[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 376 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Major League Baseball Restoration 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Major League Baseball is a multibillion dollar activity 
        that affects both interstate and foreign commerce;
            (2) the Major League Baseball labor-management dispute 
        caused the premature termination of the 1994 baseball season, 
        the cancellation of the 1994 League Championship Series and the 
        1994 World Series, and threatens the 1995 spring training and 
        baseball season;
            (3) the dispute has caused serious economic damage to the 
        cities and communities in which major league franchises are 
        located and threatens to economically damage the communities 
        that host spring training;
            (4) many American workers who are not parties to the 
        negotiation depend on Major League Baseball for an essential 
        part of their livelihood;
            (5) after a year of contentious negotiations, the parties 
        to the dispute appear to be incapable of reaching a settlement 
        on their own, even with the assistance of skilled mediation;
            (6) because of its unique history and tradition, Major 
        League Baseball occupies a special place in the lives of 
        Americans, and particularly its youth; and
            (7) apart from its economic significance, the impact of 
        Major League Baseball on American life 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 dispute, 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 DISPUTE 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 Baseball Clubs, and the Major League Baseball Players 
Association. 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.
    (b) Quorum.--Two members of the Panel shall constitute a quorum, 
and the vote of at least two members 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 attendance 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 agencies 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;
            (2) any organization of employees or owners that is 
        involved in the current dispute; or
            (3) any individual or entity that derives substantial 
        revenues from Major League Baseball.
    (g) Authority.--
            (1) The Panel shall have the power to take testimony 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 represented 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 possession, 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.--
            (1) The Panel shall, as expeditiously as possible, 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 between 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 economics of the industry, including the 
                owners' ability to pay.
                    (E) The best interests of baseball.
                    (F) The desirability of stability in the industry.
                    (G) The impact on communities that benefit from 
                Major League Baseball.
                    (H) Other factors that it deems appropriate, 
                including those traditionally considered by arbitration 
                panels if applicable given the history of Major League 
                Baseball and past collective bargaining between the 
                parties.
            (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 prescribed 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 request of the Chairperson 
of the Panel, the head of any Federal agency may 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 employee.
    (b) Use of Facilities.--The Panel may, without reimbursement, use 
the research, equipment, services, resources, and facilities of any 
agency or instrumentality of the United States, with the consent of 
such agency or instrumentality.
    (c) Role of the Federal Mediation and Conciliation Service.--The 
Federal Mediation and Conciliation Service shall provide without 
reimbursement such administrative support, resources, and services as 
may be necessary to carry out this Act. It is authorized and directed 
to utilize its appropriated funds to pay the salary and expenses of 
Panel members, as provided in this Act.

SEC. 7. TERMINATION.

    The Panel shall terminate upon its rendering of a decision under 
section 4(h).
                                 <all>