[House Document 104-30]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-30


 
    PROPOSED LEGISLATION: ``MAJOR LEAGUE BASEBALL RESTORATION ACT''

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   A DRAFT OF PROPOSED LEGISLATION ENTITLED, ``MAJOR LEAGUE BASEBALL 
                           RESTORATION ACT''




  February 8, 1995.--Message and accompanying papers referred to the 
 Committee on Economic and Educational Opportunities and ordered to be 
                                printed
To the Congress of the United States:
    I am pleased to transmit for your immediate consideration 
and enactment the ``Major League Baseball Restoration Act.'' 
This legislation would provide for a fair and prompt settlement 
of the ongoing labor-management dispute affecting Major League 
Baseball.
    Major League Baseball has historically occupied a unique 
place in American life. The parties to the current contentious 
dispute have been unable to resolve their differences, despite 
many months of negotiations and the assistance of one of this 
country's most skilled mediators. If the dispute is permitted 
to continue, there is likely to be substantial economic damage 
to the cities and communities in which major league franchises 
are located and to the communities that host spring training. 
The ongoing dispute also threatens further serious harm to an 
important national institution.
    The bill I am transmitting today is a simple one. It would 
authorize the President to appoint a 3-member National Baseball 
Dispute Resolution Panel. This Panel of impartial and skilled 
arbitrators would be empowered to gather information from all 
sides and impose a binding agreement on the parties. The Panel 
would be urged to act as quickly as possible. Its decision 
would not be subject to judicial review.
    In arriving at a fair settlement, the Panel would consider 
a number of factors affecting the parties, but it could also 
take into account the effect on the public and the best 
interests of the game.
    The Panel would be given sufficient tools to do its job, 
without the need for further appropriations. Primary support 
for its activities would come from the Federal Mediation and 
Conciliation Service, but other agencies would also be 
authorized to provide needed support.
    The dispute now affecting Major League Baseball has been a 
protracted one, and I believe that the time has come to take 
action. I urge the Congress to take prompt and favorable action 
on this legislation.
                                                William J. Clinton.
    The White House, February 8, 1995.
   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 multi-billion 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 3 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, 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; and
                  (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).