchers who are

elected or selected to an All-Star team and who make a start on the

Sunday immediately preceding the All-Star Game (a “Sunday

Pitcher”). The provisions of this letter shall apply only to pitchers who

start a game on the Sunday immediately preceding the All-Star Game.

1. A starting pitcher who has a bona fide concern relating to his

short-term or long-term fitness to play, may request either directly or

through his Club any usage restriction that is reasonably necessary to

accommodate such concerns (a “Usage Accommodation”). Potential

Usage Accommodations include, without limitation, an inning(s) limit,

a limit on the number of batters faced, a pitch limit, availability for

extra innings only, or no use at all. All requests for a Usage Accommo-

dation—including, but not limited to, a request by a Sunday Pitcher to

be held from the game entirely—must be submitted in writing to the

Office of the Commissioner within 48 hours from the time the pitcher

is named to the All-Star Game roster.

2. If a starting pitcher who properly submitted a request for a

Usage Accommodation becomes a Sunday Pitcher, the Office of the

Commissioner will consider the following (without limitation) in

determining whether to grant or deny the request:

a. Time spent on the Disabled List in the current season or

prior season, if any;

247

b. Any work-related surgery performed in the previous

eighteen months, including but not limited to a ulnar col-

lateral ligament reconstruction;

c. Any innings limitations put in place by the Club for the

current season;

d. The workload of innings pitched in the current season

and/or the prior season;

e. Any information submitted by a Player’s Team Physi-

cian, General Manager, Field Manager or Pitching

Coach; and

f. Any other relevant information.

3. If a Usage Accommodation is granted by the Office of the

Commissioner to a Sunday Pitcher, the specifics of the accommodation

will be discussed and agreed upon by the Player in question, his Club

and the Field Manager of the All-Star team in question, with any dis-

putes resolved by the Office of the Commissioner after it consults with

the Players Association. If a Sunday Pitcher obtains a Usage Accom-

modation directing that he be held from the game entirely, he will be

replaced on the roster but treated in the same manner as other All-Stars

who are excused from participation, and he will also be encouraged to

attend and be announced at the All-Star Game.

4. For purposes of clarity, this letter supplements and in no way

supersedes the exceptions to mandatory All-Star Game participation in

Article XV(N)(3)(e)(i) of the Basic Agreement.

Please acknowledge your agreement to the above terms by sign-

ing below.

Very truly yours,

Daniel R. Halem

AGREED BY:

________________

Rick Shapiro

Major League Baseball

Players Association

248

ATTACHMENT 31

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

This will memorialize our agreement regarding the calculation of cost

of living adjustments (“COLAs”) under the Basic Agreement. Specif-

ically, we have agreed to round the fractions utilized to calculate

COLAs to five decimal places to the right of the decimal point (or

three places, if the fraction is expressed as a percentage).

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

249

ATTACHMENT 32

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

This will confirm our agreement that the proper approach to calculat-

ing the number of days that a Player is on optional assignment for pur-

poses of calculating Major League service under the Basic Agreement

is as follows:

1. Players who are optioned and then designated for assign-

ment while on option—The optional assignment date

counts as day one of the option and the designated for

assignment date is counted as the last day of the optional

assignment.

2. Players who are optioned and then released while on option

—The optional assignment date counts as day one of the

option and the date that the player is released from the 40-

man roster is counted as the last day of the optional assign-

ment.

Pursuant to Article XXI(B), for a Player who is recalled from an

optional assignment, whether the recall is to report or not to report, the

date of the recall does not count as a day of the option unless the recall

takes place after the start of any Minor League game in which the

Player was eligible to play.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

250

ATTACHMENT 33

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony,

This will memorialize our agreement that the Parties will, at the request

of the MLBPA, schedule individual meetings with specific Clubs to dis-

cuss media access to the Club’s clubhouse, including, but not limited to,

the Club’s processes for credentialing members of the local media and

the use of interview rooms to ease congestion in the clubhouse after the

game. Player representatives, Club representatives and Commissioner’s

Office representatives will be invited to the meeting.

Moreover, the Clubs have agreed that the MLBPA has the right to

grieve an asserted violation of paragraphs 1 and 2 of the Regular

Season Club/Media Regulations (“Media Regulations”). See Attach-

ment 34. The MLBPA shall also have the right to grieve an asserted

failure by the Commissioner’s Office to enforce paragraph 12 of the

Media Regulations. Nothing in this agreement shall alter whatever

right the MLBPA may have (or may not have) to challenge under Arti-

cle XI any other asserted violation of the Media Regulations, and this

agreement is without prejudice to the Parties’ respective legal positions

on that issue.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

251

ATTACHMENT 34

REGULAR SEASON

CLUB/MEDIA REGULATIONS

The following are Major League Baseball’s regulations for Club/

Media Relations. They are to be observed by all parties:

1. All accredited press, radio and TV representatives shall have pre-

game access to the clubhouse from three hours and 30 minutes

prior to game time until one hour prior to game time, except that:

(a) the media shall not have access to the clubhouse when a club

is on the field for batting practice; and (b) the media may not

return to a clubhouse once a club has taken batting practice. The

media shall have pre-game access to the clubhouse for a minimum

of 50 minutes prior to the time that a Club mandates that all play-

ers take the field for batting practice or other related activities

(e.g., stretching). If a Club does not take batting practice, it may

not close the clubhouse until the media has been granted a mini-

mum of 50 minutes of access. Unless necessary to satisfy the

50-minute requirement, no Club may provide pre-game access

prior to three hours and 30 minutes prior to game time. The media

shall have access (outside of the clubhouse) to the Club’s man-

ager, players or coaches after batting practice to discuss newswor-

thy events (such as lineup changes, injuries, and workouts) that

occur after the clubhouse closes.

2. Absent unusual circumstances that require a team meeting imme-

diately following a game, the working media shall have access to

both clubhouses no later than 10 minutes following the final out

of each game (including doubleheaders and day/night split admis-

sion games). When such unusual circumstances exist, and such

instances are expected to be rare, the working media shall have

access to the clubhouse no later than 20 minutes following the

final out of the game. The Commissioner’s Office reserves the

right to require access to the clubhouse 10 minutes following the

final out of all games if the “team meeting” exception is abused.

252

3. The working media’s access following a game shall be for a

period no longer than one hour unless reasonable access to play-

ers is not provided during that time; provided, however, that card-

carrying members of the Baseball Writers Association of America

(“BBWAA”) will have unlimited access after the post-game open-

ing of the clubhouse. If reasonable access is not provided, the

clubhouse must remain open. Members of the media, other than

BBWAA members, may make arrangements with the club PR

Director for extended access.

4. Media credentials are not transferable.

5. Clubhouses, the dugouts and the field are off-limits except to

appropriate club, Commissioner’s Office personnel and media

bearing appropriate credentials. Club credentials are not to be

issued to unauthorized personnel. The Commissioner’s Office

reserves the right to revoke inappropriately issued credentials.

6. Players will be available to the media before and after games for

interviews. These periods should not be limited except for the pre-

game period described in #1 above, and the post-game period

described in #2, above. Upon request by the media, players who

had key roles in the first game of a doubleheader are to be made

available for a time between games.

7. The trainer’s room and players’ lounge may be off-limits to the

media, but each club controls these areas, and it is vital these areas

not be used as a sanctuary for players seeking to avoid the media.

It is very important to our game that ALL players are available to

the media for reasonable periods and it is the player’s responsibil-

ity to cooperate.

8. Ropes or other restraining barriers are not permitted to bar the

media.

9. A general code is to be observed by the media so uniformed per-

sonnel may do their work unimpeded. Media are to be allowed in

foul territory, in an unrestricted manner, in an area that is to be not

less than the territory between first and third bases, and which ter-

ritory includes the area around the batting cage, except the dirt

area around the batting cage.

253

10. Under no circumstances shall any club discriminate in any fash-

ion against an accredited member of the media based upon race,

creed, sex or national origin.

11. Physical abuse or threats directed to members of the media

(and/or official scorers) by baseball personnel will not be toler-

ated. Disciplinary action, including fines and suspensions, will be

considered in any cases that arise. While in the clubhouse, mem

bers of the media are expected to be doing business. Members of

the media are expected to conduct themselves in a professional

manner and to respect the privileges and environment of restricted

areas and working press areas at all times. Any media member in

violation of this conduct policy is subject to revocation of his or

her privileges and may be subject to immediate ejection.

12. Visitors in the clubhouse, including accredited media members,

should conduct themselves in a professional manner. There shall

be no seeking of autographs, no touching or removing of equip-

ment or personal items from lockers, and no sampling of players’

food spreads. Clubhouses are work places. Clubhouse business

should be conducted as expeditiously as possible with a minimum

of disruption of regular game routines. Members of the media

should not excessively linger in the clubhouse when not inter

viewing players. Members of the media who violate the code of

conduct set forth in this paragraph shall be subject to sanctions,

including the loss of their accreditation as provided for in para

graph 17 below.

13. Live TV and/or radio interviews with uniformed personnel during

the course of a game are not authorized or permitted, nor is attach-

ing a microphone to any uniformed personnel permitted without

approval from the Commissioner’s Office. Microphones may not

be placed in or adjacent to dugouts and/or bullpens in a manner

that will allow uniformed personnel’s remarks or conversations to

be overheard during the course of a game without the prior

approval of the Commissioner’s Office.

14. Live telephone interviews are not allowed from the clubhouse or

the field without prior approval of the club. Mobile telephones

with digital photography capabilities are prohibited.

254

15. Telephones from both dugouts to the press box are to be main-

tained in working order for the purpose of providing information

regarding special circumstances to the media during the course of

a game. Explanations of injuries should be made as soon as pos-

sible (to both the media and fans in the stadium).

16. BBW

AA members are not required to sign in for clubhouse or

other restricted area access but may be logged in by club person-

nel, subject to individual club policies. Other accredited media

may be required to sign in for clubhouse access, subject to indi-

vidual club policies.

17. Any club whose personnel violate these regulations will be disci-

plined. Any member of the media who violates these regulations

will lose his or her accreditation.

###

255

ATTACHMENT 35

Tony C. Clark

Executive Director

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear Tony:

This letter memorializes certain understandings that the Parties have

reached during the negotiations over a successor to the 2012–2016

Basic Agreement. This letter shall be admissible in any arbitration

hearing involving an issue addressed herein.

A Club has the right under Regulation 2 of the Uniform Player’s Con-

tract (“UPC”) to designate the doctors and hospitals furnishing medical

care and hospital services to a Player for injuries sustained in the course

and within the scope of his employment under his UPC. A Player is

entitled under Article XIII(D) of the Basic Agreement to go to a doctor

on the second medical opinion list for diagnosis and a second medical

evaluation of an employment related illness or injury being treated by

the Club physician. The Parties have had a disagreement regarding Club

and Player rights when a second medical opinion doctor and a Club

physician disagree on the appropriate course of treatment for a Player’s

employment-related injury, including but not limited to disagreement

over whether medical procedures not yet approved by the United States

Food and Drug Administration qualify as “reasonable medical

expenses” under Regulation 2 of the UPC. Without attempting to

resolve this disagreement, the Parties will continue to attempt to avoid

disputes that might otherwise arise between Players and Clubs in this

area by, among other things, urging their constituents to agree upon a

qualified third physician expert in the appropriate medical specialty

who would resolve the dispute between the Club physician and the sec-

ond medical opinion doctor as to the appropriate course of treatment.

There have been other circumstances in which the Club physician and

a Player’s second medical opinion doctor agree that a particular sur-

gery is the appropriate course of treatment but the Player and Club dis-

agree as to who should perform the surgery. While the Club has the

right to designate the doctors and hospitals when a Player is undergo-

256

ing a surgery for an employment related injury, the Clubs understand

the importance of a Player being comfortable with the physician per-

forming any such surgery. As a result, the Office of the Commissioner

will continue to advise Clubs that they should take a Player’s reason-

able preferences into account when designating doctors to perform sur-

gery under Regulation 2. As part of this commitment, the Office of the

Commissioner will advise the Clubs that in no event should they force

a Player to have a surgery performed by the Club physician but should

instead, in any case in which a Player has objected to the surgery being

performed by the Club physician, designate another physician to per-

form the surgery.

Finally, disputes have also arisen with respect to which travel costs are

appropriately considered part of the “reasonable medical expenses” for

which a Club is responsible under Regulation 2 of the UPC. The par-

ties agree that for any surgical procedure, medical exam or other sim-

ilar medical appointment conducted under Regulation 2, the Club shall

be obligated to provide or reimburse first-class airfare for the player’s

companion, but only when travel with a companion has been recom-

mended by a treating physician. In addition, the Office of the Commis-

sioner recognizes that “reasonable medical expenses” include actual

and reasonable travel costs associated with required follow-up exami-

nation(s) with the surgeon who performed covered surgery, and the

Association, on the other hand, recognizes that “reasonable medical

expenses” would not include travel costs incurred by a Player to see a

doctor for routine examination(s) that could have been appropriately

performed by a local doctor designated by the Club.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

257

ATTACHMENT 36

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

This letter will memorialize our agreement regarding the assessment

and management of concussions suffered by Major League Players.

1. The following protocols will govern the assessment and manage-

ment of concussions by each Club’s medical staff:

A. All Players will undergo neurocognitive baseline testing dur-

ing Spring Training or when they join a Club each season.

B. If a Player is involved in an incident during a game that is

associated with a high risk of concussion, the game will be

stopped and the Player will be evaluated on the field for a

potential concussion by a Certified Athletic Trainer (“ATC”)

following the National Athletic Trainers’ Association

(“NATA”) guidelines for management of sports-related con-

cussions.

C. If the ATC detects any sign and/or symptom of a concussion

during an on-field evaluation, the Player will be removed

from the game and brought to the clubhouse for further eval-

uation.

i. A Sports Concussion Assessment Tool (“SCAT3”)

assessment will be performed in the clubhouse by the

ATC and/or the Club Physician to determine if a concus-

sion has occurred. A copy of the SCAT3 form, which

must be completed during the assessment, is attached

hereto as Exhibit A.

ii. If the SCAT3 assessment determines that a concussion

has not

occurred, serial examinations will be performed

between innings for the remainder of the game. If the

SCAT3 assessment determines that a concussion has

occurred, the Club, in consultation with the ATC and the

258

Club Physician, will determine if the concussed Player

should be placed on a Disabled List (“DL”), and if so,

which one.

D. If the ATC does not

detect any sign and/or symptom of a con-

cussion during the on-field evaluation, the Player may

remain in the game, but serial examinations should be per-

formed between innings for the remainder of the game. Any

change in the Player’s neurological status will result in

immediate removal from the game and further evaluation in

the clubhouse.

2. The Parties will establish a 7-day DL solely for the placement of

Players who suffer a concussion. The following protocols will

govern the placement of a concussed Player on the 7-day DL:

A. Players are eligible for the 7-day DL only if they suffer an

acute concussion.

B. The occurrence of the injury, including all of the relevant

details, must be documented through an Event Form in the

Electronic Medical Records System.

C. In lieu of a Standard Form of Diagnosis, which is required to

place a Player on the DL under Article XIII(C) of the Basic

Agreement, the ATC and the Club Physician will prepare and

submit simultaneously to the Office of the Commissioner and

the Players Association a concussion-specific diagnostic form

that includes the following information: (i) the date and mech-

anism of the injury; (ii) the signs and symptoms of impair-

ment; (iii) confirmation that a SCAT3 assessment was

performed by an ATC and/or a Club Physician, and that the

assessment indicated a concussion had occurred; and (iv) the

basis for diagnosis of a concussion. Copies of the concussion-

specific diagnostic forms for 7-day and 10-day DL place-

ments are attached hereto as Exhibits B and C, respectively.

D. The concussion-specific diagnostic form and any supporting

information (including, but not limited to, the completed

SCAT3 form) must be submitted to [email protected]

, and

the Players Association must confirm receipt in writing

(which it will do promptly), before the Player may be placed

on the 7-day DL. MLB’s Medical Director will review the

259

information as soon as it is received, and inform the Com-

missioner’s Office if the 7-day DL placement is approved.

The Commissioner’s Office will then simultaneously

inform the Players Association and the Club of the approval

and enter the 7-day DL placement into eBis. If the Medical

Director or the MLBPA expert questions whether the Player

qualifies for the 7-day DL, they shall consult with each

other as well as one of the outside experts on the Commit-

tee prior to making his decision. In the event the Medical

Director and the MLBPA expert are unable to agree on the

approval of the 7-day DL placement, they shall refer the

matter to an independent expert selected by the Parties, who

will determine in his sole discretion whether the placement

should be approved.

E. Except for rehabilitation assignments as described in Para-

graph 2(F) below, a Player placed on the 7-day DL will be

treated the same as a Player placed on the 10-day DL for all

purposes, including roster limits, transfers to the 60-day DL,

etc. If a concussed Player is not able to return to play in seven

days, the Player may be recertified for a subsequent place-

ment on the 7-day DL. Any Player on the 7-day DL for more

than 9 days will be transferred automatically and retro-

actively to the 10-day DL, effective with the first day of the

initial placement, and with the prior 9 days applying to the

initial 10-day minimum period.

F. A concussed Player on the 7-day DL who has been cleared to

return to play may then consent to an assignment to a Minor

League affiliate of his Club under the terms of Article

XIX(C)(3), except that such assignment shall not exceed five

(5) days for non-pitchers and eight (8) days for pitchers,

unless the Player is not able to return to play within 14 days

of the initial 7-day placement, in which case the maximum

periods shall be 20 and 30 days, respectively.

3. If the Club, in consultation with the ATC and the Club Physician,

decides to place a Player on the 10-day or 60-day DL for a concus-

sion, the Club must prepare and submit simultaneously to the

Office of the Commissioner and the Players Association the con-

cussion-specific diagnostic form rather than the Standard Form of

260

Diagnosis that is required under Article XIII(C) of the Basic

Agreement. However, a Club may place a Player on the 10-day or

60-day DL for a concussion without the prior approval of the Com-

missioner’s Office that is required for placement on the 7-day DL.

4. Before any Player that has suffered a concussion is permitted to

return to play in any game, regardless of whether the Player was

previously placed on a DL for such injury, the Club must submit

a “Return to Play” form and the supporting certifications and doc-

ument referenced below, to MLB’s Medical Director and the Play-

ers Association, and the Players Association must confirm receipt

in writing (which it will do promptly). The Return to Play Form,

a copy of which is attached hereto as Exhibit D, must contain the

following certifications by the Club Physician and the ATC: (i) all

symptoms have resolved; (ii) ImPACT testing has returned to

range of baseline; (iii) the Player experienced no symptoms with

exertion and baseball-related activities; (iv) the SCAT3 is within

normal limits; and (v) the Club Physician has cleared the Player

to participate in baseball activities. The Return to Play form must

also be accompanied by the documentation supporting these cer-

tifications, including, but not limited to, copies of all ImPACT and

SCAT3 tests (including the SCAT3 from the time of injury), the

current neurocognitive test score, the baseline neurocognitive test

scores, and any reports by the Club Physician and the ATC.

5. If the Medical Director or the MLBPA expert questions whether

the Player should be returned to play, they shall consult with each

other as well as one of the outside experts on the Committee prior

to making a decision. In addition, the Medical Director may direct

the Club to have the Player evaluated by an MLB-approved MTBI

specialist in the Club’s home city before the Player is permitted to

return to play. In the event the Medical Director and the MLBPA

expert are unable to agree on the Player’s return to play, they shall

refer the matter to an independent expert selected by the Parties,

who will determine in his sole discretion whether the Player

should return to play.

6. The Commissioner’s Office will conduct an orientation for Club

medical staffs regarding the protocols described herein, and will

arrange training and education sessions for Club personnel

throughout the course of the season and during the off-season, in

261

which Players Association officials may participate. Club person-

nel will also be advised of concussion-related continuing education

sessions conducted by the NATA and other national organizations.

Finally, the Commissioner’s Office and the Players Association

will jointly create and distribute educational materials for Players

on the assessment and management of concussions, including a

Concussion Information Sheet and a joint memorandum.

7. This agreement shall constitute an “agreement” within the mean-

ing of Article XI(A)(1)(a) of the Basic Agreement. In the event a

Grievance is filed pursuant to Article XI of the Basic Agreement

alleging non-compliance with the terms of this agreement, the

Club, the Player involved, the Commissioner’s Office and the

Players Association will cooperate in scheduling the handling of

such Grievance so that it may be submitted to arbitration on an

expedited basis, consistent with the procedures in Article XI gov-

erning grievances involving Player safety and health.

