[Congressional Record Volume 140, Number 127 (Tuesday, September 13, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          THE BASEBALL STRIKE

  Mr. METZENBAUM. Madam President, I am about to ask unanimous consent 
to bring up S. 2380, a bill sponsored by Senator Hatch and myself that 
is designed to end the baseball strike. Because I do not want to 
disrupt the Senate's business, I would be happy to limit debate on this 
bill to 1 hour equally divided. I am willing to take this unusual step 
because I have no alternative. There are no amendable items currently 
before the Senate, or I would offer the bill as an amendment to another 
pending piece of legislation. But the baseball bill cannot wait any 
longer. If we do not act immediately to end the baseball strike, the 
owners have threatened to declare the season over as early as tomorrow. 
No more season, no playoffs, no world series, unless we act 
immediately.
  Today I spoke with Don Fehr, head of the Baseball Players' 
Association. He stated that if we pass S. 2380, with a few minor 
clarifications, he will recommend that the players call off their 
strike immediately and resume the baseball season. I want to repeat 
that Madam President. Today I spoke with Don Fehr, and he said in 
unequivocal language that if we pass S. 2380, with a few minor 
clarifications, he will recommend that the players call off the strike 
immediately and resume the baseball season.
  What that means is quite simple: If we act quickly to pass this bill, 
the baseball players are willing to complete this season, the playoffs, 
and the World Series. It is only fair to point out that Don Fehr cannot 
speak for all of the players, but as the leader of that organization, 
he is in a position to recommend it, and I have every reason to believe 
that his recommendation would be accepted.
  It is very simple. If we pass this bill, I believe the baseball 
season will be salvaged. That is why it is so important that we pass 
this strike-ending baseball legislation immediately--not tomorrow, not 
the next day, not next week, not after the baseball season is closed, 
although it is only fair to say that I will not give up in my effort 
even if the baseball season should be shut down.
  Our bill is very simple. It does not eliminate the players' right to 
strike or the owner's right to lock them out. It is not a blanket 
repeal of baseball's antitrust immunity--an effort that I have made 
over a period of many years, but I have not been successful. In the 
committee it was voted down 10 to 7. I did not have the votes to get it 
out of committee. But this is a much more limited version. This is a 
totally knew bill, very limited in its impact. The bill allows the 
antitrust laws to be invoked only if the owners impose a salary cap or 
any other terms and conditions on the players. This should take away 
the owners' incentive to play hard ball and impose unilateral 
conditions on the players. It should also relieve the players' fear 
that they need to maintain their strike in order to prevent a salary 
cap from being shoved down their throats when the season ends.
  As everyone knows, I fought hard for years to lift that very 
exemption that baseball enjoys. It was not a congressional enactment 
that gave it to baseball. It was the decision by the very distinguished 
Supreme Court Justice, Oliver Wendell Holmes, who determined that 
baseball was a sport and not a business. I think the American people 
now know that it is very much a business--not a small business, a big 
business. The antitrust laws should be applicable to baseball as it is 
to football, hockey, soccer, and every other sport in this country.
  I believe that revoking the owner's antitrust immunity is the best 
long-term solution to the mess that the owners and the players have 
made of major league baseball. However, I decided to offer this 
compromise bill, with Senator Hatch as a cosponsor, so that we could 
bring this strike to an end quickly.
  The fact is that this legislation has only one purpose: To protect 
the season for all the fans. It is not for or against a salary cap; it 
is not for or against revenue sharing; it is not for or against any 
other proposal the owners have made to the players, and it does not tip 
the balance of ongoing labor negotiations in favor of the owners or the 
players.
  The fact is I really do not have any special sympathy for the 
overprivileged owners nor for the very highly paid players, but I care 
about the fans. This strike is ruining the season for the fans. Right 
now the big league players cannot use the antitrust laws. If they 
could, the owners would have to deal with them fairly or face the 
consequences in a court of law. In other words, what this bill does is 
it gives the players another tool they can use to avoid striking, go 
back to work, to bring the strike to a quick end.
