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makes it especially important that it be played by
the best possible players.
SEC. 3. PURPOSE.
It is the purpose of this Act to provide for a fair and
equitable settlement of the Major League Baseball dis-
pute, to prevent the continued economic loss to individuals
not involved in the negotiations whose livelihoods depend
on baseball being played, to prevent burgeoning losses to
the communities that host Major League Baseball, and to
preserve the majesty of the game.
SEC. 4. ESTABLISHMENT OF NATIONAL BASEBALL DIS-
PUTE RESOLUTION PANEL.
(a) IN GENERAL.—There is established a National
Baseball Dispute Resolution Panel to resolve the current
dispute between the American League of Professional
Baseball Clubs, the National League of Professional Base-
ball Clubs, and the Major League Baseball Players Asso-
ciation. The Panel shall be composed of three members
appointed by the President. The President shall select
members from among impartial persons with expertise as
neutrals in the resolution of labor-management disputes.
He shall appoint one member of the Panel to serve as
Chair.
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(b) QUORUM.—Two members of the Panel shall con-
stitute a quorum, and the vote of at least two member
shall be required for the Panel to take any action.
(c) COMPENSATION.—Each member of the Panel
shall receive compensation at the daily equivalent of the
rate specified for level V of the Executive Schedule under
section 5316 of title 5 for each day the member is engaged
in the performance of duties for the Panel, including at-
tendance at meetings, hearings, and travel to conduct the
duties of the Panel.
(d) TRAVEL EXPENSES.—Each member of the Panel
shall receive travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agen-
cies under subchapter I of chapter 57 of title 5, United
States Code, for each day the member is engaged in the
performance of duties of the Panel away from the home
or regular place of business of the member.
(e) EMPLOYMENT STATUS.—Members of the Panel
shall be deemed employees of the United States only on
those days during which they perform services for the
Panel.
(f) CONFLICT OF INTEREST.—No individual shall be
selected as a member of the Panel under subsection (a)
who is pecuniarily interested in:
(1) the ownership of major league baseball;
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(2) any organization of employees or owners
that is involved in the current dispute; or
(3) any individual or entity that derives sub-
stantial revenues from major league baseball.
(g) AUTHORITY.—
(1) The Panel shall have the power to take tes-
timony under oath, to conduct hearings, and to issue
subpoenas requiring the attendance and testimony of
witnesses or the production of books and records.
The parties appearing before the Panel may be rep-
resented by counsel.
(2) In the case of contumacy or refusal by any
person to obey a subpoena issued pursuant to this
subsection, any district court of the United States or
the United States courts of any territory or posses-
sion, or the United States District Court for the
District of Columbia, within the jurisdiction of which
such person is found, resides, or transacts business,
upon application of the Panel shall have jurisdiction
to issue an order requiring such person to appear
before the Panel, produce evidence, or give testimony
related to the Panel’s inquiries. Any failure to obey
such order of the court may be punished by the
court as a contempt thereof.
(h) DECISION.—
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(1) The Panel shall, as expeditiously as pos-
sible, issue a decision, setting forth the terms of an
agreement which, in its discretion, it determines to
be appropriate to serve as the binding agreement be-
tween the parties to the current labor-management
dispute affecting Major League Baseball. In arriving
at its decision, the Panel may consider the following
factors:
(A) The unique status of major league
baseball.
(B) The history of collective bargaining
agreements between the parties.
(C) The changes in circumstances of the
parties.
(D) The owners’ ability to pay.
(E) The best interests of baseball.
(F) The desirability of stability in the in-
dustry.
(G) The impact on communities that bene-
fit from Major League Baseball.
(H) Other factors considered by collective
bargaining arbitration panels, if applicable
given the history of Major League Baseball and
past collective bargaining between the parties.
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(2) For the purposes of arriving at its decision,
the Panel shall hold such hearings and obtain such
information as it may deem appropriate.
(i) EFFECT
OF DECISION.—The agreement pre-
scribed by the Panel under this section shall be final and
binding on the parties and shall have the same effect as
though arrived at by agreement of the parties under the
Labor Management Relations Act, 1947, as amended, 29
U.S.C. 141 et seq.
SEC. 5. PRECLUSION OF JUDICIAL REVIEW.
There shall be no judicial review of any decision of
the Panel under this Act.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) DETAIL OF FEDERAL EMPLOYEES.—On the re-
quest of the Chairperson of the Panel, the head of any
Federal agency shall detail, or otherwise make available
without reimbursement, any of the personnel of the agency
to the Panel to assist it in carrying out its duties under
this Act. Any detail shall not interrupt or otherwise affect
the civil service status or privileges of the Federal em-
ployee.
(b) USE OF FACILITIES.—The Panel may, without
reimbursement, use the research, equipment, services, re-
sources, and facilities of any agency or instrumentality of
the United States, with the consent of such agency.