8. The Parties will mutually agree upon a report to be compiled

annually by the epidemiologist that will provide a summary of

concussion activity for the preceding season, including the num-

ber of events, the circumstances attendant thereto, and the results

of any treatment programs. Within 30 days of the issuance of the

report, the Parties shall meet to discuss the report’s contents and

to review the functioning of the protocols and procedures estab-

lished by this agreement.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

262

MLB CONCUSSION ASSESSMENT TOOL (SCAT3)

This tool does not constitute, and is not intended to constitute, a standard of

medical care. It is a guide derived from the Standardized Concussion

Assessment Tool 3 (SCAT3), published in The BJSM Injury Prevention and

Health Protection (2013, Volume 47, Issue 5). This tool supersedes the orig-

inal MLB Concussion Assessment Tool distributed in 2011, and represents

a standardized method of evaluating MLB players for concussion consistent

with the reasonable objective practice of the healthcare profession. This

guide is not intended to be a substitute for the clinical judgment of the treat-

ing healthcare professional and should be interpreted based on the individ-

ual needs of the patient and the specific facts and circumstances presented.

FOR IMMEDIATE ASSESSMENT OF SUSPECTED HEAD

INJURY, COMPLETE SECTIONS 1 AND 2. SECTIONS 1 AND 2

DO NOT

NEED TO BE COMPLETED WHEN REPEATING

ASSESSMENT TOOL.

MADDOCKS SCORE

“I am going to ask you a few questions. Please listen carefully and give your best effort.”

Modified Maddocks Questions (1 point for each correct)

Which stadium are we in today? 0 1

What inning is it right now? 0 1

Who scored last? 0 1

Who did you play last game? 0 1

Did you win the last game? 0 1

Maddocks Score _____ of 5

Maddocks Score is validated for sideline assessment of concussion only and is not use for serial testing.

SIDELINE ASSESSMENT

Indications for Emergency Management

NOTE: A hit to the head can sometimes be associated with a more serious brain injury. Any of the following

warrants consideration of activating emergency procedures and urgent transportation to the nearest hospital:

- Deteriorating mental status

- Potential Spinal Injury

- Progressive, worsening symptoms or new neurologic signs

Potential Signs of Concussion?

If any of the following signs are observed after a direct or indirect blow to the head, player should be evaluated by a

medical professional and should be REMOVED FROM PLAY if a concussion is suspected.

Any loss of consciousness? Y N Loss of memory? Y N

If so, how long? _____________ If so, how long? _____________

Balance or motor incoordination? Y N Before or after the injury? Y N

Disorientation or confusion? Y N Blank or vacant look? Y N

Visible facial injury in combination with any of the potential signs of concussion above? Y N

If so, describe: ________________________________________________________________________

263

MLB Concussion Assessment Tool (SCAT3) (Continued)

Any player with a suspected concussion should be REMOVED FROM

PLAY and medically assessed, and should not be left alone or drive a

motor vehicle until cleared to do so by a medical professional. Problems

could arise over the first 24-48 hours. Player should go to a hospital at

once if they: 1) have a headache that gets worse; 2) become very drowsy

or can’t be awakened; 3) can’t recognize people or places; 4) have

repeated vomiting; 5) behave unusually, confused, or irritable; 7) have

seizures; 8) have weak or numb arms or legs; and/or 9) are unsteady on

their feet or have slurred speech. Remember, it is better to be safe.

SYMPTOM EVALUATION

Players should score themselves, based on how they feel at the time. (0=None, 1=Mild, 3=Moderate, 6=Severe)

Headache 0 1 2 3 4 5 6 “Don’t Feel Right” 0 1 2 3 4 5 6

Pressure in Head 0 1 2 3 4 5 6 Difficulty Concentrating 0 1 2 3 4 5 6

Neck Pain 0 1 2 3 4 5 6 Difficulty Remembering 0 1 2 3 4 5 6

Nausea or Vomiting 0 1 2 3 4 5 6 Fatigue/Low Energy 0 1 2 3 4 5 6

Dizziness 0 1 2 3 4 5 6 Confusion 0 1 2 3 4 5 6

Blurred Vision 0 1 2 3 4 5 6 Drowsiness 0 1 2 3 4 5 6

Balance Problems 0 1 2 3 4 5 6 Trouble Falling Asleep 0 1 2 3 4 5 6

Sensitivity to Light 0 1 2 3 4 5 6 More Emotional 0 1 2 3 4 5 6

Sensitivity to Noise 0 1 2 3 4 5 6 Irritability 0 1 2 3 4 5 6

Feeling “Slowed Down” 0 1 2 3 4 5 6 Sadness 0 1 2 3 4 5 6

Feeling “In a Fog” 0 1 2 3 4 5 6 Nervous or Anxious 0 1 2 3 4 5 6

Total Number of Symptoms _____ of 22

Symptom Severity Score _____ of 132

Do symptoms worsen with physical activity? Y N

Do symptoms worsen with mental activity? Y N

Self Rated  Self Rated and Clinician Monitored  Clinician Interview 

Overall Rating: If you know the player well prior to the injury, how different is he acting compared to his usual self?

Please Circle One Response: No Different Very Different Unsure N/A

BACKGROUND INFORMATION

Player __________________________ Position _______________________ Club ____________________________

Injury Date _______________ Time ___________ AM/PM During:  Game  Practice  Other ____________

Evaluation Date ___________ Time ___________ AM/PM Evaluator _________________________ ATC / MD / DO

Mechanism of Injury ___________________________________________________________________________________

How many concussions do you think you have had in the past? ____________________________________________

When was the most recent concussion? ____________________________________________

How long was your recovery from the most recent concussion? ____________________________________________

Have you ever been hospitalized or had medical imaging done Y N

for a head injury?

Have you ever been diagnosed with headaches or migraines? Y N

Do you have a learning disability, dyslexia or ADD/ADHD? Y N

Have you ever been diagnosed with depression, anxiety, or Y N

any other psychiatric disorder?

Are you on any medications? If yes, please list Y N ____________________________________

264

MLB Concussion Assessment Tool (SCAT3) (Continued)

265

INSTRUCTIONS

(Words in Italics below are the instructions

given to the player by the examiner)

I. Symptom Evaluation

To be completed by the athlete. In situations where the symptom scale

is being completed after exercise, it should still be done in a resting

state, at least 10 minutes post exercise. For total number of symptoms,

maximum possible is 22. For symptom severity score, maximum pos-

sible is 22 x 6 = 132.

II. Cognitive

Assessment

A. Immediate Memory

i. Trial 1: “I am going to test your memory. I will read you

a list of words and when I am done, repeat back as many

words as you can remember, in any order.”

ii. Trials 2 and 3: “I am going to repeat the same list

again. Repeat back as many words as you can remember

in any order, even if you said the word before.”

Complete all 3 trials regardless of score on trial 1 and 2.

Score 1 point for each correct response. Total score equals

sum across all 3 trials. Do not inform the player that delayed

recall will be tested.

B. Concentration

i. Digits Backward: “I am going to read you a string of

numbers and when I am done, repeat them back to me

backwards, in reverse order of how I read them to you.”

If correct, go to next string length. If incorrect, read trial

2. One point possible for each string length.

ii. Months in Reverse Order: “Now tell me the months of

the year in reverse order—December, November, etc.”

Score 1 point for entire sequence correct.

C. Delayed Recall: Should be performed after completion of

the Balance and Coordination Examinations. “Tell me as

many words from the list I read you earlier in any order.”

Score 1 point for each correct response.

266

III. Balance Examination

A. Modified Balance Error Scoring System (BESS) Testing

i. Double Leg Stance: “Stand with your feet together with

your hands on your hips and your eyes closed. Try and

maintain stability for 20 seconds. I will count the times

you move out of this position.”

ii. Single Leg Stance: “Stand on your non-dominant foot.

Try to maintain stability for 20 seconds with your hands

on your hips and your eyes closed. I will count the num-

ber of times you move out of this position.”

iii. Tandem Stance: “Stand heel-to-toe with your non-dom-

inant foot back and your weight evenly distributed

across both feet. Maintain stability for 20 seconds with

your hands on your hips and your eyes closed. I will be

counting the number of times you move out of this posi-

tion.”

Balance Testing Errors: 1) Hands lifted off iliac crest; 2)

Opening eyes; 3) Step, stumble or fall; 4) Moving hip into

> 30 degrees abduction; 5) Lifting forefoot or heel; or 6)

Remaining out of test position > 5 seconds.

Each of the three 20-second tests is scored by counting the

errors accumulated by the player. The maximum total num-

ber of errors for any single condition is 10.

IV. Coordination Examination (Upper Limb Coordination)

A. Finger-to-Nose (FTN) Task: “Please sit comfortably with

your eyes open and your arm outstretched, pointing in front

of you. When I give you the start symbol, perform five succes-

sive FTN repetitions using your index finger to touch the tip

of your nose, and then return to the starting position, as

quickly and as accurately as possible.” Scoring: 5 correct

repetitions < 4 seconds = 1.

267

Concussion Diagnostic Form for 7-Day Disabled List Placement

A completed form and any supporting information (including, but not limited to, a

completed SCAT3 form) must be submitted to [email protected]

before the player is

placed on the 7-day DL. The Commissioner’s Office will inform the Club if the 7-day

DL placement is approved and enter it into eBis.

Club Requesting that Player Be Placed on 7-Day DL Yes No

Player Name _____________________________________

Club ___________________________________________

Position _________________________________________

Nature of Injury (include video information if available)

Event Form Entered into EMR System Yes No

Date of Injury _________________ Diagnosis Description _____________________________________

Event that Caused Injury ________________________________________________________________

Was Player Removed from a Game? _______________________________________________________

Other Associated Injuries ________________________________________________________________

Basis of Concussion Diagnosis (attach SCAT3 Assessment Form if available)

Signs and Symptoms of Impairment _______________________________________________________

_____________________________________________________________________________________

SCAT3 Assessment Performed Yes No

SCAT3 Performed By _____________________________

SCAT3 Assessment Indicated a Concussion Yes No

Certifications

Home Club Physician Name ________________ Home Club Physician Signature___________________

Date ________________

Player’s Club ATC Name __________________ Player’s Club ATC Signature _____________________

Date ________________

cc: Player

Players Association

268

Concussion Diagnostic Form for 10-Day Disabled List Placement

Clubs must submit this form in lieu of the Standard Form of Diagnosis to place a

player on the 10-Day DL for a concussion. A Club may place a player on the 10-Day

DL for a concussion without the preapproval from the Commissioner’s Office as is

required for placement on the 7-Day DL.

Club Requesting that Player Be Placed on 10-Day DL for a Concussion Yes No

Player Name _____________________________________

Club ___________________________________________

Position _________________________________________

Nature of Injury (include video information if available)

Event Form Entered into EMR System Yes No

Date of Injury __________________ Diagnosis Description ____________________________________

Event that Caused Injury ________________________________________________________________

Was Player Removed from a Game? _______________________________________________________

Other Associated Injuries ________________________________________________________________

Basis of Concussion Diagnosis (attach SCAT3 Assessment Form if available)

Signs and Symptoms of Impairment _______________________________________________________

_____________________________________________________________________________________

SCAT3 Assessment Performed Yes No

SCAT3 Performed By _____________________________

SCAT3 Assessment Indicated a Concussion Yes No

Certifications

Home Club Physician Name ________________ Home Club Physician Signature___________________

Date ________________

Player’s Club ATC Name __________________ Player’s Club ATC Signature _____________________

Date ________________

cc: Player

Players Association

269

Concussion Return to Play Form

Prior to the time a concussed player is permitted to play in any game (including

Major League, Minor League, or Extended Spring Training games), the Club must

submit this form to MLB’s Medical Director. Submission of this form is required irre-

spective of whether the player was placed on the Disabled List, and applies to both

the Major League and Minor League levels.

Player Name __________________________________________

Club _________________________________________________

Position ______________________________________________

Concussion Symptom Data

Date of Injury ___________________ Diagnosis Description___________________________________

Returning From: Active Roster 7-Day DL 10-Day DL 60-Day DL

Name of Consulting MTBI Specialist ______________________________________________________

All Concussion Symptoms Resolved Yes No

Neuropsychological Testing has Returned to the Range of Baseline* Yes No

Player Experienced No Symptoms with Exertion Yes No

Player Experienced No Symptoms with Baseball-Related Activities Yes No

SCAT3 Last Performed on ___________________ is Within Normal Limits* Yes No

Club Physician has Cleared Player to Participate in Baseball-Related Activities Yes No

Limitations, if any, Placed on Player by Club Physician _______________________________________

____________________________________________________________________________________

Certifications

Club Physician Name _______________________ Club Physician Signature ______________________

Date ___________________

Club ATC Name ___________________________ Club ATC Signature __________________________

Date ___________________

*Attach most recent SCAT3 results and neuropsychological test results (baseline and most recent)

270

Concussion Diagnostic Form for

Player Not Placed on the Disabled List

Clubs must submit this form to MLB’s Medical Director any time a player is diag-

nosed with a concussion, and is not placed on the Disabled List.

Player Name _____________________________________

Club ___________________________________________

Position _________________________________________

Nature of Injury (include video information if available)

Event Form Entered into EMR System Yes No

Date of Injury _________________ Diagnosis Description _____________________________________

Event that Caused Injury ________________________________________________________________

Was Player Removed from a Game? _______________________________________________________

Other Associated Injuries ________________________________________________________________

Basis of Concussion Diagnosis (attach SCAT3 Assessment Form if available)

Signs and Symptoms of Impairment _______________________________________________________

_____________________________________________________________________________________

SCAT3 Assessment Performed Yes No

SCAT3 Performed By _____________________________

SCAT3 Assessment Indicated a Concussion Yes No

Certifications

Home Club Physician Name ________________ Home Club Physician Signature___________________

Date ________________

Player’s Club ATC Name __________________ Player’s Club ATC Signature _____________________

Date ________________

cc: Player

Players Association

271

ATTACHMENT 37

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

This letter will memorialize our agreement on “mini-camps.”

1. Mini-camps shall be limited to workouts and activities designed

to acclimate players to a Major League clubhouse (e.g., seminars

on handling the media, team-building exercises, casual group

activities, etc.). Clubs may not negotiate or attempt to negotiate

directly with a Player his salary or other terms of a Uniform

Player’s Contract (“UPC”) during a mini-camp.

2. Clubs may hold mini-camps that include 40-man roster Players

for no more than seven days during the month of January. The

mini-camp must be located at the Club’s Spring Training facility or

in the Club’s home city and must be completed before February 1.

3. The only 40-man roster Players who may be invited to attend a

mini-camp are those with less than three years of Major League

service who also are not eligible for salary arbitration that year

(“Eligible Invitees”). No more than 15 Eligible Invitees may be

invited to a Club’s mini-camp.

4. Attendance by 40-man roster Players at a Club’s mini-camp is

purely voluntary. The Parties acknowledge that it is essential to

this agreement that Clubs refrain from any activity which suggests

that invitations to mini-camps are anything less than entirely up to

the Player. There will be no consequences to an Eligible Invitee if

he decides not to attend.

5. On or before December 15, the Club must identify for the Office

of the Commissioner any 40-man roster Players that the Club

wishes to invite to attend mini-camp in January. The Office of the

Commissioner, in turn, will inform the Association of which

Clubs intend to conduct mini-camps and identify any 40-man

roster invitees.

272

6. All invitations sent to 40-man roster Players to a Club’s mini-

camp must come exclusively through the Office of the Commis-

sioner in the form of the following standard invitation letter, a

copy of which shall be provided to the Players Association con-

temporaneously with the invitation to the Player:

On behalf of the Club, you are hereby invited to attend a

mini-camp that the Club will hold at the following dates,

times and locations. First-class jet air and hotel accommoda-

tions, if practicable, will be provided. Please be advised that,

pursuant to Attachment 37 of the Basic Agreement between

the 30 Major League Clubs and the Major League Baseball

Players Association, attendance at this mini-camp is purely

voluntary. There will be absolutely no consequences if you

decide not to attend.

Please let me know by January 1 whether you plan to attend the

mini-camp. Feel free to contact me if you have any questions.

7. Clubs may not follow-up on the invitation of a 40-man Player

either in writing or verbally, or either directly or indirectly (e.g.,

through an agent). The Office of the Commissioner will coordi-

nate any logistical follow-up that is necessary. However, if a

Player responds directly to the Club rather than the Commis-

sioner’s Office, the Club may then proceed to coordinate travel

plans and inform the Player of any other pertinent details.

8. Nothing herein is intended to restrict or otherwise modify a Club’s

rights under Regulation 2 to prescribe or direct treatment for, or

otherwise follow-up on the health or medical condition of, an

injured player during the off-season.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

273

ATTACHMENT 38

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

This will confirm our agreement that Clubs and Players are prohibited

from including as a Special Covenant to a Uniform Player’s Contract

(“UPC”) a provision that requires the Club to provide the Player with

the same terms for a particular benefit that the Club provides to another

Player in a subsequently entered UPC. (These provisions are commonly

referred to in the vernacular as “most favored nations” provisions.)

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

274

ATTACHMENT 39

Consent Form Rehabilitation Assignment

To: _____________________ Date: ________________

_____________________ consents to his assignment to ___________

__________ for __________ days the purpose of rehabilitation as pro-

vided under the terms of the Basic Agreement.

(Player Initials):

_____ I understand that under the Basic Agreement my written con-

sent is required to initiate a rehabilitation assignment, and that

the duration of my rehabilitation assignment must be negoti-

ated with the Club.

_____ I have negotiated with the Club and hereby consent to a reha-

bilitation assignment of up to _____ days.*

* (Maximum of twenty (20) days for position players; thirty

(30) days for pitchers.)

Player’s Signature

Date

Important

cc: Office of the Commissioner (Baseball Operations)

Labor Relations

MLB Players Association

275

ATTACHMENT 40

Daniel R. Halem, Esquire

Chief Legal Officer

Major League Baseball

Office of the Commissioner

245 Park Avenue

New York, New York 10167

Re: Social Media

Dear Dan:

I write to confirm our agreement concerning the Office of the Commis-

sioner’s adoption of a policy addressing certain limitations on the uses

of Social Media by employees, including Players (the “Policy”).

1. The Players Association will not challenge in any forum the

Office of the Commissioner’s implementation of the Policy, or the

facial validity of its prohibitions.

2. No Club may maintain its own policies restricting the use of

Social Media by Players. Nothing in this agreement is intended to

restrict Club or Commissioner’s Office policies encouraging the

use of Social Media.

3. A Player may be disciplined by either the Commissioner or his

Club for a violation of the Policy, but not by both for the same

conduct. All discipline under the Policy by a Club or the Com-

missioner must be for just cause in accordance with Article XII

of the Basic Agreement. In any grievance involving the disci-

pline of a Player for an alleged violation of the Policy, the Asso-

ciation agrees it will not challenge the reasonableness of the

applicable aspect(s) of the Policy involved, but reserves all of its

other defenses in any such grievance, including the right to

assert that the amount of discipline imposed is not supported by

just cause.

4. This agreement shall not be used by either party as precedent or

in support of its position in any proceeding or dispute other than

a proceeding involving an alleged violation of its terms. More-

over, this agreement and the Policy itself (including the defini-

276

tions therein) shall not be cited and shall have no consequence in

any negotiation or business transaction involving the Parties.

Very truly yours,

David M. Prouty

General Counsel

Major League Baseball

Players Association

277

ATTACHMENT 41

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

The purpose of this letter is to confirm our understanding that on or

before March 1 of every year, the Office of the Commissioner shall

issue a memorandum to all Major League Chief Financial Officers

reminding the Clubs of their obligations under Articles VII(B)(5) and

VII(C)(7) of the Basic Agreement, and stating that the Clubs should

(1) treat as income for tax purposes only that portion of the daily in-

season meal and tip allowances (Article VII(B)(3)) that are over the

federal per diem rate for meals and incidental expenses for the city to

which the Club has traveled; and (2) treat as income for tax purposes

only that portion of the Spring Training allowances (Article VII(C)(1),

(2) and (4)) that are over the federal per diem rate for lodging, meals

and incidental expenses.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

278

ATTACHMENT 42

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

This will confirm our agreement that Clubs and Players are prohibited

from including as a Special Covenant to a Uniform Player’s Contract

(“UPC”) a provision that gives the Club the right to void a guaranteed

year of the contract based on the occurrence or non-occurrence of cer-

tain events.

