II

104TH CONGRESS

1ST SESSION S. 376

To resolve the current labor dispute involving Major League Baseball, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 8 (legislative day, JANUARY 30), 1995

Mr. KENNEDY introduced the following bill; which was read the first time

A BILL

To resolve the current labor dispute involving Major League

Baseball, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Major League Baseball

5 Restoration Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) Major League Baseball is a multibillion dol9 lar activity that affects both interstate and foreign

10 commerce;
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1 (2) the Major League Baseball labor-manage2 ment dispute caused the premature termination of

3 the 1994 baseball season, the cancellation of the

4 1994 League Championship Series and the 1994

5 World Series, and threatens the 1995 spring train6 ing and baseball season;

7 (3) the dispute has caused serious economic

8 damage to the cities and communities in which

9 major league franchises are located and threatens to

10 economically damage the communities that host

11 spring training;

12 (4) many American workers who are not parties

13 to the negotiation depend on Major League Baseball

14 for an essential part of their livelihood;

15 (5) after a year of contentious negotiations, the

16 parties to the dispute appear to be incapable of

17 reaching a settlement on their own, even with the

18 assistance of skilled mediation;

19 (6) because of its unique history and tradition,

20 Major League Baseball occupies a special place in

21 the lives of Americans, and particularly its youth;

22 and

23 (7) apart from its economic significance, the

24 impact of Major League Baseball on American life
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1 makes it especially important that it be played by

2 the best possible players.

3 SEC. 3. PURPOSE.

4 It is the purpose of this Act to provide for a fair and

5 equitable settlement of the Major League Baseball dis6 pute, to prevent the continued economic loss to individuals

7 not involved in the negotiations whose livelihoods depend

8 on baseball being played, to prevent burgeoning losses to

9 the communities that host Major League Baseball, and to

10 preserve the majesty of the game.

11 SEC. 4. ESTABLISHMENT OF NATIONAL BASEBALL DIS12 PUTE RESOLUTION PANEL.

13 (a) IN GENERAL.—There is established a National

14 Baseball Dispute Resolution Panel to resolve the current

15 dispute between the American League of Professional

16 Baseball Clubs, the National League of Professional Base17 ball Clubs, and the Major League Baseball Players Asso18 ciation. The Panel shall be composed of three members

19 appointed by the President. The President shall select

20 members from among impartial persons with expertise as

21 neutrals in the resolution of labor-management disputes.

22 He shall appoint one member of the Panel to serve as

23 Chair.
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1 (b) QUORUM.—Two members of the Panel shall con2 stitute a quorum, and the vote of at least two members

3 shall be required for the Panel to take any action.

4 (c) COMPENSATION.—Each member of the Panel

5 shall receive compensation at the daily equivalent of the

6 rate specified for level V of the Executive Schedule under

7 section 5316 of title 5 for each day the member is engaged

8 in the performance of duties for the Panel, including at9 tendance at meetings, hearings, and travel to conduct the

10 duties of the Panel.

11 (d) TRAVEL EXPENSES.—Each member of the Panel

12 shall receive travel expenses, including per diem in lieu

13 of subsistence, at rates authorized for employees of agen14 cies under subchapter I of chapter 57 of title 5, United

15 States Code, for each day the member is engaged in the

16 performance of duties of the Panel away from the home

17 or regular place of business of the member.

18 (e) EMPLOYMENT STATUS.—Members of the Panel

19 shall be deemed employees of the United States only on

20 those days during which they perform services for the

21 Panel.

22 (f) CONFLICT OF INTEREST.—No individual shall be

23 selected as a member of the Panel under subsection (a)

24 who is pecuniarily interested in—

25 (1) the ownership of Major League Baseball;
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1 (2) any organization of employees or owners

2 that is involved in the current dispute; or

3 (3) any individual or entity that derives sub4 stantial revenues from Major League Baseball.

5 (g) AUTHORITY.—

6 (1) The Panel shall have the power to take tes7 timony under oath, to conduct hearings, and to issue

8 subpoenas requiring the attendance and testimony of

9 witnesses or the production of books and records.

10 The parties appearing before the Panel may be rep11 resented by counsel.

12 (2) In the case of contumacy or refusal by any

13 person to obey a subpoena issued pursuant to this

14 subsection, any district court of the United States or

15 the United States courts of any territory or posses16 sion, or the United States District Court for the

17 District of Columbia, within the jurisdiction of which

18 such person is found, resides, or transacts business,

19 upon application of the Panel shall have jurisdiction

20 to issue an order requiring such person to appear

21 before the Panel, produce evidence, or give testimony

22 related to the Panel’s inquiries. Any failure to obey

23 such order of the court may be punished by the

24 court as a contempt thereof.

25 (h) DECISION.—
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1 (1) The Panel shall, as expeditiously as pos2 sible, issue a decision, setting forth the terms of an

3 agreement which, in its discretion, it determines to

4 be appropriate to serve as the binding agreement be5 tween the parties to the current labor-management

6 dispute affecting Major League Baseball. In arriving

7 at its decision, the Panel may consider the following

8 factors:

9 (A) The unique status of Major League

10 Baseball.

11 (B) The history of collective bargaining

12 agreements between the parties.

13 (C) The changes in circumstances of the

14 parties.

15 (D) The economics of the industry, includ16 ing the owners’ ability to pay.

17 (E) The best interests of baseball.

18 (F) The desirability of stability in the in19 dustry.

20 (G) The impact on communities that bene21 fit from Major League Baseball.

22 (H) Other factors that it deems appro23 priate, including those traditionally considered

24 by arbitration panels if applicable given the his-
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1 tory of Major League Baseball and past collec2 tive bargaining between the parties.

3 (2) For the purposes of arriving at its decision,

4 the Panel shall hold such hearings and obtain such

5 information as it may deem appropriate.

6 (i) EFFECT OF DECISION.—The agreement pre7 scribed by the Panel under this section shall be final and

8 binding on the parties and shall have the same effect as

9 though arrived at by agreement of the parties under the

10 Labor Management Relations Act, 1947 as amended, 29

11 U.S.C. 141 et seq.

12 SEC. 5. PRECLUSION OF JUDICIAL REVIEW.

13 There shall be no judicial review of any decision of

14 the Panel under this Act.

15 SEC. 6. ADMINISTRATIVE PROVISIONS.

16 (a) DETAIL OF FEDERAL EMPLOYEES.—On the re17 quest of the Chairperson of the Panel, the head of any

18 Federal agency may detail, or otherwise make available

19 without reimbursement, any of the personnel of the agency

20 to the Panel to assist it in carrying out its duties under

21 this Act. Any detail shall not interrupt or otherwise affect

22 the civil service status or privileges of the Federal em23 ployee.

24 (b) USE OF FACILITIES.—The Panel may, without

25 reimbursement, use the research, equipment, services, re-
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1 sources, and facilities of any agency or instrumentality of

2 the United States, with the consent of such agency or in3 strumentality.

4 (c) ROLE OF THE FEDERAL MEDIATION AND CON5 CILIATION SERVICE.—The Federal Mediation and Concil6 iation Service shall provide without reimbursement such

7 administrative support, resources, and services as may be

8 necessary to carry out this Act. It is authorized and di9 rected to utilize its appropriated funds to pay the salary

10 and expenses of Panel members, as provided in this Act.

11 SEC. 7. TERMINATION.

12 The Panel shall terminate upon its rendering of a de13 cision under section 4(h).

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