Lawyer: Differences Are ‘Solvable’

Amid a heightened pace and the possibility that the players union will set a strike date next week if there isn’t significant progress in baseball’s collective bargaining talks, lawyers for the players and owners reached agreement on some of the ancillary issues Monday while failing to resolve the core issue of revenue sharing.

However, after three separate meetings spanning about six hours, baseball’s lead labor lawyer, Rob Manfred, said the sides were “closer to an agreement” on that issue

“We have now had a series of days where we have not moved in the wrong direction [on revenue sharing],” Manfred said in a conference call with reporters. “I really believe it’s solvable.”

Manfred has maintained an optimistic tone since negotiations resumed in earnest after the All-Star break. People close to the process agree the negotiations have been characterized by civility and sincerity absent in 1994, but also speculate that Manfred is trying to create a portrait of good faith bargaining in case the owners ultimately declare an impasse and attempt to unilaterally implement new work rules. A federal judge found them guilty of illegal labor practice after they had implemented in 1994, a ruling that prompted the players to end their 232-day strike.

On Monday, Manfred even complimented union negotiators.

Asked if the return of union leader Don Fehr to the table after his tour of the clubs (he still has to meet with the Boston Red Sox) accelerated the pace of talks, Manfred said, “That one is a no-win issue for me. I think we made good progress when he was away. He was here today and I think we made good progress again. I think they’ve been very professional about putting themselves in a position to move forward regardless of who is in the room.”

The union has been more cautious in assessing progress, and on the issue of revenue sharing, which includes differences over the amount to be shared and method of distribution, union lawyer Michael Weiner said only, “We’re still looking for the right way to bridge the gaps. We haven’t found it yet.”

The sides did reach agreement on a package of non-economic issues dealing with waiver periods, second medical opinions and contract tendering, and are close to agreement on the minimum salary and benefit plan, Manfred said.

They also had one of their few discussions to this point on the contentious issue of a payroll tax, which plays into the revenue sharing formula. But when asked if the sides could agree on revenue sharing without including the tax in computations, Manfred said, “The only way I’ll answer that is to say that when we get a deal done, it will be as an overall package.”

Union representatives said they expected to respond to management’s proposal on steroid and drug testing by the end of the week.

The union’s executive board is expected to confer by telephone today, but is not expected to set a strike date until Monday, when it may meet in Chicago. If a date is set then, it is expected that it would be Sept. 1 or Sept. 16.