Nothing herein is intended to preclude Clubs and Players from agree-

ing to include as a Special Covenant to a UPC an option to extend the

term of a guaranteed contract, including an option that vests as a result

of the occurrence or non-occurrence of certain events. Moreover, the

Parties reserve their legal positions regarding the enforceability of any

other Special Covenants to a UPC, including but not limited to Special

Covenants that limit the extent of a guarantee or otherwise permit the

Club to convert the UPC into a non-guaranteed contract.

Sincerely,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

279

ATTACHMENT 43

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Dear David:

The purpose of this letter is to confirm the Parties’ understanding that

a player (a) who has at least one day of Major League service during

any championship season; (b) whose contract is assigned outright at

any time after the conclusion of the Minor League season; and (c) who

is tendered a Salary Addendum pursuant to MLR 3(h)(2) and Para-

graph VII(A) of the Minor League UPC for the next championship sea-

son, may not be tendered at a salary rate that is less than 80% of (y) the

monthly salary rate set out in the player’s most recently executed

Addendum C; or (z) the minimum salary for Minor League service

contained in the Basic Agreement for players with at least one day of

Major League Service during any championship season, whichever

is greater.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

280

ATTACHMENT 44

Rick Shapiro, Esquire

Senior Advisor

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Contract

Tender of Rule 5 Players

Dear Rick:

This letter confirms our agreement on the tender of Uniform Player’s

Contracts to Players who are selected in the Rule 5 Draft. By 5 P.M.

Eastern Time on the day of the Rule 5 Draft, the Labor Relations

Department will provide the Players Association with an addendum to

the original Tender Letter that includes all Players selected in the Draft

and their corresponding tender amounts.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

281

ATTACHMENT 45

Rick Shapiro, Esquire

Senior Advisor

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Article XX(B) (Qualifying Of

fers)

Dear Rick:

The purpose of this letter is to memorialize our understanding regard-

ing the calculation of Qualifying Offers pursuant to Article XX(B)(3) of

the Basic Agreement. Pursuant to Article XX(B)(3), a Qualifying Offer

must provide a salary equal to the average salary of the 125 highest-paid

Players for the prior season, except that a Qualifying Offer may not pro-

vide a salary below the Qualifying Offer for the 2017 season.

1. The 125 highest-paid Players initially shall be derived from all

Players on a 40-man roster (or whose contracts have been

assigned outright) or 60-Day Disabled List on August 31 of the

most recently completed season (“Eligible Players”). In addition,

Players who retired (whether or not they are placed on the Volun-

tary Retired List) or are placed on the Restricted List between the

conclusion of the prior championship season and August 31 of the

most recently completed championship season shall be considered

Eligible Players, but only for the first year following such retire-

ment or placement on the Restricted List.

2. In determining the 125 highest-paid Players, each Player’s salary

for the season at issue (“Salary”) shall be calculated by adding the

following: (i) the Player’s base salary for the year at issue

(adjusted pursuant to any salary escalator effective for that sea-

son); (ii) a prorated portion of any applicable signing bonus; (iii)

a prorated portion of any buyout associated with the first Club or

Mutual option year of the Contract (or a deduction of the amount

of the buyout if the option was exercised as described in Adden-

dum A); and (iv) any bonuses that were earned by the Player as of

the conclusion of the championship season. If any portion of the

Player’s earnings in items (i)-(iv) of this paragraph is deferred, his

282

Salary shall be discounted pursuant to the formula set forth in

Addendum A.

3. If a Player is not an Eligible Player because his Major League

Uniform Player’s Contract (“UPC”) covering the season at issue

was terminated between the conclusion of the prior championship

season and August 31 of the recently completed championship

season, and, following the termination, the Player was owed the

remaining salary for the recently completed championship season

as termination pay, the Player’s Salary under his terminated UPC

(as calculated pursuant to paragraph 2 above) shall be included in

determining the 125 highest-paid Players. Except as set forth in

paragraph 4 below, if a Player was signed to more than one UPC

covering the applicable season, the UPC that results in the highest

Salary under the calculation set forth in paragraph 2 above

(including a terminated UPC covered by paragraph 2 above) will

be used to determine the 125 highest-paid Players.

4. If a Player and Club replace a UPC during the championship sea-

son with a new UPC covering that season, the Player’s base

salary, pro-rata signing bonus and pro-rata buyout for that

championship season for purposes of Section 2(i)-(iii) above will

be sum of the following: (1) the base salary, pro-rata signing

bonus and pro-rata buyout under the first UPC for that season

each shall be multiplied by a fraction, the numerator of which is

the number of days in the championship season that the Player

was covered by the UPC and the denominator is the number of

days in that championship season; and (2) the base salary, pro-rata

signing bonus, and pro-rata buyout under the new UPC for that

season each shall be multiplied by a fraction, the numerator of

which is the number of days in the championship season that the

Player was covered by the new UPC and the denominator is the

number of days in that championship season.

5. If a Player is not signed to a Major League UPC as of Opening

Day, but signs a UPC during the championship season, the base

salary under that UPC for purposes of Section 2(i) above will be

determined by multiplying the base salary under the UPC by a

fraction, the numerator of which is the number of days in the

championship season that the Player was covered by the UPC and

the denominator is the number of days in the championship season.

283

6. The Qualifying Offer (as calculated pursuant to this letter) shall be

increased by 0.08% to account for award bonuses that may be

earned after the conclusion of the championship season and thus

are not included in the calculation. The average salary shall then

be rounded to the nearest $100,000.

7. The Parties shall confer on or before the 7th day following the last

championship season game to discuss the calculation of the aver-

age salary of the 125 highest-paid Players, and shall confirm the

average no later than the 10th day following the last champion-

ship season game.

Set forth in Addendum A is a more detailed description of the above

calculation. Nothing contained in this letter may be relied upon by

either party in any proceeding except a proceeding involving the cal-

culation of Qualifying Offers under Article XX(B)(3).

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

284

Addendum A

Calculation of Player Salary

General Rule

Player Salary = Base Salary + Pro-rated Signing Bonus + Pro-rated

Buyout on First Club or Mutual Option Year + Earned Bonuses (as of

conclusion of championship season).

Base Salary

The base salary shall be as stated in the contract for the year at issue

(or at the increased base salary figure if an escalator provision had

been triggered).

Pro-rated Signing Bonus

Any signing bonus included in a Uniform Player’s Contract (and any

other payment determined to be the equivalent of a signing bonus)

shall be attributed, pro rata, over the guaranteed years of the Contract.

If a Contract contains no guaranteed years, the signing bonus shall be

attributed in full to the first year of the Contract. No portion of the

signing bonus shall be attributed to any option year. If a Player’s Con-

tract is assigned to another Club, the pro-rated portion of the signing

bonus will continue to be included in the Player’s Salary.

Pro-rated Buyout for First Club or Mutual Option

Year

The buyout associated with the first Club or Mutual Option Year shall

be attributed, pro rata, over the guaranteed years of the Contract. If a

Contract contains no guaranteed years, the buyout shall be attributed in

full to the first year of the Contract. No portion of the buyout shall be

attributed to any option year. If the Player’s Contract is assigned to

another Club, the pro-rated portion of the buyout will continue to be

included in the Player’s Salary.

If the first Club or Mutual option is exercised, and no buyout is paid

by the Club, the full amount of the buyout will be deducted from the

base salary of the option year when calculating the Player’s Salary for

the option year pursuant to paragraph 2 of the letter agreement. For

multiyear contracts that began prior to 2012, only the portion of the

buyout that was attributed, pro rata over contract years beginning in

2012 will be deducted from the base salary of the option year.

285

Extensions

If a Club and Player agree to extend a contract prior to its expiration,

any buyout associated with the first Club or Mutual Option year or

signing bonus under the new Contract shall be attributed pro rata over

the guaranteed years of the new Contract that were not guaranteed

years under the prior Contract.

Earned Bonuses

Performance, award, assignment, and other bonuses earned for per-

forming or otherwise providing services under a contract shall be

included in a Player’s Salary if those bonuses were earned as of the

conclusion of the championship season.

Deferred Compensation

If a Uniform Player’s Contract contains compensation that is payable

beyond the guaranteed term of the Contract, such compensation shall

be considered “deferred compensation”. All deferred compensation

shall be included in a Player’s Salary in the year in which it is earned

at an amount equal to the discounted present value of such deferred

amount. (Salary that is earned in one year of a contract but paid in a

later year of the contract, on the other hand, shall not be considered

deferred compensation. Such compensation shall be included in a

Player’s Salary at its stated value in the year in which it is earned.)

Deferred base salary shall be discounted back to June 30 of the season

in which it is earned; a deferred signing bonus shall be discounted back

to the date the contract is signed; and a deferred performance, award

and other bonus shall be discounted back to the date the bonuses were

earned.

The deferred compensation shall be discounted using the Article

XV(K) rate from the November 1 preceding the season in which the

compensation was earned. For discounting purposes, interest shall be

compounded on an annual basis.

286

ATTACHMENT 46

International Amateur Talent System

A. Coverage

“International Players” are players who are residents of any

country or territory other than the United States (defined as the 50

States of the United States of America, the District of Columbia,

Puerto Rico, and any other Commonwealth, Territory or Posses-

sion of the United States of America) and Canada. Unless

exempted pursuant to Section F below, International Players shall

be covered by all of the provisions of this Attachment 46, includ-

ing the Signing Bonus Pool provisions set forth below.

B. Club Signing Bonus Pools

1. The rules and procedures regarding the operation of Signing

Bonus Pools set forth in Sections II.A, II.B., II.C.3, and

II.C.4 of Attachment 46 to the 2012–16 Basic Agreement,

including but not limited to the penalties for exceeding the

Signing Bonus Pools, shall continue to govern for the

remainder of the 2016–17 signing period.

2. For the 2017–18 signing period and each signing period

thereafter, Clubs will be assigned Signing Bonus Pools as

follows:

a. Clubs that are originally assigned a Competitive Balance

Selection in Round A of the most recent Rule 4 Draft will

receive “Signing Bonus Pool A.” Signing Bonus Pool A

will be $5.25 million for the 2017–18 signing period.

b. Clubs that are originally assigned a Competitive Balance

Selection in Round B of the most recent Rule 4 Draft will

receive “Signing Bonus Pool B.” Signing Bonus Pool B

will be $5.75 million for the 2017–18 signing period.

c. Clubs that are not originally assigned a Competitive Bal-

ance Selection in the most recent Rule 4 Draft will

receive the “Base Signing Bonus Pool.” The Base Sign-

ing Bonus Pool will be $4.75 million for the 2017–18

signing period.

287

3. For each signing period following the 2017–18 signing

period, Signing Bonus Pool A, Signing Bonus Pool B, and

the Base Signing Bonus Pool will be increased based on the

rate that total industry revenue grew in the most recently

completed calendar year. Signing Bonus amounts redistrib-

uted pursuant to Article XX(B)(4)(c) shall be added to or

subtracted from a Club’s Signing Bonus Pool, whichever is

applicable, after the adjustment described in the preceding

sentence.

4. For purposes of this Attachment 46, the term “signing bonus”

shall include the full amount of any signing bonus provided

to the player in connection with the execution of his Minor

League contract, irrespective of when the signing bonus is

scheduled to be paid or whether the bonus (or a portion

thereof) is contingent on future events, and without any dis-

counting of the face amount of the bonus. Notwithstanding

the foregoing, the following compensation or payments shall

not be considered part of the signing bonus:

a. The Contingent Payment set forth in Major League Rule

3(c)(5)(B).

b. The Incentive Bonus Plan set forth in Major League Rule

3(c)(5)(C).

c. The Continuing Education Program set forth in Major

League Rule 3(c)(5)(D).

d. Salary paid to the player for performing services during

the playing season pursuant to Addendum C to the Minor

League contract.

5. No Club may exceed its Signing Bonus Pool in any signing

period. Any contract that would result in a Club exceeding its

Signing Bonus Pool (including any additional Signing Bonus

Pool space acquired via assignment from another Club) will

not be approved by the Commissioner’s Office.

6. If a Club does not spend or assign its entire Signing Bonus

Pool for a given signing period, the remaining Signing Bonus

Pool space expires at the close of the signing period and does

not carry over to the following signing period.

288

7. If a player’s contract is not approved, voided ab initio, or ter-

minated during the signing period in which it is entered based

on the results of an Age and Identity investigation conducted

by the Office of the Commissioner, a failed physical exami-

nation, or the inability of the player to obtain a visa to work

in the United States, the portion of the Signing Bonus that is

not paid to the player or is recouped from the player as a

result of such action will not be counted against the Club’s

Signing Bonus Pool for that signing period. If a contract or

contracts submitted by a Club to the Commissioner’s Office

during one signing period are not approved, voided ab initio,

or terminated during the next “closed period” or next signing

period based on the results of an Age and Identity investiga-

tion conducted by the Office of the Commissioner, a failed

physical examination, or the inability of the player to obtain

a visa to work in the United States, the Signing Bonus Pool

space associated with those contracts shall be allocated as

follows: (a) the signing Club may carry over the Signing

Bonus amount contained in such contract(s) for that next

signing period, provided that the total amount of Pool space

carried over by a Club from one signing period to the next

may not exceed $400,000; and (b) any Pool space over

$400,000 shall be divided equally among the Signing Bonus

Pools for all 30 Clubs for that next signing period.

8. In each signing period, signing bonuses provided to players

of $10,000 or less will not count against a Club’s Signing

Bonus Pool.

9. Penalties incurred by Clubs for exceeding their Signing

Bonus Pools during the 2015–16 and/or 2016–17 signing

periods will remain in effect during the 2017–18 and 2018–19

signing periods (as applicable). By way of example, a Club

that exceeded its Signing Bonus Pool by more than 15% dur-

ing the 2016–17 signing period will be prohibited from sign-

ing any player subject to the Signing Bonus Pool system for

a signing bonus of more than $300,000 during the 2017–18

and 2018–19 signing periods, regardless of the size of the

Club’s Signing Bonus Pools in those signing periods.

289

C. Signing Period

For purposes of determining compliance with a Club’s Signing

Bonus Pool, a signing period shall commence at 9 A.M. Eastern

Time on July 2 and end at 5 P.M. Eastern Time on June 15 of the

following year. The period starting at 5 P.M. Eastern Time on

June 15 and ending at 9 A.M. Eastern Time on July 2 will be a

“closed period” in which International Players subject to the

Signing Bonus Pool system may not sign contracts. By way of

example, the 2017–18 signing period shall commence on July 2,

2017 and end on June 15, 2018.

D. Contract Requirements

1. All players subject to the Signing Bonus Pool system must

sign a Minor League Uniform Player Contract.

2. Clubs may include a special covenant in a first-year Minor

League Uniform Player Contract providing the Club with the

right to void the contract ab initio if it determines within six

(6) months of the signing date that the player falsified his age

or identity in connection with signing the contract. The

Office of the Commissioner shall provide players whose con-

tracts are voided pursuant to such a provision with a fair dis-

pute resolution procedure that culminates in arbitration

before a neutral arbitrator in a forum that is convenient for

the player (e.g., a player’s native country, the country in

which the contract is executed, etc.). The Players Association

shall have the right to review and approve such dispute reso-

lution procedure, which approval shall not be unreasonably

withheld. The Office of the Commissioner shall give the

Association written notice of any action by a Club voiding a

contract pursuant to this subsection D.2.

E. Assignment of Signing Bonus Pool Space

1. During the 2017–18 and 2018–19 signing periods, Clubs may

assign to other Clubs any of their available Signing Bonus

Pool space; provided, however, that no Club may acquire by

assignment from another Club (or Clubs) in aggregate more

than 75% of its Signing Bonus Pool at the commencement of

any signing period.

290

2. Beginning in the 2019–20 signing period and continuing

thereafter, Clubs may assign to other Clubs any of their avail-

able Signing Bonus Pool space; provided, however, that no

Club may acquire by assignment from another Club (or

Clubs) in aggregate more than 60% of its Signing Bonus Pool

at the commencement of any signing period.

3. Signing Bonus Pool space may only be assigned in incre-

ments of $250,000, unless the Club is assigning its entire

remaining Signing Bonus Pool in a single transaction.

4. In any assignment of Signing Bonus Pool space from one

Club to another Club, the Signing Bonus Pool of the assignor

Club will be reduced by the amount of the assigned space,

and the Signing Bonus Pool of the assignee Club will be

increased by the amount of the assigned space.

5. Cash consideration of any kind is not permitted to be

included in a trade involving Signing Bonus Pool space

unless the cash consideration is included to offset the salary

obligation of another player included in the assignment (and

is no greater than such obligations), subject to the Commis-

sioner’s approval.

6. A Club may only assign its Signing Bonus Pool space for a

given signing period during the term of that signing period.

For example, a Club may not assign Signing Bonus Pool

space for the 2018-2019 signing period during the 2017–2018

signing period.

F. Exemptions from the Signing Bonus Pool

1. Bonuses paid to International Players will not count toward a

Club’s Signing Bonus Pool in the following two circum-

stances:

a. Players who previously contracted with a Major or

Minor League Club, unless that previous contract was

voided, terminated, or not approved by the Office of the

Commissioner or the Club based on the results of an Age

and Identity Investigation, the inability of the player to

obtain a visa to work in the United States, a failed phys-

ical examination pursuant to paragraph XVII of the

291

Minor League Uniform Player Contract, or circumven-

tion pursuant to Section H below. See also Section B.7

above.

b. Players who are at least 25 years of age and have played

as a professional in a foreign league recognized by the

Commissioner’s Office for a minimum of six seasons

(“Foreign Professional”).

G. Registration Process for Each Signing Period

1. A player must be registered with the Office of the Commis-

sioner by the May 15 preceding a signing period in order to

sign a contract during that signing period.

2. Any prospect who is not registered with the Office of the

Commissioner as of the May 15 deadline will not be eligible

to be signed during the next signing period unless the Com-

missioner determines that the player has a compelling justifi-

cation for his failure to register.

3. As of June 21 of each year, the Office of the Commissioner

will provide to all Clubs a list of international prospects who

registered for the next signing period.

4. Players who are determined to have falsified their age or

identity in the registration process will be subject to the

penalties as set forth in Major League Rule 3(a)(1)(F).

5. The Players Association and the Office of the Commissioner

shall codify the current rules regarding prospect registration.

6. The Players Association and the Office of the Commissioner

shall meet to discuss a system of regulation for individuals

representing international prospects in contract negotiations.

7. Level 2 Registration

a. The Commissioner’s Office will identify a group of 150

registered international amateurs as “Level 2 Prospects.”

b. All Level 2 Prospects will be subject to one or more ran-

dom pre-contract drug tests, pursuant to the terms of

Major League Baseball’s Drug Prevention Program for

Prospects Not Subject to the First-Year Player Draft.

292

c. All Level 2 Prospects will be required to provide the

Major League Scouting Bureau with all pre-existing

medical records relating to their physical condition,

including MRIs, X-Rays, and CT Scans (where practica-

ble) at the time of registration. The records will be pro-

vided to Clubs through Major League Baseball’s

Electronic Medical Records system (“EMR”). A Level 2

Prospect may not provide additional medical information

to one Club (including submitting to a pre-signing phys-

ical) without providing all other Clubs that request it

with the same access to the information.

d. Level 2 Prospects may undergo an Age and Identity

investigation, the results of which will be provided to the

Clubs.

e. Any Level 2 Prospect who fails to comply with subpara-

graphs b or d above will not be eligible to be signed dur-

ing the next signing period. Any Level 2 Prospect who

fails to comply with subparagraph c above will be prohib-

ited from submitting medical information, whether orally

or in writing, to any Club. The Office of the Commis-

sioner will notify all Clubs of a player’s refusal. A Club

may not obtain medical information from a non-compliant

player until the player complies with subparagraph c.

f. A Club may not direct a Level 2 Prospect to undergo a

physical for the purposes of obtaining medical informa-

tion that is not provided and distributed pursuant to sub-

paragraph c above.

8. Upon request, the Commissioner’s Office will provide the

Players Association with the following information:

a. An application to be declared eligible that has been pend-

ing for more than three months.

b. An application for registration that is denied because it

was submitted after the May 15 deadline.

c. Any proposed changes to the registration paperwork or

process for international amateurs.

293

9. The Office of the Commissioner shall provide the Players

Association with access to all contracts that are governed by

this Attachment 46.