  The last seven times the baseball players and owners have met at the 
bargaining table there has been a work stoppage. Seven times across the 
bargaining table resulted in a work stoppage: a strike or a lockout.
  This has not happened in other professional sports because those 
players could use the antitrust laws to settle labor disputes. 
Professional basketball players have avoided a strike for 24 years by 
using antitrust laws. Professional football players have not struck 
since 1987 because they were able to use the antitrust laws to settle 
their differences. There has never been a strike in professional hockey 
over labor issues.
  If the antitrust laws applied to baseball, the owners could not force 
the players to accept unreasonable terms and conditions if their labor 
negotiations hit an impasse. The players could challenge the owners' 
unreasonable demands by launching an antitrust suit instead of shutting 
down the season.
  Would that not be a better resolution? Would it not be better to have 
this matter in the courts rather than have it where it is at the moment 
with no games being played and nothing happening in baseball? I think 
that would be a much better deal for the fans, and, frankly, I think it 
would be a much better deal for the owners as well as the players.
  Passing this compromise legislation is the only hope we have of 
saving the season for the fans and maybe next year's season as well. 
But it is up to the players and the owners to come to the bargaining 
table and work out their differences. We, in Congress, cannot make them 
do that. All we can do is level the playing field so that the owners do 
not have an unfair advantage over the players because they are immune 
from our fair competition laws. I, like every other fan in America, 
want the players to play ball and the owners to play fair. I believe 
our bill can do just that.
  I hope there will be no objection to my unanimous-consent request, 
but I recognize the rules in the Senate and recognize the right of any 
Member to object.
  Madam President, I ask unanimous consent to bring up S. 2380 for 
immediate consideration.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Nebraska.
  Mr. EXON. Madam President, reserving the right to object, I do not 
suppose there is a person in this body that is more of a baseball fan 
from longstanding than is the Senator from Nebraska. I am so 
discouraged and so distraught as a fan that the owners and the 
players--and they are jointly responsible it seems to me--have brought 
upon themselves a pattern of these strikes that my long-time friend and 
colleague from Ohio has brought out with his remarks.
  However, I have to feel that it would be a bad precedent indeed for 
the U.S. Senate in the middle of this kind of a strike or strife, as 
much as I would like to see the season continued and as much, as a fan, 
as I would like to see the World Series come about for the annual fall 
classic, I think that the measure that the Senator from Ohio has 
authored is something that should be considered, but I think it is an 
ill-considered move for us as the U.S. Senate to try to step into the 
breech at this particular point in time. I think it would set a bad 
precedent. I think it is not essential.
  It is very essential for a baseball fan like myself and other fans 
similarly situated. Certainly it is critical to the interest of the 
baseball players and the owners of the baseball teams.
  I simply will object to this unanimous-consent request because I 
think a bad precedent indeed would be set here, and I believe that this 
is not the proper time or action for the U.S. Senate to become involved 
in the matter of professional baseball.
  With those remarks then and assuring my friend from Ohio that I feel 
and share some of his concerns, I wish to work forward and look forward 
to working on this again in the future and although the distinguished 
Senator from Ohio will not be with us next year when we come back and, 
therefore, will not be able to lead the charge, I will assure him that 
this is a matter that as one Member of the Senate I will give 
additional consideration to at the proper time.
  But for the reasons that I have expressed, I feel compelled to object 
to the unanimous-consent request.
  The PRESIDING OFFICER (Mr. Mathews). Objection is heard.
  The Senator from Ohio.
  Mr. METZENBAUM. Mr. President, I expected the objection and I respect 
the rights of my good dear friend and colleague from Nebraska, and, 
indeed, I agree with him that there is no greater enthusiastic fan of 
baseball than is he. He is within his rights in making the objection.
  I intend to keep trying to pass this bill to the last moment that I 
am in this body. Even if we can no longer salvage the season, I want to 
try to save spring training and next season. I am concerned that there 
just may not be a next season if we here in the Senate do not do 
something about the one-sided position we permitted the owners to take.
  I respect the fact that the objection has been made, and I yield the 
floor.

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