H. Circumvention

No Club or player (including their designated representatives)

may enter into any understanding, agreement, or transaction, or

make any representation, whether implied or explicit, that is

designed to defeat or circumvent the provisions of the Interna-

tional Amateur Talent System. Any Club (or its representatives)

that is found to have engaged in circumvention or attempted cir-

cumvention will be subject to sanctions by the Commissioner,

including fines, suspensions, non-approval of the transaction(s)

or contract(s), and loss of future signing rights. A non-exclusive

list of conduct that will subject Clubs (and Club personnel) to

sanctions includes:

1. Providing, paying, or promising a player, his advisor, his for-

eign league or federation, his trainer or his family members

anything of value other than the compensation and benefits

contained in the Minor League contract.

2. Making any payments to, or providing anything of value to,

an individual advising, representing or training a player.

3. Agreeing to enter into any business transaction with a

player’s advisor or trainer, including signing other players

represented by the advisor or trainer, as consideration for a

player entering into a contract with a Club.

4. Promising, representing, or committing that a player will be

placed on the Club’s Major League roster by a particular

date.

5. Releasing a player as part of a scheme to exclude a Signing

Bonus contained in the player’s next contract from being

charged to a Club’s Signing Bonus Pool.

6. Promising, representing, or committing to sign a player to

another Minor League contract or a Major League contract in

the future, or to provide additional compensation or benefits

under the extant contract (such as a higher salary in future

years of the Minor League contract).

294

Any Club that is found to have willfully circumvented the

requirements of the International Amateur Talent System by pro-

viding, directly or indirectly, more compensation or other consid-

eration to a player than is permitted under the System may be

disciplined by the Commissioner, up to and including a prohibi-

tion on that Club signing any International Players for up to one

(1) year or having its Signing Bonus Pool decreased by up to 50%

for up to five (5) years.

I. T

ransfer Agreements and Foreign Professional Leagues

1. The Players Association and the Office of the Commissioner

will endeavor to harmonize player entry provisions in trans-

fer agreements with foreign professional leagues and finalize

ongoing discussions regarding the entry of Mexican players.

2. The consent of the Players Association is required for any

protocol or player transfer agreement with another foreign

professional league or federation.

295

ATTACHMENT 47

Matthew R. Nussbaum, Esq.

Assistant General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Clubhouse & Nutrition

Dear Matt:

This letter will memorialize certain agreements that the Parties have

reached with respect to home and visiting clubhouse standards and

nutrition.

1. Player Advisory Council (“PAC”). The Players on each Club

shall establish a PAC. The PAC shall identify acceptable clubhouse

standards with respect to meals, nutrition, services, and amenities

that should be provided in home and visiting clubhouses. Disputes

over whether a Club is meeting acceptable clubhouse standards

shall be raised initially by the PAC (or an individual Player) with

the Clubhouse Manager. If the dispute is not resolved after the ini-

tial complaint, the collective bargaining Parties (with involvement,

as needed, from the Joint Strength & Conditioning Coordinator

and/or Joint Dietitian Consultant) will consult regarding an accept-

able resolution. If this consultation does not resolve the dispute, the

Players Association may appeal the dispute through the Grievance

Procedure contained in Article XI.

2. Clubhouse Standards

(a) Cleanliness & Environment. Each Club must satisfy all

applicable local and state health cleanliness standards for all

food stations (home and visitor). All Club employees or other

personnel who handle food must have a food handler’s

license, in compliance with any applicable local municipal

ordinances. Carpets in both the home clubhouse and visiting

clubhouse must be cleaned at least bi-weekly. Bathroom

facilities (including toilets, showers and tubs) should be

cleaned and disinfected on a daily basis, and there must be

adequate ventilation and air freshening with functional heat

and air conditioning.

296

(b) Recovery Room. Clubs shall dedicate a physical space for a

recovery room proximate to the home clubhouse (and, where

practicable, visiting clubhouse), to serve as an area where

Players shall have complete privacy away from the media.

clubhouse employees for services rendered.

3. Nutrition

(a) Chefs and Dietitians. All Clubs shall provide access to a

full-time chef, but only while the Club is at home, and all

Clubs shall provide access to a registered dietitian, but need

not do so on a full-time basis. The Joint Strength & Condi-

tioning Coordinator will communicate relevant information

regarding nutritional and dietary supplements to the Clubs’

chef and dietitian. The Parties jointly will retain a registered

dietitian to field questions and provide advice and recom-

mendations to Clubs, Players, and the bargaining Parties.

(b) Meals

(i) On days when Clubs are scheduled to play games begin-

ning at 1 P.M. and 7 P.M., Clubs shall be required to pro-

vide three meals for Players (i.e., lunch or breakfast,

pregame, and postgame).

(ii) On days when Clubs are scheduled to play games begin-

ning at 4 P.M., Clubs shall be required to provide four

meals for Players (i.e., breakfast, lunch, pregame, and

postgame).

(iii) The PAC and registered dietitian at each Club shall

develop a list of acceptable meal selections at home and

on the road. In addition, the PAC and registered dietitian

shall identify additional food, snacks and beverages that

should be available in the clubhouses (e.g., bottled

water, sports drinks, coffee, tea, etc.). All food provided

should reasonably accommodate identified food aller-

gies, sensitivities, or special dietary needs and requests.

(iv) In-stadium catering and concessions may supply club-

house meals, provided those meals comply with the

dietary standards established by the Club and its PAC.

297

(v) All dietary supplements and functional foods (e.g., pro-

tein bars and shakes) made available at home and on the

road must be NSF Certified for Sport.

4. Services. Clubs shall not prohibit clubhouse attendants from

providing reasonable personal services, including:

(a) Access to private transportation for Players and their families;

(b) Package shipment and receipt capabilities;

(d) In-clubhouse entertainment (i.e., televisions, movies, music,

speakers, and related equipment); and

(e) Dry cleaning and laundering capabilities.

5. Amenities. Clubs shall ensure that home and visiting club-

houses are fully stocked with grooming items (e.g., soaps, shav-

ing, hair products, deodorant, etc.), toiletries (e.g., toilet paper,

hand wipes, wet wipes), towels and washcloths (replaced annu-

ally), and a safe or lockbox for valuables.

6. Spring Training. The Clubs’ practices in Spring Training are

unaffected by this agreement, except that all Spring Training facil-

ities must be available to Players beginning on February 1, unless

providing early access would conflict with a scheduled event(s) at

the facility or renovations/maintenance being performed at the

facility. Clubs should continue their current practices of notifying

Players directly of any conflicts.

Very truly yours,

Paul V. Mifsud, Jr.

Vice President and

Deputy General Counsel

Labor Relations & Player Programs

298

ATTACHMENT 48

Daniel R. Halem

Chief Legal Officer

Office of the Commissioner of

Major League Baseball

245 Park Avenue

New York, New York 10167

Re: Conflicts of Interest

Dear Dan:

This letter will confirm our agreement that, subject to the approval of

our Executive Board, the Major League Baseball Players Association

will amend its Regulations Governing Player Agents (the “Regula-

tions”) to state that a certified Player Agent who has accepted a posi-

tion in senior management of a Major League Club or the Office of the

Commissioner shall be prohibited from maintaining a direct or indirect

financial interest in an agency while he or she is employed by the Club

or by the Commissioner’s Office.

The MLBPA will provide the Office of the Commissioner with notice

of this revision once it is ratified by our Executive Board, along with a

complete copy of the revised Regulations.

For purposes of clarity, the enforcement of the Regulations will remain

the responsibility of the Players Association and all disputes arising

under the Regulations will be resolved under the neutral arbitration

process provided for in the Regulations.

Nothing contained in this agreement shall be construed as a waiver by

the Association of its position that it is solely responsible for the inter-

pretation, administration and enforcement of the Regulations.

Very truly yours,

David M. Prouty

General Counsel

Major League Baseball

Players Association

299

ATTACHMENT 49

Rick Shapiro, Esq.

Senior Advisor

Major League Baseball

Players Association

12 East 49th Street

New York, NY 10017

Re: Use of Media

Dear Rick:

This letter is to confirm our agreement regarding certain prohibited

conduct by the Office of the Commissioner, the Players Association,

Clubs, players, and player representatives (collectively, the “Covered

Parties”) with respect to public comments about free agents, which is

as follows:

(1) The Covered Parties may not (i) disclose to the media the sub-

stance of contract discussions between a player and a Club

(including but not limited to the facts of offers, the substance of

offers, or decisions not to make offers or to withdraw offers) until

after terms on the contract have been confirmed by the Office of

the Commissioner and the Players Association; or (ii) announce

an agreement on a contract that is contingent on the player pass-

ing a Club-administered physical examination until after the

player has passed that physical examination.

(2) Similarly, none of the Covered Parties may make comments to the

media about the value of an unsigned free agent, or about possi-

ble or contemplated terms for an unsigned free agent, regardless

of whether discussions have occurred. The prohibitions apply

equally to comments that are on and off the record, as well as to

comments that are provided on the condition of anonymity or

published without identifying the source (e.g., “an industry

source”).

The following is a non-exhaustive list of prohibited comments:

• “Player X won’t receive anything longer than a one-year deal.”

• “Player X is seeking more than Player Y received.”

• “We are out on Player X.”

300

• “Player X is worth at least $Y million.”

• “Player X has contract offers from multiple Clubs.”

• “We are unwilling to forfeit a draft selection to sign Player X.”

• “We have concerns about Player X’s physical condition.”

• “Player X is not worth more than $Y million, nor should he

receive a contract greater than Z years.”

(3) Notwithstanding the prohibition in paragraphs 1 and 2 above, a

player (or a representative of a player) or a Club may respond to

a Media Report of the existence or terms of a Contract Offer, but

only as described below. For purposes of this provision, a “Media

Report” is either a published report or a pre-publication inquiry

from a media member to verify accuracy. For these purposes, a

report of a “Contract Offer” is a report of the existence and/or

terms of a contract offer purportedly made by or to a Club. In

response to a Media Report of a Contract Offer, a player (or a rep-

resentative of a player) or a Club may offer one of the following

responses:

(a) state that the player or Club declines to comment about any

negotiations between the player and the Club;

(b) confirm or deny that the player and Club are engaged in dis-

cussions, but (if discussions are ongoing) decline to comment

about the substance of those negotiations;

ing) state that the details provided in the story or in the

inquiry are not accurate; or

(d) confirm that the offer has been made and that the details are

accurate.

In providing the above responses, a Club or player (or representa-

tive of a player) may not volunteer any information regarding the

Contract Offer. In addition, after providing one of the responses

set forth above, a Club or player (or representative of a player)

may not respond to follow up questions from the reporter regard-

ing the Contract Offer or variance thereof other than by answer-

ing “no comment.”

301

(4) A violation of this agreement will be established only if the griev-

ing party identifies the specific individual at the Club, Commis-

sioner’s Office, Players Association, or the specific player agent

or player who was the source of the comment.

(5) Each party shall send memos during the Quiet Period to its con-

stituents on an annual basis explaining the media guidelines set

forth above. Each party shall share its memo with the other.

(6) The Office of the Commissioner or the Players Association shall

promptly investigate an alleged violation of this agreement upon

receipt of a written complaint from the other bargaining party.

(7) Violations of the restrictions set forth in paragraphs 1 and 2 above

are a violation of Article XX(E)(1), but the penalties provided for

in Article XX(E)(2)-(9) shall not apply to such violations. Rather,

the Panel may award appropriate relief to remedy the violation

based on Panel precedent regarding relief in non-Article XX(E)

cases.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

302

ATTACHMENT 50

Daniel R. Halem, Esquire

Chief Legal Officer

Major League Baseball

Office of the Commissioner

245 Park Avenue

New York, New York 10167

Re: Rookie Hazings, Pranks and Clubhouse Rituals

Dear Dan:

I write to confirm our agreement concerning the Office of the Commis-

sioner’s adoption of a policy addressing rookie “hazing” or “initia-

tions” or other clubhouse rituals involving Players (the “Policy”).

1. The Players Association will not challenge in any forum the

Office of the Commissioner’s implementation of the Policy, or the

facial validity of its prohibitions.

2. No Club may maintain its own policies regarding the subjects

covered by the Policy. Nothing in this agreement is intended to

restrict certain rituals for rookies or players new to the Club that

do not otherwise violate the Policy.

3. A Player may be disciplined by either the Commissioner or his

Club for a violation of the Policy, but not by both for the same

conduct. All discipline under the Policy by a Club or the Commis-

sioner must be for just cause in accordance with Article XII of the

Basic Agreement. In any grievance involving the discipline of a

Player for an alleged violation of the Policy, the Association

agrees it will not challenge the reasonableness of the applicable

aspect(s) of the Policy involved, but reserves all of its other

defenses in any such grievance, including the right to assert that

the amount of discipline imposed is not supported by just cause.

4. This agreement supplements and/or clarifies the “Workplace

Code of Conduct: Harassment & Discrimination,” which pro-

hibits, among other things, “bullying” and/or “[d]emeaning com-

ments about someone’s race, gender, color, religion, national

origin, or sexual orientation, including offensive names or

phrases, or jokes about someone’s conformity with gender

norms.”

303

5. This agreement shall not be used by either party as precedent or

in support of its position in any proceeding or dispute other than

a proceeding involving an alleged violation of its terms. More-

over, this agreement and the Policy itself (including the defini-

tions therein) shall not be cited and shall have no consequence in

any negotiation or business transaction involving the Parties.

Very truly yours,

David M. Prouty

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

304

ATTACHMENT 51

2017–2021 International Play Plan, Rate Card and Funding

1. International Play Plan. The Parties have agreed to the follow-

ing schedule of International Play events (the “Play Plan”), each

of which may consist of a one-, two-, or three-game series (each

series an “International Play Event” or “Event”), during the term

of the 2017–2021 Basic Agreement:

Events earmarked for “Asia” in the above Play Plan may be

played in Japan but not in Australia. Further, multiple Events in

the same year in a given market may be played on back-to-back

weekends or otherwise in calendar succession, provided the pro-

posed dates correspond to the timing contemplated in the above.

2. International Play Event Rate Cards. The Parties have agreed

on the following compensation for Players and non-Players par-

ticipating in International Play Events during the course of the

2017–2021 Basic Agreement.

Player Per

-Event Rate Card

Note: All monies payable to Players shall be delivered directly to

the Players by the Association.

Mexico/PR/DR UK

Asia (Non-

Japan)

Japan

Spring Training

Exhibition

$5,000 N/A N/A N/A

Championship Season

(Including Opening)

$15,000 $60,000 $60,000 $60,000

Off-season All-Star $25,000 N/A $50,000 $100,000

2017 2018 2019 2020 2021

Spring Training WBC Mexico (2)

Mexico

PR/DR

Mexico

Opening Day Asia Japan

Asia

April Mexico Mexico Mexico Mexico

May PR/DR Mexico PR/DR Mexico

June UK UK

Post-season

Asia or

Mex

ico

Japan

Asia or

Mexico

Japan

305

Non-Player Per-Event Rate Card

Note that the above amounts reflect lump sums to be allocated by

the participating Club among its participating/traveling non-

player, non-executive personnel (e.g., managers, coaches, train-

ers, and Clubhouse staff). Non-Player personnel who are eligible

to receive compensation from the above-listed lump sum amount

are prohibited from soliciting contributions or consideration (in

any form) from Players. Notwithstanding the preceding sentence,

Club employees who traditionally receive tips from Players for

services during the championship season may continue to accept

(but not request or solicit) tips, provided that the amounts of such

tips are commensurate with the tip amounts such Club employees

traditionally receive for similar services during the championship

season. Violation of this non-solicitation rule shall result, at a min-

imum, in forfeiture of the non-Player personnel compensation for

the eligible individual(s) who violate the rule. Any additional dis-

cipline, up to and including the loss of compensation for all eligi-

ble non-Player personnel, shall be subject to the determination of

the Parties. The Office of the Commissioner shall be responsible

for reminding Clubs of the non-solicitation rule, and the potential

consequences for violating it, in writing in advance of each Event.

3. International Play Bank Account.

The Parties shall establish a joint International Play Bank Account

(“Account”) to fund the costs of International Play Events. All

expenses related to International Play Events shall be paid for

from the Account, including replacement costs paid to Clubs (see

Article XXV(D)(5)) and compensation paid to Players and non-

Player personnel (see above). Any and all revenue generated from

International Play Events (e.g., promoter revenue, sponsorship,

licensing proceeds, revenue from any separate sale of Event-spe-

cific broadcasting rights) shall be deposited into the International

Play Bank Account to be used to cover the costs of the Play Plan.

Mexico/PR/DR UK

Asia (Non-

Japan)

Japan

Spring Training

Exhibition

$20,000 N/A N/A N/A

Championship Season

(Including Opening)

$40,000 $100,000 $100,000 $100,000

Off-season All-Star N/A N/A N/A N/A

306

The Account shall be kept separate from operating accounts at the

Office of the Commissioner and the Players Association, and shall

be reviewable by designated financial officials from both Parties.

The Parties will earmark $40 million from the International Tax

Fund to cover the expenses of the Play Plan for the term of the

2017–2021 Basic Agreement. By January 1, 2017, the Parties will

transfer to the Account an amount necessary to cover the initial

projected expenses of the 2017 and 2018 Events. Beginning in the

2018–2019 offseason, and continuing every offseason thereafter

during the term of the Basic Agreement (or on a more frequent

basis if the balance in the Account is insufficient to cover antici-

pated costs associated with upcoming Events), the Parties will

confer regarding what portion, if any, of the remaining $40 mil-

lion earmarked for expenses associated with the Play Plan to

transfer from the International Tax Fund to the Account, based on

the actual and projected costs of the completed, planned, and

anticipated International Play Events.

Event budgets shall be approved in advance and in writing by

both Parties. Once an Event budget has been approved by both

sides, the Office of the Commissioner must obtain Association

approval for a specific debit or payment only if it materially

exceeds the amount allotted for that expense (or category of

expenses) in the approved budget.

If, during the term of the Basic Agreement, the Account has insuf-

ficient funds to cover all of the projected costs associated with the

scheduled Events in the Play Plan and the entire $40 million ear-

marked for such expenses has already been transferred from the

International Tax Fund, the Parties will transfer additional joint

money into the Account so that neither party suffers a financial

loss as a result of completion of the Play Plan.

The Parties agree that any remaining balance in the Account after

completion of the Play Plan will be jointly-controlled funds.

307

ATTACHMENT 52

Joint Domestic Violence,

Sexual Assault and Child Abuse Policy

Major League Baseball and the Major League Baseball Players Asso-

ciation (herein “the Parties”) desire to formulate a Domestic Violence,

Sexual Assault, and Child Abuse Policy and Program that:

– takes an absolute stand against domestic violence, sexual

assault and child abuse;

– protects the legal and procedural rights of Players;

– provides assistance to victims and families, especially informa-

tion and referrals to available resources;

– recognizes that Players may also be the victims in intimate rela-

tionships;

– focuses on education and prevention, including training on this

policy;

– utilizes the most effective methods and resources for therapeu-

tic intervention for abusers and those abused; and

– allows for therapeutic programs for Players and for the imposi-

tion of appropriate discipline on Players.

I. Definitions.

Domestic violence is a pattern of abusive behavior in any intimate

relationship that is used by one partner to gain or maintain power

and control over another intimate partner. It occurs in heterosex-

ual and same sex relationships and impacts individuals from all

economic, educational, cultural, age, gender, racial, and religious

demographics. Domestic violence includes, but is not limited to,

physical or sexual violence, emotional and/or psychological

intimidation, verbal violence, stalking, economic control, harass-

ment, physical intimidation, or injury. Notwithstanding this defi-

nition, a single incident of abusive behavior in any intimate

relationship, or a single incident of abusive behavior involving a

female member of a Player’s family who is domiciled with him,

may subject a Player to discipline under this Policy.

308

Sexual assault refers to a range of behaviors, including a com-

pleted nonconsensual sex act, an attempted nonconsensual sex

act, and/or nonconsensual sexual contact. Lack of consent is

inferred when a person uses force, harassment, threat of force,

threat of adverse personnel or disciplinary action, or other coer-

cion, or when the victim is asleep, incapacitated, unconscious or

legally incapable of consent.

Child abuse is any act or failure to act on the part of a parent or

caretaker which results in death, serious physical or emotional

harm, sexual abuse or exploitation of a child who is under the age

of 18 or not an emancipated minor, or any act or failure to act

which presents an imminent risk of such harm to such a child.

This policy covers acts of child abuse, domestic violence and sex-

ual assault (“Covered Acts”) as defined above.

II. Investigation of Incidents.

A. Process. The procedures set forth in this Policy shall be

triggered when the Commissioner’s Office provides the Play-

ers Association with written notification that it is investigat-

ing an allegation that a Player has engaged in a Covered Act

(“Notification”). Unless otherwise expressly stated, the Basic

Agreement remains in effect and its relevant provisions apply

under this Policy.

B. Administrative Leave. Under the Basic Agreement, the

Commissioner may immediately place a Player accused of a

Covered Act on Administrative Leave, effective as early as

the date of the Notification, and may keep the Player on

Administrative Leave for up to seven (7) days, including the

date of Notification, subject to the Player’s right to challenge

that decision set forth below. The Commissioner’s Office

may ask the Players Association to consent to a one-time

extension of the initial seven-day Administrative Leave

period for an additional seven (7) days (for a total of fourteen

(14) days), which consent shall not be unreasonably with-

held. Alternatively, the Commissioner’s Office may defer

placing the Player on Administrative Leave until the Player is

either charged with a crime by law enforcement, or the Com-

missioner’s Office receives credible information corroborat-

309

ing the allegations. The Commissioner’s placement of a

Player on Administrative Leave shall not be considered dis-

ciplinary under this Policy.

1. Challenge to Administrative Leave Placement.

Although Administrative Leave under paragraph B

above is not disciplinary, a Player placed on such leave

may request an in-person or telephonic hearing before

the Grievance Arbitration Panel (the “Arbitration Panel”)

within 24 hours of such request to seek reinstatement to

the active roster while the Commissioner’s Office inves-

tigates the allegations. The Arbitration Panel shall issue a

ruling on such reinstatement request within 24 hours of

the close of the hearing. If the Arbitrator is not available

in that time frame, the request shall be heard by an alter-

nate Arbitrator selected by the Parties pursuant to Article

XI(A)(10) of the Basic Agreement. The Arbitration Panel

shall remove the Player from Administrative Leave if it

determines that (a) the allegations that the Player

engaged in a Covered Act are not supported by credible

information, or (b) that allowing the Player to remain

active during the Commissioner’s Office’s investigation

is consistent with the safety of the victim(s) and will not

cause significant disruption to the Player’s Club.

2. Player Status on Administrative Leave. While on

Administrative Leave, a Player shall continue to receive

the salary and Major League service to which he other-

wise would be entitled but for his placement on Admin-

istrative Leave. A Player placed on Administrative Leave

shall be placed on the Major League Restricted List for

purposes of the Club’s Reserve List limits. A Player on

Administrative Leave shall be ineligible to participate in

any of his Club’s games, including Major League Spring

Training games where tickets are sold; however, a Player

on Administrative Leave during Spring Training shall be

allowed to participate in Spring Training “B” games

where no tickets are sold. At the request of the Club and

with the consent of the Commissioner’s Office, which

shall not be unreasonably withheld, the Player may par-

ticipate in non-public practices or workouts, or at the

310

Club’s Spring Training facility, where all Basic Agree-

ment provisions regarding rehabilitation work will apply.

3. Evaluation. During the period of Administrative Leave

(including any extension thereof), or within seven (7)

days of an off-season incident, the Commissioner may

refer a Player to be evaluated by the Joint Policy Board

pursuant to Section IV below. The Commissioner may

also require a Player to be evaluated by the Joint Policy

Board as a condition of deferral of Administrative Leave.

4. Family Outreach. Immediately following Notifica-

tion, the Joint Policy Board, pursuant to internal proce-

dures that it will adopt, will refer affected persons to

intervention services under Section IV.D., including the

MLB Player, Partner and Family Helpline established

under Section VIII below.

5. Investigation. Under the Basic Agreement, the Com-

missioner’s Office may conduct an investigation of the

Player’s alleged conduct during the period of Adminis-

trative Leave. The investigation, including the rights of

the Player and the Parties, is governed by the relevant

provisions of the 2017–2021 Basic Agreement. Subject

to the Player’s rights under the Basic Agreement and the

“Domestic Violence Investigations” letter agreement

attached hereto as Addendum A, the Player and the Play-

ers Association shall cooperate with the investigation,

including making the Player available for an investiga-

tory interview during his period of Administrative Leave.

6. Conference. Prior to the conclusion of the period of

Administrative Leave, the Parties shall meet to discuss

the matter. The Parties’ discussion shall be considered

confidential and not admissible in any Grievance chal-

lenging discipline that may be imposed on the Player.

7. Timing of Potential Discipline. Upon the conclusion

of the initial period of Administrative Leave (including

any extension thereof), if any, the Commissioner may

reinstate the Player from the Restricted List and return

him from Administrative Leave, may impose immediate

311

discipline on the Player, may request that the Players

Association further extend the period of Administrative

Leave, may defer a disciplinary determination until a

later date, or may impose a paid suspension pending res-

olution of legal proceedings as described in Section

III.C.2 below.

a. Immediate Discipline. If the Commissioner elects

to discipline the Player upon the conclusion of the

Administrative Leave, the Commissioner’s Office

shall notify the Player and the Players Association in

writing, by no later than 6 P.M. Eastern Time on the

last day of the Player’s Administrative Leave, of the

discipline that the Commissioner is imposing. The

discipline shall become effective immediately, and

shall be governed by Section III below.

b. Extension of Administrative Leave. The Com-

missioner’s Office may request that the initial period

of Administrative Leave (including any extension

thereof) be extended in order for it to complete its

investigation. The Players Association shall consider

such a request in good faith. If any extension is

agreed upon, the deadlines and procedures described

in this Section likewise will be extended, and the

Player’s status shall remain the same during the

remainder of the extended Administrative Leave,

unless otherwise agreed to by the Parties.

c. Deferral of Discipline. The Commissioner may

decide to defer discipline of a Player pending resolu-

tion of a criminal or civil matter arising out of the

conduct, or in order to complete its investigation.

The Player and the Players Association shall be noti-

fied in writing, by no later than 6 P.M. Eastern Time

of the last day of the Player’s Administrative Leave,

of the Commissioner’s decision to defer discipline.

The Player shall be removed from the Restricted List

on the following day. The decision of the Commis-

sioner to defer discipline shall not be evidence in any

Grievance challenging discipline that the Commis-

312

sioner may ultimately impose. All time limitations

under the Basic Agreement for either imposing disci-

pline or filing a Grievance shall be stayed if the

Commissioner determines to defer disciplinary

action.

d. Paid Suspension Pending Resolution of Legal

Proceedings. The Commissioner may impose a

paid suspension on the Player pending resolution of

legal proceedings as described in Section III.C.2

below. In addition, the paid suspension may be con-

verted to an unpaid disciplinary suspension when the

legal proceedings are completed under Section

III.C.2 below or if the Commissioner determines that

he has just cause to impose an unpaid disciplinary

suspension.

III. Discipline.

A. Commissioner Discipline. The Commissioner may disci-

pline a Player who commits a Covered Act for just cause. In

addition, a Player’s failure to comply with his Treatment

Plan adopted pursuant to Section IV below may be an inde-

pendent violation of this Policy. A Player’s failure to comply

with his Treatment Plan will be determined by the Joint Pol-

icy Board under Section IV.F below.

B. Club Discipline.

1. Initial authority to discipline Players for events that

include violations of this Policy (including all aspects of

the incident from which the alleged violation arose)

shall repose with the Commissioner’s Office. The Com-

missioner’s Office will retain authority to discipline

Players under this Policy until it provides the Players

Association and the Player with notice that it is transfer-

ring such authority to the Club. Such a transfer may

occur at any time before the completion of the Commis-

sioner’s Office investigation, but no later than that date.

If the Commissioner’s Office does not transfer its

authority, no Club may take any disciplinary or adverse

313

action against a Player arising from an incident involv-

ing a Covered Act; except that nothing in this section is

intended to address whether (i) a Club may take adverse

action in response to a Player’s failure to render his serv-

ices due to a disability resulting directly from a physical

injury or mental condition arising from his violation of

the Policy, or (ii) a Club may withhold salary from a

Player for any period he is unavailable because of legal

proceedings or incarceration arising from his violation

of the Policy. If the Commissioner’s Office notifies a

Club, the Player and the Players Association that the

Commissioner’s Office will not impose discipline, a

Club may discipline a Player who commits a Covered

Act for just cause, regardless of whether the Commis-

sioner’s Office had previously placed the player on

Administrative Leave pursuant to this policy or con-

ducted an investigation. A decision by the Commis-

sioner to defer his disciplinary decision pursuant to

Section II.B(7)(c) shall not trigger a Club’s right to dis-

cipline in an absence of a notification to the Club, the

Player and the Players Association that the Commis-

sioner will not impose discipline. The fact that a Club

rather than the Commissioner imposed discipline on a

Player shall not be relied on by a Player in challenging

whether the discipline was supported by just cause.

2. If a Club attempts to take disciplinary action against a

Player in violation of Section III.B.1, the Players Asso-

ciation may seek emergency relief from the Arbitration

Panel, which may enjoin that disciplinary action if it

determines that the Player has a substantial likelihood of

demonstrating such a violation of Section III.B.1.

C. Just Cause. This Policy arises in part from the increased

recognition and understanding of the seriousness and harm

resulting from Domestic Violence, Sexual Assault and Child

Abuse. As a result, precedent and past practice under the

Basic Agreement regarding the discipline of Players for

Covered Acts are not relevant in assessing discipline under

this Policy. The Arbitration Panel may consider precedent

from past cases not involving Covered Acts. In evaluating

314

the just cause of the level of discipline imposed under the

Policy, the Arbitration Panel may consider aggravating and

mitigating factors where relevant and appropriate.

1. Forms of Discipline.

The discipline imposed by the Commissioner or a Club

may include any discipline authorized by the Basic

Agreement or the Uniform Player’s Contract.

2. Paid Suspension Pending Resolution of Criminal

Matter.

a. In certain cases, the Commissioner may decide that

he is not in a position to impose discipline until the

resolution of a criminal or legal proceeding, but that

allowing the Player to play during the pendency of

the criminal or legal proceeding would result in sub-

stantial and irreparable harm to either the Club or

Major League Baseball. In such exceptional cases,

the Commissioner may suspend the Player with pay

pending resolution of the criminal or legal proceed-

ing (or until the Commissioner determines that he

has just cause to impose an unpaid, disciplinary sus-

pension).

b. If the Commissioner ultimately imposes such disci-

pline on the Player, and such discipline is upheld by

the Arbitration Panel, the Player may elect to be

credited with “time served” for the period in which

he was suspended with pay; if he does so, he shall

be required to serve any remaining period of his

unpaid suspension. Any salary that the Player was

paid by his Club during his suspension must be

repaid by the Player if the suspension is converted to

an unpaid disciplinary suspension. The Commis-

sioner’s Office and Players Association shall agree

on a written payment schedule, in the form of an

order issued by the Arbitration Panel, which will

result in the full repayment of the money owed by

the Player to his Club.

315

c. The Arbitration Panel shall have jurisdiction to

review a challenge by a Player or the Players Asso-

ciation of a paid suspension pending resolution of a

criminal matter against the standard of prior arbitral

precedent.

D. Procedures for Challenging Discipline Imposed by the

Commissioner.

1. Arbitration Panel Review. The Arbitration Panel

shall have jurisdiction to review a challenge by a Player

or the Players Association of any discipline imposed

under the Policy, except as otherwise limited herein. As

already noted, the procedures for challenging discipline

set forth in the Basic Agreement apply except as other-

wise stated herein.

2. Conduct of Arbitration. The Players Association and

the Player will be represented during the Grievance Pro-

cedure and arbitration proceedings only by in-house

counsel of the Players Association and/or by outside

counsel appointed by the Player Association. The Com-

missioner’s Office will be represented only by in-house

counsel of the Commissioner’s Office and/or by outside

counsel appointed by the Commissioner’s Office.

3. Discovery. After the Commissioner’s Office imposes

discipline on a Player under this Policy, the Player and

the Commissioner’s Office are required to provide each

other with all documents obtained from governmental

entities that relate to the matter at issue unless such dis-

closure is prohibited by applicable law or court or other

governmental order. The Parties’ discovery obligations

are otherwise as set forth in the current Basic Agree-

ment.

4. Burden of Proof. In any case involving discipline

imposed under this Policy, the Commissioner’s Office

shall have the burden of proving that the Player commit-

ted a Covered Act:

a. A criminal conviction for an offense involving a

Covered Act or a plea of guilty, no contest or nolo

316

contendere, to an offense involving a Covered Act,

whether a misdemeanor or felony, shall satisfy the

Commissioner’s Office’s burden of proving a viola-

tion. In cases involving a criminal conviction or a

plea of guilty, no contest or nolo contendere, the

burden shall be on the Player to establish that

notwithstanding the conviction or plea, the Player

did not engage in a Covered Act.

b. A Player may be subjected to disciplinary action for

just cause by the Commissioner for a violation of

this Policy in the absence of a conviction or a plea

of guilty to a crime involving a Covered Act.

5. Suspensions.

a. Unless otherwise provided herein, all suspensions

under this Policy shall be without pay, and the

Player will be placed on the Restricted List and will

not accrue Major League service. A Player sus-

pended during the offseason under this Policy will

be placed on the Restricted List immediately upon

public announcement.

b. At the request of the Club and with the consent of

the Commissioner’s Office, which shall not be

unreasonably withheld, the Player may participate

in non-public practices or workouts, or at the Club’s

Spring Training facility, where all Basic Agreement

provisions regarding rehabilitation work will apply.

c. During the term of his suspension, a Player may

consent to an assignment to a Minor League affiliate

of his Club for a duration not to exceed six (6) days

for a Player suspended for a period that encom-

passes between ten (10) and twenty (20) games; ten

(10) days for a Player suspended for a period that

encompasses between twenty-one (21) and thirty

(30) games; twelve (12) days for a Player suspended

for a period that encompasses between thirty-one

(31) and fifty (50) games; and fifteen (15) days for

a Player suspended for a period that encompasses

317

fifty-one (51) games or more. The Player will

receive neither pay nor Major League service and

will remain on the Restricted List during such an

assignment; however, the Player will be treated as if

he were a Major League Player on the road for pur-

poses of hotel accommodations and daily meal and

tip allowances.

d. A Player who is suspended while in the Minor

Leagues who is then selected to or otherwise placed

on the 40-Man Roster before such suspension is

complete shall continue his suspension at the Major

League level.

IV. Treatment and Intervention.

A. Joint Policy Board. The Parties shall establish a treatment

board (herein “Joint Policy Board”). The Joint Policy Board

shall be responsible for evaluating, and where treatment is

appropriate, supervising the treatment of Players who have

committed or are alleged to have committed Covered Acts. It

may also provide evaluation and treatment to Players who

voluntarily request the Board’s assistance.

B. Composition of Joint Policy Board. The Treatment Board

shall be composed of two representatives from each of the

Parties (“Party Representatives) and three experts in the field

of Domestic Violence, Sexual Assault and/or Child Abuse

who are jointly chosen by the Parties (“Expert Representa-

tives”), one of whom shall serve in rotation in each instance

where Notification is given by the Commissioner’s Office to

the Players Association under Section II.A above. Thus, five

members of the Joint Policy Board (four Party representa-

tives and one Expert Representative) shall constitute the Joint

Policy Board in each instance where Notification is given.

The Expert Representatives shall all serve one-year terms,

renewable by agreement of the Parties.

C. Referral to Joint Policy Board. A Player will be referred

to the Joint Policy Board when the Commissioner’s Office

provides the Notification referenced in Section II.A above.

318

The Player will submit to an initial evaluation conducted by

one of the Expert Representatives (“Initial Evaluation”) or

by another expert unanimously designated by the Board.

The Expert Representative or the other expert shall share

with the Joint Policy Board his or her recommendations for

a Treatment Plan (if any), but shall not provide to the Joint

Policy Board any other documents that relate to the Initial

Evaluation.

D. Treatment Plan. After the Initial Evaluation is conducted,

and consultations with the other Expert Representatives of

the Joint Policy Board and, if appropriate, outside experts

and/or the Player’s spouse or partner occur, the Expert Rep-

resentative on the Board who conducted the Initial Evalua-

tion shall develop a Treatment Plan for the Player if he or she

recommends such a Plan. The Joint Policy Board shall

approve, by majority vote, that Treatment Plan or return it to

the Expert Representative to reconsider and resubmit. Once

the Treatment Plan is approved, the Expert Representative

involved shall be responsible for providing a copy of the

Treatment Plan to the Player. The Expert Representative shall

also assume responsibility for overseeing the Player’s com-

pliance with the Treatment Plan, including identifying appro-

priate health care professionals in the Player’s home city to

provide counseling and intervention. The health care profes-

sionals treating the Player must provide the Expert Represen-

tative, at a frequency identified in the Treatment Plan, with

regular, standardized written status reports that detail the

Player’s progress and compliance with the Treatment Plan.

E. Treatment Plan Content. The Plan prescribed by the Joint

Policy Board for the Player may include the following non-

exhaustive list of prescribed and/or prohibited actions by a

Player:

1. Submission to psychological and other evaluations

(including but not limited to those assessing domestic

violence, child abuse, sexual assault and drug and/or

alcohol testing if separately directed or required under

the Joint Drug Agreement) as deemed necessary;

319

2. Attendance at prescribed counseling and other therapeu-

tic sessions;

3. Participation in educational training specific to under-

standing the effects of abuse on victims and their fami-

lies, including children, and the components of healthy

relationships and healthy confrontation;

4. Compliance with relevant court orders and/or agree-

ments between the Player and alleged victim, including

but not limited to support;

5. Relocation from a shared home temporarily or indefi-

nitely;

6. Acceptance of limits on the contact methods, frequency,

and subject matter with partner/spouse/children, and des-

ignated others;

7. Relinquishment of all weapons and agreement not to

secure more;

8. Compliance with any other reasonable direction

designed to promote safety for the partner/spouse, chil-

dren, Player, and any other person at risk; or

9. Any other relief designed to promote safety and further

the objectives of this Policy.

F. Treatment Plan Non-Compliance.

1. The Commissioner may discipline a Player who commits

a Covered Act (whether or not the same person was

involved in the initial complaint), including a Player in a

Treatment Plan under this Policy.

2. Except as provided in Section F.1 above, a majority vote

of the Joint Policy Board will determine whether the

Player has violated his Treatment Plan. If the Player has

done so, he will be subject to discipline for just cause

solely by the Commissioner pursuant to Section III above.

Before making its determination, the Player or his repre-

sentative may provide information to the Joint Policy

320

321

Board in the Player’s defense. The Joint Policy Board will

make its determination whether a Player has failed to

cooperate with an Initial Evaluation, or comply with a

Treatment Plan, by applying the following criteria:

a. A Player who refuses to submit to an Initial Evalua-

tion, including any follow-up meetings or tests

requested by the Expert Representative, will be

deemed to have violated his Treatment Plan.

b. A Player who consistently fails to participate in

mandatory sessions with his assigned health care

professional will be deemed to have failed to com-

ply with his Treatment Plan.

c. Absent a compelling justification, a Player will be

presumed to have failed to comply with his Treat-

ment Plan if his assigned health care professional

informs the Treatment Board in a status report that

the Player is not cooperating with the requirements

of his Treatment Plan.

G. Treatment Plan Modification. The Joint Policy Board

may periodically revise a Player’s Treatment Plan or extend

its end date on its own initiative, or on the recommendation

of the Player’s assigned health care professionals.

H. Communication. The Joint Policy Board shall make avail-

able a general partner/spouse and family information and

referral package when a Plan is implemented for a Player. The

Player’s Treatment Plan will not be shared with the partner/

spouse absent agreement of the Player. With the exception of

any statements or press releases made by the Office of the

Commissioner pursuant to Section IX below, all information

related to a Player’s involvement with the Joint Policy Board

shall be kept completely confidential.

V. Return to Active Status. All returns to active status for a

Player from a suspension that is upheld (or not challenged) are

subject to a certification of fitness from his assigned health care

professional and an agreement by the Player to adhere going for-

ward to any Plan prescribed by the Joint Policy Board.

VI. Confidentiality. The confidentiality of Player information is

essential to the success of this Policy. To ensure that confidential-

ity is protected, the Parties agree to the following confidentiality

provisions:

A. Definition. All information related to, arising from or con-

sidered in connection with the evaluation, counseling and

treatment of a Player by the Joint Policy Board, and all infor-

mation obtained by the Commissioner’s Office through its

investigation of an alleged Covered Act, is confidential, pro-

vided that this definition excludes information that has previ-

ously been made public or is made public by a source other

than the Player, the Players Association or the Commis-

sioner’s Office.

B. Prohibition on Disclosure. The Commissioner’s Office,

the Players Association, the Clubs, the Joint Policy Board

and any third parties who are consulted under this Policy are

prohibited from disclosing confidential information that they

already possess as defined above, except (i) in connection

with or in anticipation of a grievance or potential grievance

involving discipline or potential discipline under this Policy;

(ii) to inform the Player’s Club of the Player’s treatment

under the Policy; (iii) where necessary to effectively admin-

ister a Player’s treatment under the Policy; or (iv) where dis-

closure is required by law, including court order, and is not

subject to any claim of privilege. If the Commissioner’s

Office or the Joint Policy Board or any of their agents receive

a subpoena or other legal process seeking confidential infor-

mation, the Commissioner’s Office will notify the Players

Association and give it an opportunity to intervene and

oppose disclosure of the confidential information. Each Party

is responsible for ensuring that the individuals to whom they

disclose confidential information under this Policy maintain

the confidentiality of the information, and each Party will be

deemed responsible for any unauthorized disclosures by per-

sons to whom they provide confidential information.

322

C. Public Disclosure of Discipline. The Commissioner’s

Office may issue a statement announcing (i) the discipline of

a Player under this Policy, including the length of any sus-

pension, (ii) that a Player has been placed on administrative

leave pending an investigation under the Policy, or (iii) that

the Commissioner’s Office has stayed its investigation of an

alleged incident under this Policy pending resolution of a

criminal matter. The Commissioner’s Office will not other-

wise make announcements related to Covered Acts or alleged

Covered Acts under this Policy. Notwithstanding the forego-

ing, if a Player, the Players Association or the Player’s repre-

sentative makes statements challenging the discipline or

denying the alleged conduct, the Commissioner’s Office may

make a statement in response to such comments. The

Player’s Club may issue a public statement in response to the

announcement of a Player’s discipline under this Policy, pro-

vided that a draft of the statement is sent to the Players Asso-

ciation at least sixty (60) minutes prior to its issuance, and the

Club considers in good faith any comments provided by the

Players Association. If allegations related to a Player’s

alleged violation of the Policy become public through a

source other than the Commissioner’s Office, a Club or their

respective agents, the Commissioner’s Office may issue a

public statement that it is conducting an investigation of the

allegations, and the Players Association may issue a public

statement that it is monitoring the situation. Neither party

shall disclose any confidential information.

D. Enforcement. Either the Commissioner’s Office of the

Players Association may file a grievance under Article XI of

the Basic Agreement if the other Party violates the Confiden-

tiality provisions of this Policy. The Party bringing the griev-

ance has the burden of proof with respect to establishing the

violation. Media reports that do not identify a source of con-

fidential information do not establish a violation of the Con-

fidentiality provisions of this Policy without additional

evidence.

323

VII. Training, Education and Community Outreach.

A. Training/Education Committee. The Parties shall form

a joint Domestic Violence, Sexual Assault and Child Abuse

Policy Committee (“Policy Committee”) that will be com-

prised of three representatives of the Players Association,

three representatives of the Commissioner’s Office, and an

outside non-voting Domestic Violence, Child Abuse and/or

Sexual Assault specialist who shall be selected jointly by

the Parties.

B. Training/Education Programs. The Policy Committee

shall determine appropriate education and training pro-

grams for Players and their families. All aspects of the train-

ing and education program, including the frequency and

content of training and the selection of the training staff,

shall be determined jointly by the Parties through the Policy

Committee. All training and education shall be presented in

English and Spanish, and any statements made by Players

in such training or education sessions shall be kept strictly

confidential by the individuals conducting the training.

C. Community Outreach. The Policy Committee will

develop an annual program of public outreach on the topic

of domestic violence and other crimes against women. The

program may include donations to local and national organ-

izations, public service announcements featuring Players,

domestic violence awareness days at ballparks, domestic

violence informational fairs, websites, pamphlets and an

educational presence at Major League ballparks, Spring

Training sites, fanfests, and jewel events such as the All-

Star Game and post-season series.

VIII. Resources for Players and Their Families.

A. Confidential Assistance Program. The Parties shall

contract with a mutually-agreed upon domestic violence

services provider to offer support services to Players,

Players’ families, and victims on a confidential basis. The

vendor shall maintain a 24-hour helpline (both in English

and Spanish), staffed by Masters-level or highly experi-

enced counselors with the capacity to refer callers to a

324

health care professional in their local area with expertise

in domestic violence and family counseling. With the

exception of general usage statistics, the Parties shall not

be provided with any confidential information regarding

usage of the service by Players or their families.

B. Family Resources. The Parties, through the Policy

Committee, shall develop a plan for the publication of

referral information, websites, and resources (including

hotlines, shelters and outreach facilities) for spouses,

partners and families of Players in every Major League

city, Spring Training site and in the home countries of all

Players.

IX. Funding.

All programs pursuant to this Policy shall be jointly funded

through either the Industry Growth Fund or the International Tax

Fund.

X. Comparable Programs for MLB, Club, and PA Personnel.

The Parties agree that Major League Baseball, its affiliated busi-

nesses, every Club and the Players Association shall institute

Domestic Violence, Sexual Assault and Child Abuse Policies that

are comparable both in terms of scope and discipline for their

respective employees, managers, executives, and owners. The

cost of implementing and administering these comparable policies

will be the responsibility of the individual organization.

Effective December 1, 2016.

325

ADDENDUM A

Daniel R. Halem, Esquire

Chief Legal Officer

Major League Baseball

Office of the Commissioner

245 Park Avenue

New York, New York 10167

Re: Domestic

Violence Investigations

Dear Dan:

This letter will confirm our agreement regarding certain conduct

aimed at alleged victims and witnesses (“Covered Individuals”) who

are identified in the course of an investigation conducted under the par-

ties’ Joint Domestic Violence, Sexual Assault and Child Abuse Policy

(the “Policy”).

Effective the date of this agreement, it shall be deemed a failure

to cooperate under Section II.B.5 of the Policy for any Player (or any

individual acting on the Player’s behalf) to directly or indirectly

engage in conduct which is aimed at, or has the effect of, intimidating

or tampering with a Covered Individual, or of discouraging or prevent-

ing the cooperation of a Covered Individual, during an investigation

conducted pursuant to the Policy. In addition, it shall be deemed a fail-

ure to cooperate under Section II.B.5 of the Policy if a Player enters

into a settlement agreement or other agreement with a Covered Indi-

vidual that, because of a confidentiality or other non-disclosure provi-

sion in that agreement, prevents the Covered Individual or the Player

from cooperating with an investigation, including the disclosure of

documents, testimony, or other information concerning an alleged

Covered Act. However, it shall not be deemed a failure to cooperate

under the Policy if a Covered Individual’s decision not to cooperate

with a Commissioner’s Office investigation is reached of his or her

own volition.

A Player’s failure to cooperate as described in this letter shall

serve as an independent basis for just cause discipline (subject to chal-

lenge through the Grievance procedure), separate and apart from any

discipline the Player may receive as a result of committing a Covered

Act under the Policy.

326

This agreement is without prejudice to either party’s position

regarding (i) whether the conduct described above, if it occurred prior

to the date of this agreement, would constitute a violation of the Pol-

icy and/or the Basic Agreement as they were in effect on the date of

the alleged conduct; (ii) what other conduct, if any, would constitute

a failure to cooperate under Section II.B.5 of the Policy; or (iii) the

proper interpretation of any other provision of the Policy or the Basic

Agreement.

Very truly yours,

David M. Prouty

General Counsel

Major League Baseball

Players Association

327

ATTACHMENT 53

Rick Shapiro

Senior Advisor

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Mobile Devices

The purpose of this letter is to memorialize the following agree-

ments regarding use of handheld mobile devices (e.g., iPads, smart-

phones, etc.) in games during the term of the 2017–21 Basic

Agreement, including by Players and non-playing staff:

1. The Office of the Commissioner may make mobile devices

available in the dugout for coaching and scouting purposes

during Spring Training, the championship season, the All-

Star Game, and/or the post-season.

2. To the extent the Office of the Commissioner permits Club-

issued mobile devices in the dugout, such devices must be

used solely to capture image and video content of the game

on the field, of the dugout or the fans in the stands (“Con-

tent”) during Spring Training, the championship season, the

All-Star Game and/or the post-season, and any use of the

device and Content must adhere to the following protocols:

a. Such mobile devices may not contain third-party social

media software (e.g., Twitter, Snapchat, etc.), may not

leave the dugout or bullpen, and are never allowed on the

field.

b. All Content captured by such mobile devices must be

uploaded securely to a private content sharing site, and

the content will be mutually screened by representatives

of the Office of the Commissioner and the Players Asso-

ciation to ensure that it meets the criteria set forth in

paragraph (h) below.

c. After the screening contemplated above, the Content will

be made available to representatives of the Office of the

Commissioner and the Players Association via a secure,

private website. The Parties, and their respective con-

328

stituents, may use the content solely to promote MLB,

MLB Clubs, MLB players, or the sport of baseball,

including by posting Content on websites or social media

sites. Content may not be used for a commercial purpose

such as promoting a product or service.

d. Participation in any social media initiative shall be vol-

untary for players and staff members.

e. Players may use their own personal electronic devices

(e.g., phones, personal iPads, computers, etc.) until 30

minutes before the game and may use them again after

the game.

f. Use of Club-issued or other mobile devices should not

disrupt game activity or players who are playing in the

game.

g. Except following MLBPA approval, neither MLB nor the

Clubs may sell sponsorships or commercial opportunities

in connection with the use of mobile devices or transmis-

sion of Content as contemplated herein.

h. The following Content derived from the Club-issued

devices may not be publicly used or otherwise posted on

social media:

i. Posts containing information that may be viewed as

derogatory or insensitive to individuals based on

race, color, ancestry, sex, sexual orientation,

national origin, age, disability, or religion.

ii. Posts that contain obscene or sexually explicit lan-

guage or material.

iii. Posts containing profanity.

iv. Posts that contain negative, insensitive or harassing

information about a player, manager, Club

employee, Commissioner’s Office employee,

umpire, or fans.

v. Posts questioning the impartiality or skill of

umpires.

329

330

vi. Posts endorsing, promoting, or sponsoring a com-

mercial product or service, including, for clarity,

through the use of logos or watermarks on/in posts.

vii. Posts that may be construed as supporting the use of

alcohol or illegal drugs, including performance-

enhancing substances.

viii. Posts about game strategy, player health, umpiring,

or other information that may affect the integrity of

the game.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

ATTACHMENT 54

David M. Prouty, Esquire

General Counsel

Major League Baseball

Players Association

12 East 49th Street

New York, New York 10017

Re: Discipline for On-Field Conduct

Dear David:

I am writing to confirm certain understandings we have reached with

respect to discipline issued to a Player for conduct on the playing field

or in the ballpark. Specifically, the Parties have agreed as follows:

1. The fact that a Player leaves the bullpen during an on-field inci-

dent will be considered an aggravating factor in determining

the appropriate level of discipline for that Player, should he oth-

erwise act in a manner that warrants discipline (e.g., instigating

or committing an act of violence), but will not constitute inde-

pendent grounds for discipline and cannot elevate an appropri-

ate level of discipline from a fine to a suspension.

Except as set forth in Attachment 28, in the event that disci-

pline issued to a Player for conduct on the playing field or in

the ballpark includes a fine, the Player shall have the choice to

pay the fine to the Baseball Assistance Team (“BAT”) or the

MLB-MLBPA Youth Development Foundation. Notwithstand-

ing the foregoing, every fourth $1,000 fine issued by the Chief

Baseball Officer or the Commissioner for a pitcher intention-

ally throwing at a batter shall be paid to the Player’s Trust.

3. The Player and the Players Association will not appeal any

$1,000 fine for intentional throwing based on a claim that the

discipline is inconsistent with past practice or precedent.

Very truly yours,

Daniel R. Halem

Chief Legal Officer

Major League Baseball

Office of the Commissioner

331

ATTACHMENT 55

RECOMMENDED PROTOCOL FOR MRI

ELBOW

Note that for GE systems, the receiver bandwidth (RBW) is reported

as half-bandwidth (maximum frequency), so reported RBW of 31.25

(for example) is actually acquired at 62.5 kHz over the entire fre-

quency range.

For postoperative elbow, drop the GRE (series II) and reduce the slice

thickness on the coronal FSE to 1.6mm with no gap; the RBW should

be 62.5kHz on GE systems or 250 Hz/pixel on Siemens and Phillips.

Note: MRI protocol will vary based on the quality and type of scanner.

Coil Elbow: phased array

Position Feet first supine

Landmark Mid-humeral head or sternal notch

Series I Axial localizer

5"; 2D; axial; GE; seq; flip angle 30º; TE 13; TR 29; FOV 16 cm;

thk 5 mm, skip 0; matrix 256 x 128; Nex 0.75; offset LT or RT

150-170.

Series II Coronal

2D MPGR TR400-450/TE 20; FOV 14-15; BW 14.7kHz; matrix

512 x 224; slice 1.6-1.8mm with 0 gap; 3 NEX; flip 45 deg.

Series III Axial FSE

2D; SE, NPW, fast, VB, GRX, ETL 8-14; TE 34(Ef);

TR 3000-4000; phase correct; VBW 31.25kHz; FOV 14 cm; thk

3.5-4 mm; skip 0 mm; matrix 512 x 256-288; freq A/P; NEX 2.

Series IV Sagittal FSE 2D SE

FC; NPW, fast, VB; GRX; ETL 10-12; TE 34(Ef); TR 3500-4000;

phase correct; VBW 31.25 kHz; FOV 14-15 cm; thk 3.5-4 mm;

skip 0; matrix 512 x 320-384; freq A/P; NEX 2.

Series V Coronal FSE 2D

ETL 10-13; TR 3500-4000; TE (Ef 34); matrix 512 x 320;

2 NEX; phase S/I; slice thickness 2mm, 0 gap; FOV 14-15cm;

BW 31.25

Series VI Coronal fast inversion recovery

TR 4000-4500 / TE 12 / TI 150, ETL 8-12, FOV 15decm, slice

thickness 3mm, 0mm gap, 256 x 192, 2NEX, NPW, BW 16

332

SHOULDER

BW — bandwidth

ETL — echo train length

SL — slice thickness

NEX — number of excitations

Note that for GE systems, the receiver bandwidth (RBW) is reported

as half-bandwidth (maximum frequency), so reported RBW of 31.25

(for example) is actually acquired at 62.5 kHz over the entire fre-

quency range

Note: MRI protocol will vary based on the quality and type of scanner.

Coil Shoulder: Med Rad shoulder phased array

Position Head first supine

Landmark Mid-humeral head or sternal notch

Series I Axial localizer

Shoulder; 2D; axial GE TE 13; TR 34; flip angle 30º; FOV 24 cm;

THK 15mm; skip 0mm; OFF SET

RT 125 or LT 125;

matrix 256 x 128; NEX .75

Series II Coronal oblique fast spin echo

Shoulder; 2D; oblique; SE; fast, VB, NPW; graphics; ETL 8-14;

phase correct; VB 31.25; TE 34; TR 4000 +/– depending on pt.

size; FOV 16cm; THK 3mm; skip 0mm; matrix 512 x 384;

NEX 2

Series III Coronal oblique fast spin echo (FATSAT)

Shoulder; 2D; oblique; SE; fast, VB; NPW; graphics; ETL 8-10;

TE 55; TR 4000; phase correct, VB 20.83; FOV 16cm;

THK 3mm; skip 0 mm; fat suppression; SAT pulse;

matrix 256 x 224; NEX 2

Series IV Axial fast spin echo

Shoulder; 2D; axial; fast; SE; no phase wrap; bandwidth 31.25;

ETL 8-14; TE 34; TR 4000; FOV 15-16cm; THK 3.5mm;

skip 0mm; matrix 512 x 384; NEX 2; phase correct

Series V Body coil axial FSE

matrix 512 x 256; 12 slices, 24 FOV just thru the condyles of

same side elbow for anteversion correction; make sure the patient

body position does NOT change from shoulder study.

Series VI ABER FSE oblique axial from coronal FAT SAT

333

ATTACHMENT 56

Chris Marinak

Sr. Vice President, Economics & Strategy

Office of the Commissioner

of Major League Baseball

245 Park Ave.

New York, New York 10167

Re: W

earable Technology

Dear Chris:

This letter memorializes our agreement regarding the approval,

use and implementation of “wearable technology” (defined below)

during Spring Training, the championship season and the post-

season. The Office of the Commissioner and the Major League Base-

ball Players Association (the “Association”) hereby agree as follows:

1. As referenced in this Agreement “wearable technology”

refers to any equipment, program, software, device or attire which is

designed to collect and/or analyze information or data related to a

Player’s health or performance at any location (including on-field, off-

field and/or away from the ballpark). Such technologies include, with-

out limitation: activity trackers, electronic bat sensors, biomechanics

compression attire, GPS/tracking compression attire and any device,

sensor, equipment, attire or dashboard technology which is designed to

measure a Player’s health, performance and/or readiness.

2. Any use of a wearable technology by a Player (including use

on-field, off-field and/or away from the ballpark) shall be wholly vol-

untary and Clubs must refrain from making any suggestion that the use

of such technology is anything less than wholly voluntary. There will

be no consequences to a Player if he declines to use any wearable tech-

nology, or if he discontinues his use of such a technology.

3. Before a Player can voluntarily agree to use a wearable tech-

nology, the Club must first provide the Player a written explanation of

the technology being proposed, along with a list of the Club represen-

tatives who will have access to the information and data collected, gen-

erated, stored and/or analyzed (the “Wearable Data”). If the wearable

technology includes the ability to create a login or otherwise provide

direct access to the Player’s personal data, the Club shall make that

334

data available to the Player. In the event this functionality is not avail-

able, the Club must provide a copy of the Player’s data to the Player

upon his request.

4. Any and all Wearable Data shall be treated as highly confi-

dential at all times, including after the expiration, suspension or termi-

nation of this Agreement, shall not become a part of the Player’s

medical record, and shall not be disclosed by a Club to any party other

than those persons listed in this Paragraph 4 without the express written

consent of the Player and the Association. In addition, all such Data

must be destroyed or permanently deleted in the event a Player requests

to have such Data destroyed or deleted, in which case a Player may

request a copy of his data prior to its destruction or deletion. Only the

following Club representatives (and individuals working at the direc-

tion of such representatives) shall be permitted access to Wearable

Data: General Manager, Assistant General Manager, Field Manager,

Team Physician, Certified Athletic Trainer, Strength and Conditioning

Coach, Rehabilitation Coordinator and an individual hired by a Club to

manage the use and administration of wearable technology. A Player

may request in writing that the Club further restrict or expand the list of

representatives who will have access to such information and data. If

the Club does not comply with such a request, the Player may decline

to use or discontinue his use of the wearable technology.

5. Any commercial use or exploitation of such information or

data by a Club, Major League Baseball, or any Major League Baseball-

related entity or other third party is strictly prohibited.

6. No Player may use a wearable technology in games or pre-

game activities (e.g., batting practice)—and no Club may request that

a Player use a wearable technology in games or pre-game activities—

unless it has been approved by the Playing Rules Committee (“PRC”)

in accordance with Official Baseball Rule 3.09 (Note). A list of tech-

nologies that have been approved (or partially approved) by the PRC

shall be included annually in the On-Field Regulations.

7. No later than January 15, 2017, the Parties will establish a

Joint Committee on Wearable Technology (“JCWT”) comprised of the

Parties’ Joint Strength & Conditioning Coordinator, two members

appointed by the Association and two members appointed by the

Office of the Commissioner. The JCWT will review the potential use

of any new wearable technology in games or pre-game activities, and

335

shall make a recommendation to the PRC regarding whether to

approve such technology. If a new wearable technology for pre-game

activities or in-game use is proposed to the Commissioner’s Office

during the term of this Agreement, the Commissioner’s Office shall

immediately notify the JCWT via email, including details about the

submitted wearable technology. In addition, a Player or the Association

may submit a wearable technology to the JCWT for approval by deliv-

ering a written request for approval to the JCWT. The JCWT also shall

meet and confer biannually to discuss issues relating to Player safety,

data management, privacy and confidentiality and any other topics

which are deemed relevant by two or more members of the Commit-

tee. If the Office of the Commissioner or the Association becomes

aware that a non-approved wearable technology is being used in games

or pre-game activities, the Commissioner’s Office or the Association,

as the case may be, shall notify the other party in writing and the

JCWT shall promptly confer to discuss a recommendation to the PRC.

8. Beginning in 2017, within forty-five (45) days of the conclu-

sion of each World Series covered by this Agreement, the Parties will

meet and confer regarding potential changes to this Agreement based

on developments during the previous year and any advice received

by the JCWT. Unless suspended, terminated or superseded by a sub-

sequent agreement, this Agreement shall be coterminous with the

2017–21 Basic Agreement.

9. This Agreement shall be without prejudice to the respective

positions of the Parties regarding the use of wearable technology by

the Players, and shall not constitute, nor be used as precedent,

evidence, or otherwise, in any future negotiations over such use.

Very truly yours,

Matthew R. Nussbaum

Assistant General Counsel

Major League Baseball

Players Association

336

APPENDIX A

MAJOR LEAGUE

UNIFORM PLAYER’S CONTRACT

Parties

Between , herein called the Club,

and

, herein called the Player.

Recital

The Club is, along with other Major League Clubs, signatory to the

Major League Constitution and has subscribed to the Major League

Rules.

Agreement

In consideration of the facts above recited and of the promises of each

to the other, the parties agree as follows:

Employment

1. The Club hereby employs the Player to render, and the Player

agrees to render, skilled services as a baseball player during the year(s)

including the Club’s training season, the

Club’s exhibition games, the Club’s playing season, the Wild Card

Game, the Division Series, the League Championship Series and the

World Series (or any other official series in which the Club may par-

ticipate and in any receipts of which the Player may be entitled

to share).

Payment

2. For performance of the Player’s services and promises hereunder

the Club will pay the Player the sum of $

in semi-

monthly installments after the commencement of the championship

season(s) covered by this contract except as the schedule of payments

may be modified by a special covenant. Payment shall be made on the

day the amount becomes due, regardless of whether the Club is

“home” or “abroad.” If a monthly rate of payment is stipulated above,

337

it shall begin with the commencement of the championship season (or

such subsequent date as the Player’s services may commence) and end

with the termination of the championship season and shall be payable

in semi-monthly installments as above provided.

Nothing herein shall interfere with the right of the Club and the Player

by special covenant herein to mutually agree upon a method of pay-

ment whereby part of the Player’s salary for the above year can be

deferred to subsequent years. The Club shall be permitted to deduct

from the Player’s salary only those amounts that are specifically

authorized by the Basic Agreement, this contract, any mutually agreed

upon special covenant hereto, or a separate authorization signed by the

Player. Any special covenant or authorization for a deduction from the

Player’s salary must state with specificity the particular expense for

which the deduction is authorized. All deductions from a Player’s

salary must be identified on the Player’s paystub and, if necessary, a

separate document.

If the Player is in the service of the Club for part of the championship

season only, he shall receive such proportion of the sum above men-

tioned, as the number of days of his actual employment in the

championship season bears to the number of days in the championship

season. Notwithstanding the rate of payment stipulated above, the min-

imum rate of payment to the Player for each day of service on a Major

League Club shall be at the applicable rate set forth in Article VI(A)(1)

of the Basic Agreement between the Thirty Major League Clubs and

the Major League Baseball Players Association, effective December 1,

2016 (“Basic Agreement”). The minimum rate of payment for Minor

League service for all Players (a) signing a second Major League con-

tract (not covering the same season as any such Player’s initial Major

League contract) or a subsequent Major League contract, or (b) having

at least one day of Major League service, shall be at the applicable rate

set forth in Article VI(A)(2) of the Basic Agreement. The minimum

rate of payment for Minor League service for all Players signing a first

Major League contract who are not covered by Article VI(A)(2) of the

Basic Agreement shall be at the applicable rate set forth in Article

VI(A)(3) of the Basic Agreement.

Payment to the Player at the rate stipulated above shall be continued

throughout any period in which a Player is required to attend a regu-

larly scheduled military encampment of the Reserve of the Armed

Forces or of the National Guard during the championship season.

338

Loyalty

3.(a) The Player agrees to perform his services hereunder diligently

and faithfully, to keep himself in first-class physical condition and to

obey the Club’s training rules, and pledges himself to the American

public and to the Club to conform to high standards of personal con-

duct, fair play and good sportsmanship.

Baseball Promotion

3.(b) In addition to his services in connection with the actual playing of

baseball, the Player agrees to cooperate with the Club and participate in

any and all reasonable promotional activities of the Club and Major

League Baseball, which, in the opinion of the Club, will promote the

welfare of the Club or professional baseball, and to observe and comply

with all reasonable requirements of the Club respecting conduct and

service of its team and its players, at all times whether on or off the field.

Pictures and Public Appearances

3.(c) The Player agrees that his picture may be taken for still photo-

graphs, motion pictures or television at such times as the Club may

designate and agrees that all rights in such pictures shall belong to the

Club and may be used by the Club for publicity purposes in any man-

ner it desires. The Player further agrees that during the playing season

he will not make public appearances, participate in radio or television

programs or permit his picture to be taken or write or sponsor newspa-

per or magazine articles or sponsor commercial products without the

written consent of the Club, which shall not be withheld except in the

reasonable interests of the Club or professional baseball.

PLAYER REPRESENTATIONS

Ability

4.(a) The Player represents and agrees that he has exceptional and

unique skill and ability as a baseball player; that his services to be ren-

dered hereunder are of a special, unusual and extraordinary character

which gives them peculiar value which cannot be reasonably or ade-

quately compensated for in damages at law, and that the Player’s

breach of this contract will cause the Club great and irreparable injury

and damage. The Player agrees that, in addition to other remedies, the

Club shall be entitled to injunctive and other equitable relief to prevent

339

a breach of this contract by the Player, including, among others, the

right to enjoin the Player from playing baseball for any other person or

organization during the term of his contract.

Condition

4.(b) The Player represents that he has no physical or mental defects

known to him and unknown to the appropriate representative of the

Club which would prevent or impair performance of his services.

Interest in Club

4.(c) The Player represents that he does not, directly or indirectly, own

stock or have any financial interest in the ownership or earnings of any

Major League Club, except as hereinafter expressly set forth, and

covenants that he will not hereafter, while connected with any Major

League Club, acquire or hold any such stock or interest except in

accordance with Major League Rule 20(e).

Service

5.(a) The Player agrees that, while under contract, and prior to expira-

tion of the Club’s right to renew this contract, he will not play baseball

otherwise than for the Club, except that the Player may participate in

post-season games under the conditions prescribed in the Major

League Rules. Major League Rule 18(b) is set forth herein.

Other Sports

5.(b) The Player and the Club recognize and agree that the Player’s

participation in certain other sports may impair or destroy his ability

and skill as a baseball player. Accordingly, the Player agrees that he

will not engage in professional boxing or wrestling; and that, except

with the written consent of the Club, he will not engage in skiing, auto

racing, motorcycle racing, sky diving, or in any game or exhibition of

football, soccer, professional league basketball, ice hockey or other

sport involving a substantial risk of personal injury.

Assignment

6.(a) The Player agrees that his contract may be assigned by the Club

(and reassigned by any assignee Club) to any other Club in accordance

340

with the Major League Rules. The Club and the Player may, without

obtaining special approval, agree by special covenant to limit or elim-

inate the right of the Club to assign this contract.

Medical Information

6.(b) The Player agrees:

(1)

that the Club’s physician and any other physician or medical

professional consulted by the Player pursuant to Regulation 2 of this

contract or Article XIII(D) of the Basic Agreement may furnish to the

Club all relevant medical information relating to the Player. Except as

permitted by Article XIII(G) of the Basic Agreement, which is incor-

porated herein by reference, the Club is prohibited from re-disclosing

any such information without the express written consent of the

Player. The Club’s physician shall be the custodian of the medical

records furnished to a Club pursuant to this Paragraph 6(b). The Club’s

trainers shall have access to all such records provided to the Club.

(2) that, should the Club contemplate an assignment of this con-

tract to another Club or Clubs, the Club’s physician may furnish to

the physicians and officials of such other Club or Clubs all relevant

medical information relating to the Player; provided, however, that

said physicians and officials are prohibited from re-disclosing any

such information without the express written consent of the Player.

In addition, within thirty (30) days from the receipt of the Player’s

medical information, the physicians and officials of the Club which

requested the medical information will return any and all documents

received to the Player’s Club, and will not keep copies of any doc-

uments it received or any other records indicating the substance of

the medical information transmitted. If the Player’s UPC is assigned

before the information is returned in accordance with this subpara-

graph (2), the assignee Club may retain the information. A Player

may, at the time that he is no longer under reserve to the Club or on

December 1 of every other year, whichever is earlier, request that

the Club notify him of the Clubs to which his medical information

was provided pursuant to this Paragraph 6(b)(2).

No Salary Reduction

6.(c) The amount stated in paragraph 2 and in special covenants

hereof which is payable to the Player for the period stated in paragraph

341

1 hereof shall not be diminished by any such assignment, except for

failure to report as provided in the next subparagraph (d).

Reporting

6.(d) The Player shall report to the assignee Club promptly (as provided

in the Regulations) upon receipt of written notice from the Club of the

assignment of this contract. If the Player fails to so report, he shall not

be entitled to any payment for the period from the date he receives writ-

ten notice of assignment until he reports to the assignee Club.

Obligations of Assignor and Assignee Clubs

6.(e) Upon and after such assignment, all rights and obligations of the

assignor Club hereunder shall become the rights and obligations of the

assignee Club; provided, however, that

(1) The assignee Club shall be liable to the Player for payments

accruing from the date of assignment and shall not be liable (but the

assignor Club shall remain liable) for payments accrued prior to and

including that date.

(2) If at any time the assignee is a Major League Club, it shall be

liable to pay the Player at the full rate stipulated in paragraph 2

hereof for the remainder of the period stated in paragraph 1 hereof

and all prior assignors and assignees shall be relieved of liability for

any payment for such period.

(3) Unless the assignor and assignee Clubs agree otherwise, if

the assignee Club is a Minor League Baseball Club, the assignee

Club shall be liable only to pay the Player at the rate usually paid by

said assignee Club to other Players of similar skill and ability in its

classification and the assignor Club shall be liable to pay the differ-

ence for the remainder of the period stated in paragraph 1 hereof

between an amount computed at the rate stipulated in paragraph 2

hereof and the amount so payable by the assignee Club.

(4)

If performance and/or award bonuses are included as Special

Covenants hereunder and an assignment is made during the champion-

ship season, the responsibility for such bonuses shall be as follows:

342

343

(i) All performance and/or award bonuses earned prior to the

assignment shall be the responsibility of the assignor Club;

(ii) The responsibility for any and all performance bonuses

earned after the assignment shall be prorated between the

assignor and assignee Clubs in proportion to the total number of

relevant events attained during the season with each Club

involved; and

(iii) The responsibility for any and all award bonuses earned

after the assignment shall be the full and exclusive responsibility

of the Club for whom the Player was performing services at the

end of the championship season. For purposes of this paragraph,

an award bonus for election or selection to the All-Star Game

shall be deemed to be earned on the day of the announcement of

the election or selection, an award bonus for performance over

the championship season shall be deemed earned on the last day

of the championship season and an award bonus for performance

in the post-season shall be deemed earned on the day of the

announcement of the award.

Moving Allowances

6.(f) The Player shall be entitled to moving allowances under the cir-

cumstances and in the amounts set forth in Articles VII(E) and VIII of

the Basic Agreement.

“Club”

6.(g) All references in other paragraphs of this contract to “the Club”

shall be deemed to mean and include any assignee of this contract.

TERMINATION

By Player

7.(a) The Player may terminate this contract, upon written notice to

the Club, if the Club shall default in the payments to the Player pro-

vided for in paragraph 2 hereof or shall fail to perform any other obli-

gation agreed to be performed by the Club hereunder and if the Club

shall fail to remedy such default within ten (10) days after the receipt

by the Club of written notice of such default. The Player may also ter-

minate this contract as provided in subparagraph (d)(4) of this para-

graph 7. (See Article XV(J) of the Basic Agreement.)

By Club

7.(b) The Club may terminate this contract upon written notice to the

Player (but only after requesting and obtaining waivers of this contract

from all other Major League Clubs) if the Player shall at any time:

(1) fail, refuse or neglect to conform his personal conduct to the

standards of good citizenship and good sportsmanship or to keep

himself in first-class physical condition or to obey the Club’s train-

ing rules; or

(2) fail, in the opinion of the Club’s management, to exhibit suf-

ficient skill or competitive ability to qualify or continue as a mem-

ber of the Club’s team; or

(3) fail, refuse or neglect to render his services hereunder or in

any other manner materially breach this contract.

7.(c) If this contract is terminated by the Club, the Player shall be enti-

tled to termination pay under the circumstances and in the amounts set

forth in Article IX of the Basic Agreement. In addition, the Player shall

be entitled to receive an amount equal to the reasonable traveling

expenses of the Player, including first-class jet air fare and meals en

route, to his home city.

Procedure

7.(d) If the Club proposes to terminate this contract in accordance

with subparagraph (b) of this paragraph 7, the procedure shall be as

follows:

(1) The Club shall request waivers from all other Major League

Clubs. Such waivers shall be good for the periods specified in Major

League Rule 10. Such waiver request must state that it is for the pur-

pose of terminating this contract and it may not be withdrawn.

(2) Upon receipt of waiver request, any other Major League

Club may claim assignment of this contract at a waiver price of

344

$1.00, the priority of claims to be determined in accordance with the

Major League Rules.

(3) If this contract is so claimed, the Club shall, promptly and

before any assignment, notify the Player that it had requested

waivers for the purpose of terminating this contract and that the con-

tract had been claimed.

(4) Within five (5) days after receipt of notice of such claim, the

Player shall be entitled, by written notice to the Club, to terminate

this contract on the date of his notice of termination. If the Player

fails to so notify the Club, this contract shall be assigned to the

claiming Club.

(5) If the contract is not claimed, the Club shall promptly deliver

written notice of termination to the Player at the expiration of the

waiver period.

7.(e) Upon any termination of this contract by the Player, all obliga-

tions of both Parties hereunder shall cease on the date of termination,

except the obligation of the Club to pay the Player’s compensation to

said date.

Regulations

8. The Player accepts as part of this contract the Regulations set forth

herein.

Rules

9.(a) The Club and the Player agree to accept, abide by and comply with

all provisions of the Major League Constitution, and the Major League

Rules, or other rules or regulations in effect on the date of this Uniform

Player’s Contract, which are not inconsistent with the provisions of this

contract or the provisions of any agreement between the Major League

Clubs and the Major League Baseball Players Association, provided that

the Club, together with the other Major League Clubs and Minor League

Baseball, reserves the right to modify, supplement or repeal any provi-

sion of said Constitution, Major League Rules or other rules and regula-

tions in a manner not inconsistent with this contract or the provisions of

any then existing agreement between the Major League Clubs and the

Major League Baseball Players Association.

345

346

Disputes

9.(b) All disputes between the Player and the Club which are covered

by the Grievance Procedure as set forth in the Basic Agreement shall

be resolved in accordance with such Grievance Procedure.

Publication

9.(c) The Club, the Chief Baseball Officer and the Commissioner, or

any of them, may make public the findings, decision and record of any

inquiry, investigation or hearing held or conducted, including in such

record all evidence or information given, received, or obtained in con-

nection therewith.

Renewal

10.(a) Unless the Player has exercised his right to become a free agent

as set forth in the Basic Agreement, the Club may retain reservation

rights over the Player by instructing the Office of the Commissioner to

tender to the Player a contract for the term of the next year by includ-

ing the Player on the Central Tender Letter that the Office of the Com-

missioner submits to the Players Association on or before December 2

(or, if December 2 is a Saturday or Sunday, then on or before the pre-

ceding business day) in the year of the last playing season covered by

this contract. (See Article XX(A) of and Attachments 9 and 12 to the

Basic Agreement.) If prior to the March 1 next succeeding said

December 2, the Player and the Club have not agreed upon the terms

of such contract, then on or before ten (10) days after said March 1, the

Club shall have the right by written notice to the Player at his address

following his signature hereto, or if none be given, then at his last

address of record with the Club, to renew this contract for the period

of one year on the same terms, except that the amount payable to the

Player shall be such as the Club shall fix in said notice; provided, how-

ever, that said amount, if fixed by a Major League Club, shall be in an

amount payable at a rate not less than as specified in Article VI, Sec-

tion B, of the Basic Agreement. Subject to the Player’s rights as set

forth in the Basic Agreement, the Club may renew this contract from

year to year.

347

10.(b) The Club’s right to renew this contract, as provided in subpara-

graph (a) of this paragraph 10, and the promise of the Player not to play

otherwise than with the Club have been taken into consideration in

determining the amount payable under paragraph 2 hereof.

Governmental Regulation–National Emergency

11. This contract is subject to federal or state legislation, regulations,

executive or other official orders or other governmental action, now or

hereafter in effect respecting military, naval, air or other governmental

service, which may directly or indirectly affect the Player, Club or the

League and subject also to the right of the Commissioner to suspend

the operation of this contract during any national emergency during

which Major League Baseball is not played.

Commissioner

12. The term “Commissioner” wherever used in this contract shall be

deemed to mean the Commissioner designated under the Major League

Constitution, or in the case of a vacancy in the office of Commissioner,

the Executive Council or such other body or person or persons as shall

be designated in the Major League Constitution to exercise the powers

and duties of the Commissioner during such vacancy.

Supplemental Agreements

The Club and the Player covenant that this contract, the Basic Agree-

ment, the Agreement Re Major League Baseball Players Benefit Plan

and Major League Baseball’s Joint Drug Prevention and Treatment

Program and applicable supplements thereto fully set forth all under-

standings and agreements between them, and agree that no other

understandings or agreements, whether heretofore or hereafter made,

shall be valid, recognizable, or of any effect whatsoever, unless

expressly set forth in a new or supplemental contract executed by the

Player and the Club (acting by its President or such other officer as

shall have been thereunto duly authorized by the President or Board of

Directors as evidenced by a certificate filed of record with the Com-

missioner) and complying with the Major League Rules.

Special Covenants

Approval

This contract or any supplement hereto shall not be valid or effective

unless and until approved by the Commissioner.

Signed in duplicate this

day of , A.D.

(Player) (Club)

(Home address of Player) (Authorized Signature)

FOR COMMISSIONER’S OFFICE USE ONLY

348

REGULATIONS

1. The Club’s playing season for each year covered by this contract

and all renewals hereof shall be as fixed by the Office of the

Commissioner.

2. The Player, when requested by the Club, must submit to a complete

physical examination at the expense of the Club, and if necessary to

treatment by a physician, dentist, certified athletic trainer or other med-

ical professional in good standing. Upon refusal of the Player to submit

to a complete medical or dental examination, the Club may consider

such refusal a violation of this regulation and may take such action as it

deems advisable under Regulation 5 of this contract. Disability directly

resulting from injury sustained in the course and within the scope of his

employment under this contract shall not impair the right of the Player

to receive his full salary for the period of such disability or for the sea-

son in which the injury was sustained (whichever period is shorter),

together with the reasonable medical and hospital expenses incurred by

reason of the injury and during the term of this contract or for a period

of up to two years from the date of initial treatment for such injury,

whichever period is longer, but only upon the express prerequisite con-

ditions that (a) written notice of such injury, including the time, place,

cause and nature of the injury, is served upon and received by the Club

within twenty days of the sustaining of said injury and (b) the Club shall

have the right to designate the health care facilities, physicians, dentists,

certified athletic trainers or other medical professionals furnishing such

medical and hospital services. Failure to give such notice shall not

impair the rights of the Player, as herein set forth, if the Club has actual

knowledge of such injury. All workmen’s compensation payments

received by the Player as compensation for loss of income for a specific

period during which the Club is paying him in full, shall be paid over

by the Player to the Club. Any other disability may be ground for sus-

pending or terminating this contract.

3. The Club will furnish the Player with two complete uniforms,

exclusive of shoes, unless the Club requires the Player to wear non-

standard shoes in which case the Club will furnish the shoes. The uni-

forms will be surrendered by the Player to the Club at the end of the

season or upon termination of this contract.

349

4. The Player shall be entitled to expense allowances under the cir-

cumstances and in the amounts set forth in Article VII of the Basic

Agreement.

5. For violation by the Player of any regulation or other provision of

this contract, the Club may impose a reasonable fine and deduct the

amount thereof from the Player’s salary or may suspend the Player

without salary for a reasonable period or both. Written notice of the

fine or suspension or both and the reason thereof shall in every case be

given to the Player and the Players Association. (See Article XII of the

Basic Agreement.)

6. In order to enable the Player to fit himself for his duties under this

contract, the Club may require the Player to report for practice at such

places as the Club may designate and to participate in such exhibition

contests as may be arranged by the Club, without any other compensa-

tion than that herein elsewhere provided, for a period beginning not ear-

lier than thirty-three (33) days prior to the start of the championship

season; provided, however, that the Club may invite players to report at

an earlier date on a voluntary basis in accordance with Article XIV of the

Basic Agreement. The Club will pay the necessary traveling expenses,

including the first-class jet air fare and meals en route of the Player from

his home city to the training place of the Club, whether he be ordered to

go there directly or by way of the home city of the Club. In the event of

the failure of the Player to report for practice or to participate in the exhi-

bition games, as required and provided for, he shall be required to get

into playing condition to the satisfaction of the Club’s team manager,

and at the Player’s own expense, before his salary shall commence.

7. In case of assignment of this contract, the Player shall report

promptly to the assignee Club within 72 hours from the date he

receives written notice from the Club of such assignment.

8. Upon signing this contract, the Player shall execute the enclosed

Life Insurance Notice and Consent Form in connection with the Club’s

participation in the League-wide Player Life Insurance Program.

Post-Season Exhibition Games. Major League Rule 18(b) provides:

(b) EXHIBITION GAMES. No player shall participate in any

exhibition game during the period between the close of the Major

League championship season and the following training season,

except that, with the consent of the player’s Club and permission of

350

the Commissioner, a player may participate in exhibition games for

a period of not less than 30 days, such period to be designated annu-

ally by the Commissioner. Players who participate in barnstorming

during this period cannot engage in any Winter League activities.

Player conduct, on and off the field, in connection with such post-

season exhibition games shall be subject to the discipline of the

Commissioner. The Commissioner shall not approve of more than

three players of any one Club on the same team. The Commissioner

shall not approve of more than three players from the joint member-

ship of the World Series participants playing in the same game.

No player shall participate in any exhibition game with or against

any team which, during the current season or within one year, has

had any ineligible player or which is or has been during the current

season or within one year, managed and controlled by an ineligible

player or by any person who has listed an ineligible player under an

assumed name or who otherwise has violated, or attempted to vio-

late, any exhibition game contract; or with or against any team

which, during said season or within one year, has played against

teams containing such ineligible players, or so managed or con-

trolled. Any player who participates in such a game in violation of

this Rule 18 shall be fined not less than $50 nor more than $500,

except that in no event shall such fine be less than the consideration

received by such player for participating in such game.

PRINTED IN U.S.A. REVISED AS OF DECEMBER 2016

351

LIFE INSURANCE NOTICE AND CONSENT FORM

1. Your Club intends to insure your life under the League-wide Player

Life Insurance Policy (or any replacement thereof) and League Disas-

ter Insurance Policy (or any replacement thereof), as well as the Club-

purchased insurance policy or policies, if any, whose maximum

amount of insurance coverage is referenced in the fourth bullet point

in paragraph 2 below (if included in this consent) (collectively the

“Policy”). The purpose of the Policy is to offset amounts that your

Club may pay under your Uniform Player’s Contract (“Player Con-

tract”) in the event of your death and/or to provide financial assistance

to your Club, other affected Clubs or the Office of the Commissioner

of Baseball for costs and damages to your Club, other affected Clubs

or the Office of the Commissioner of Baseball that they may incur as

a result of your death.

2. The maximum amount of life insurance coverage for which you may

be insured at the time the Policy is issued will be equal to the sum of:

• Seven million dollars ($7,000,000), of which a minimum of four

million ($4,000,000) will be provided to your Club and up to an

additional three million ($3,000,000) to either your Club, other

affected Clubs or the Office of the Commissioner of Baseball;

• The Major League salary provided under your Player Contract, up

to one million dollars ($1,000,000); and

(if applicable)

• Seventy-five percent (75%) of the amount by which the Major

League salary provided under your Player Contract exceeds one

million dollars ($1,000,000), all of which will be provided to your

Club

• And [Amount], all of which will be provided to your Club.

In no event will the amount for which your life is insured under the

Policy ever exceed a maximum limit of [thirty seven million dollars

($37,000,000)]. The amount of coverage that your Club purchases

under the Policy may be reduced under certain circumstances in order

to reflect (if applicable) other insurance coverage on your life. The

amount of insurance coverage that your Club purchases under the Pol-

icy may decrease over time as the amount owed under your Player

Contract is paid to you.

352

3. Your Club may purchase insurance coverage on you under the Pol-

icy before you and your Club sign your Player Contract. Your Club

will do so only when and if there is an agreement in principle with you

as to the terms of your Player Contract and such terms have been

reported to, and confirmed by, the Office of the Commissioner of

Baseball and the Major League Baseball Players Association.

4. The Policy may be in effect for the length of your Player Contract

and may be in effect for periods that extend beyond the length of your

Player Contract, including for periods after your employment with the

Club has terminated. Each time you enter into a new or revised Player

Contract, a new Policy may be purchased and you may be asked to sign

a new consent form.

5. Your Club, other affected Clubs or the Office of the Commissioner

of Baseball will be the beneficiaries of any life insurance proceeds

payable under the Policy in the event of your death.

Consent of Employee for Life Insurance Coverage

By signing below, I agree to, consent to, and understand the

following

A. I may be insured under the Policy up to a maximum face amount

equal to the sum of:

• Seven million dollars ($7,000,000) of which a minimum of four

million ($4,000,000) will be provided to my Club and up to an

additional three million ($3,000,000) to either my Club, other

affected Clubs or the Office of the Commissioner of Baseball;

• The Major League salary provided under my Player Contract, up

to one million dollars ($1,000,000), and (if applicable)

• Seventy-five percent (75%) of the amount by which the Major

League salary provided under my Player Contract exceeds one

million dollars ($1,000,000) all of which will be provided to my

Club

• And [Amount], all of which will be provided to my Club.

B. The amount for which my life is insured under the Policy will

never exceed a maximum limit of [thirty seven million dollars

($37,000,000)]. The amount of coverage may be reduced under certain

353

circumstances in order to reflect (if applicable) other insurance cover-

age on my life. The amount of insurance coverage may decrease over

time as the amount owed under my Player Contract is paid to me.

C. My Club (or a Trust established by my Club and other Major

League Baseball clubs, the Office of the Commissioner of Baseball or

a combination of Clubs) will be the owner of the Policy. My Club will

be the beneficiary and, in an amount not exceeding three million dol-

lars ($3,000,000), other affected Clubs and the Office of the Commis-

sioner of Baseball may also be beneficiaries of the Policy.

D. The Policy may be in effect for the length of my Player Contract

and may be in effect for periods that extend beyond the length of my

Player Contract, including for periods after my employment with the

Club has terminated. Each time I enter into a new or revised Player

Contract, a new Policy may be purchased and I may be asked to sign a

new consent form.

E. Neither my heirs nor I will receive any rights or benefits, including

the payment of a death benefit, under the Policy. The death benefit

under the Policy will be payable to my Club, or, in an amount not

exceeding three million dollars ($3,000,000), may be payable to other

affected Clubs or the Office of the Commissioner of Baseball. This

consent has no effect on any other life insurance policies I hold or that

any other person holds on my life.

Proposed Insured (please complete)

Name (First, Middle Initial, Last): ____________________________

Date of Birth: _____________________

________________________________________________________

(Home address: street/city/state/zip)

___________________

Signature of Insured Print Name of Insured Date

354

Appendix B

RULES OF PROCEDURE

Grievance Arbitration Hearings Before

The Arbitration Panel

1. Granting of Hearings.

Hearings will be granted in all cases properly appealed to the Arbi-

tration Panel unless the Parties by mutual agreement request a finding

of facts and a decision based upon briefs submitted.

2. Attendance at Hearings.

Persons having a direct interest in the arbitration are entitled to

attend hearings. The Arbitration Panel shall have the power to require

the retirement of any witness or witnesses during the testimony of

other witnesses. It shall be discretionary with the Arbitration Panel to

determine the propriety of the attendance of any other persons.

3. Conduct of Hearings.

Hearings will be conducted in an informal manner. The arbitration

hearing shall be regarded as a cooperative endeavor to review and

secure the facts which will enable the Arbitration Panel to make just

decisions. The procedure to be followed in the hearing will be in con-

formity with this intent.

4. Representation of Parties.

The Players Association and the Player will be represented during

the Grievance Procedure and arbitration proceedings only by in-house

counsel of the Players Association and/or by outside counsel appointed

by the Players Association. The Commissioner’s Office will be repre-

sented only by in-house counsel of the Commissioner’s Office and/or

by outside counsel appointed by the Commissioner’s Office. Any other

Party may be accompanied by a representative who may participate in

the hearing and represent such Party.

355

5. Adjournments.

The Arbitration Panel for good cause shown may adjourn the hear-

ing upon the request of a Party or upon its own initiative, and shall

adjourn when all the Parties agree thereto, provided that no adjourn-

ment hereunder shall exceed 10 days unless all Parties so agree.

6. Order of Proceedings.

The Arbitration Panel may, in its discretion, vary the normal proce-

dure under which the initiating Party first presents his claim, but in any

case shall afford full and equal opportunity to all Parties for presenta-

tion of relevant proofs.

7. Arbitration in the Absence of a Party.

The arbitration may proceed in the absence of any Party who, after

due notice, fails to be present or fails to obtain an adjournment. An

award shall not be made solely on the default of a Party. The Arbitra-

tion Panel shall require the other Party to submit such evidence as it

may require for the making of an award.

8. Evidence.

The Parties may offer such evidence as they desire and shall pro-

duce such additional evidence as the Panel Chair may deem necessary

to an understanding and determination of the dispute. The Panel Chair

shall be the judge of the relevancy and materiality of the evidence

offered and conformity to legal rules of evidence shall not be neces-

sary. All evidence shall be taken in the presence of all of the Parties

except where any of the Parties is absent in default or has waived his

right to be present.

9. Testimony.

All testimony shall be taken under oath or by affirmation. All wit-

nesses whose testimony shall be introduced as evidence at the hearing

shall be made available for cross-examination by the other Party. The

Arbitration Panel may receive and consider the evidence of witnesses

356

by affidavit, but shall give it only such weight as it deems proper after

consideration of any objections made to its admission.

10. Stenographic Record.

The Arbitration Panel will make the necessary arrangements for the

taking of an official stenographic record of the testimony whenever

such a record is deemed necessary by it or it is requested by either Party.

The cost of such record shall be borne equally by the Parties unless, at

the opening of the hearing, both the Panel Chair and the other Party

indicate their desire not to receive a copy of the transcribed record, in

which case the entire cost shall be borne by the requesting Party.

11. Closing of Hearings.

The Panel Chair shall inquire of all Parties whether they have any

further proofs to offer or witnesses to be heard. Upon receiving nega-

tive replies, the Panel Chair shall declare the hearings closed and a

minute thereof shall be recorded. If briefs or other documents are to be

filed, the hearings shall be declared closed as of the final filing date set

by the Panel Chair.

12. Reopening of Hearings.

At any time before the award is made the hearings may be reopened

by the Arbitration Panel on its own motion, or on the motion of either

Party for good cause shown.

13. Issuance of Decision.

Two signed copies of the Arbitration Panel’s written decision will be

provided to each Party.

14. Settlement by the Parties.

When cases appealed to the Arbitration Panel are thereafter settled

by agreement between the Parties, either prior to or after the arbitration

hearing, the Arbitration Panel shall be so notified promptly by the

Party which appealed the case. The Arbitration Panel shall thereupon

357

treat the case as closed, and shall have no obligation to render a deci-

sion or further process the Grievance.

15. Expenses.

The expenses of witnesses, counsel and the like for either side shall

be paid by the Party producing such persons.

16. Communication with the Panel Chair.

Copies of all written communications sent by a Party to the Panel

Chair in connection with arbitration cases shall immediately be made

available to the other Party. There shall be no oral communication by

a Party with the Panel Chair in connection with arbitration cases unless

the other Party or his representative is present.

17. Commissioner and Article XI(C) Hearings.

These Rules of Procedure shall also apply to hearings conducted by

the Commissioner pursuant to Article XI(A)(1)(b), or by the Commis-

sioner or the Special Assistant to the Commissioner pursuant to Article

XI(C).

358

Appendix C

TRAVEL TIMES FOR SCHEDULING

359

ARI ATL BAL BOS CHI CIN CLE COL CWS DET HOU KC LAA LAD MIA MIL MIN NYM NYY OAK PHI PIT SD SF STL SEA TB TEX TOR WSH

ARI 0 3:11 4:01 4:36 2:54 3:10 3:30 1:10 2:54 3:23 2:02 2:06 :41 :43 3:58 2:56 2:34 4:17 4:17 1:18 4:10 3:39 :36 1:18 2:33 2:14 3:36 1:44 3:47 3:58

ATL 3:11 0 1:09 1:52 1:10 :45 1:07 2:25 1:10 1:12 1:24 1:21 3:50 3:52 1:13 1:20 1:56 1:30 1:30 4:16 1:20 1:03 3:47 4:17 :56 4:22 :50 1:28 1:28 1:05

BAL 4:01 1:09 0 :43 1:13 :51 :37 3:04 1:13 :48 2:30 1:56 4:37 4:38 1:55 1:17 1:58 :20 :20 4:54 :11 :24 4:36 4:55 1:28 4:40 1:42 2:27 :40 :04

BOS 4:36 1:52 :43 0 1:42 1:28 1:06 3:36 1:42 1:14 3:13 2:30 5:10 5:12 2:31 1:43 2:19 :23 :23 5:23 :33 :58 5:10 5:24 2:05 4:59 2:22 3:07 :52 :47

CHI 2:54 1:10 1:13 1:42 0 :30 :37 1:54 0 :29 1:53 :49 3:28 3:29 2:22 :10 :49 1:26 1:26 3:42 1:20 :49 3:28 3:43 :31 3:28 2:00 1:36 :52 1:11

CIN 3:10 :45 :51 1:28 :30 0 :26 2:14 :30 :28 1:48 1:05 3:46 3:48 1:55 :39 1:19 1:08 1:08 4:04 1:01 :30 3:45 4:05 :37 3:57 1:34 1:39 :49 :48

CLE 3:30 1:07 :37 1:06 :37 :26 0 2:27 :37 :11 2:14 1:24 4:05 4:06 2:10 :40 1:21 :49 :49 4:19 :43 :14 4:04 4:20 :59 4:03 1:52 2:04 :23 :37

COL 1:10 2:25 3:04 3:36 1:54 2:14 2:27 0 1:54 2:19 1:45 1:07 1:39 1:40 3:27 1:50 1:24 3:16 3:16 1:53 3:09 2:38 1:40 1:54 1:36 2:03 3:03 1:18 2:41 3:02

CWS 2:54 1:10 1:13 1:42 0 :30 :37 1:54 0 :29 1:53 :49 3:28 3:29 2:22 :10 :49 1:26 1:26 3:42 1:20 :49 3:28 3:43 :31 3:28 2:00 1:36 :52 1:11

DET 3:23 1:12 :48 1:14 :29 :28 :11 2:19 :29 0 2:13 1:17 3:57 3:58 2:18 :30 1:11 :58 :58 4:10 :53 :25 3:57 4:11 :55 3:53 1:59 2:00 :25 :47

HOU 2:02 1:24 2:30 3:13 1:53 1:48 2:14 1:45 1:53 2:13 0 1:17 2:42 2:45 1:55 2:01 2:13 2:50 2:50 3:17 2:41 2:16 2:36 3:17 1:21 3:47 1:35 :29 2:36 2:26

KC 2:06 1:21 1:56 2:30 :49 1:05 1:24 1:07 :49 1:17 1:17 0 2:41 2:43 2:29 :53 :55 2:12 2:12 3:00 2:04 1:34 2:40 3:01 :29 3:01 2:04 :54 1:42 1:53

LAA :41 3:50 4:37 5:10 3:28 3:46 4:05 1:39 3:28 3:57 2:42 2:41 0 :03 4:38 3:28 3:01 4:53 4:53 :44 4:46 4:15 :11 :45 3:09 1:57 4:16 2:25 4:20 4:34

LAD :43 3:52 4:38 5:12 3:29 3:48 4:06 1:40 3:29 3:58 2:45 2:43 :03 0 4:41 3:29 3:02 4:54 4:54 :41 4:47 4:16 :13 :42 3:11 1:55 4:18 2:27 4:21 4:36

MIA 3:58 1:13 1:55 2:31 2:22 1:55 2:10 3:27 2:22 2:18 1:55 2:29 4:38 4:41 0 2:32 3:09 2:11 2:11 5:10 2:02 2:01 4:33 5:11 2:07 5:28 :25 2:15 2:28 1:51

MIL 2:56 1:20 1:17 1:43 :10 :39 :40 1:50 :10 :30 2:01 :53 3:28 3:29 2:32 0 :42 1:28 1:28 3:40 1:23 :54 3:29 3:41 :39 3:23 2:10 1:43 :52 1:16

MIN 2:34 1:56 1:58 2:19 :49 1:19 1:21 1:24 :49 1:11 2:13 :55 3:01 3:02 3:09 :42 0 1:57 1:57 3:06 2:04 1:35 3:03 3:07 1:03 2:42 2:45 1:43 1:27 1:58

NYM 4:17 1:30 :20 :23 1:26 1:08 :49 3:16 1:26 :58 2:50 2:12 4:53 4:54 2:11 1:28 1:57 0 0 5:08 :10 :38 4:52 5:09 1:45 4:49 2:00 2:46 :41 :25

NYY 4:17 1:30 :20 :23 1:26 1:08 :49 3:16 1:26 :58 2:50 2:12 4:53 4:54 2:11 1:28 1:57 0 0 5:08 :10 :38 4:52 5:09 1:45 4:49 2:00 2:46 :41 :25

OAK 1:18 4:16 4:54 5:23 3:42 4:04 4:19 1:53 3:42 4:10 3:17 3:00 :44 :41 5:10 3:40 3:06 5:08 5:08 0 5:02 4:31 :55 :01 3:28 1:21 4:47 2:55 4:31 4:52

PHI 4:10 1:20 :11 :33 1:20 1:01 :43 3:09 1:20 :53 2:41 2:04 4:46 4:47 2:02 1:23 2:04 :10 :10 5:02 0 :31 4:45 5:03 1:37 4:46 1:51 2:37 :40 :15

PIT 3:39 1:03 :24 :58 :49 :30 :14 2:38 :49 :25 2:16 1:34 4:15 4:16 2:01 :54 1:35 :38 :38 4:31 :31 0 4:14 4:32 1:07 4:17 1:45 2:09 :27 :23

SD :36 3:47 4:36 5:10 3:28 3:45 4:04 1:40 3:28 3:57 2:36 2:40 :11 :13 4:33 3:29 3:03 4:52 4:52 :55 4:45 4:14 0 :55 3:08 2:08 4:11 2:20 4:20 4:33

SF 1:18 4:17 4:55 5:24 3:43 4:05 4:20 1:54 3:43 4:11 3:17 3:01 :45 :42 5:11 3:41 3:07 5:09 5:09 :01 5:03 4:32 :55 0 3:29 1:21 4:48 2:56 4:32 4:53

STL 2:33 :56 1:28 2:05 :31 :37 :59 1:36 :31 :55 1:21 :29 3:09 3:11 2:07 :39 1:03 1:45 1:45 3:28 1:37 1:07 3:08 3:29 0 3:27 1:43 1:06 1:19 1:25

SEA 2:14 4:22 4:40 4:59 3:28 3:57 4:03 2:03 3:28 3:53 3:47 3:01 1:57 1:55 5:28 3:23 2:42 4:49 4:49 1:21 4:46 4:17 2:08 1:21 3:27 0 5:03 3:20 4:08 4:39

TB 3:36 :50 1:42 2:22 2:00 1:34 1:52 3:03 2:00 1:59 1:35 2:04 4:16 4:18 :25 2:10 2:45 2:00 2:00 4:47 1:51 1:45 4:11 4:48 1:43 5:03 0 1:52 2:12 1:38

TEX 1:44 1:28 2:27 3:07 1:36 1:39 2:04 1:18 1:36 2:00 :29 :54 2:25 2:27 2:15 1:43 1:43 2:46 2:46 2:55 2:37 2:09 2:20 2:56 1:06 3:20 1:52 0 2:25 2:23

TOR 3:47 1:28 :40 :52 :52 :49 :23 2:41 :52 :25 2:36 1:42 4:20 4:21 2:28 :52 1:27 :41 :41 4:31 :40 :27 4:20 4:32 1:19 4:08 2:12 2:25 0 :42

WSH 3:58 1:05 :04 :47 1:11 :48 :37 3:02 1:11 :47 2:26 1:53 4:34 4:36 1:51 1:16 1:58 :25 :25 4:52 :15 :23 4:33 4:53 1:25 4:39 1:38 2:23 :42 0