Thursday, March 26, 2015

The benefits of unionization for minor league baseball players

Most baseball fans understand that minor league players face difficulties making ends meet, but what they don’t understand is the extent of these obstacles. Most minor leaguers make less than minimum wage during the season, working 60-70 hours per week without overtime. Due to the low pay and long hours, players can’t even afford to live on their own. Many players live with host families who provide a room and a few other necessities for a cheap price.
Salary Stats // Matt Kuperman

“But even as Major League Baseball is booming, raking in more than $8 billion annually, these players are shut out from the profits.”  Ian Gordon said in a 2014 Mother Jones article. “Since 1976, the rock-bottom salary in the majors has gone up more than 2,500 percent; in the minors, it has gone up less than 70 percent. Starting pay for minor leaguers is between $1,100 and $2,150 a month, and only during the season, which can be as short as three months.”

The upside to having a union would be huge for all of the minor league baseball players, allowing them to make more money and have all the hours they work recognized. Taking a look at the A.H.L. (one of the minor leagues for the N.H.L.) that league has been greatly successful because the players make better wages along with housing allowances. Seeing the success of unions in other minor leagues proves that a union would be greatly accepted by minor league baseball players.

“The lifestyle of an AHL hockey player, relatively speaking, it's pretty good,” said A.H.L. hockey player Justin Florek in a 2015 Providence Journal article.

The negative impact for the minor league baseball teams is financial. One solution though would have the teams paying the players higher wages. One proposed idea to fix the problem of low wage was to increase players’ salaries incrementally each year the player is in the league.

“The first step was already stated. Increase the pay period to include spring training and the instructional league.” Robert M. Pimpsner said in a 2015 Pinstriped Prospects article. “Paying players for this extra time will go a long way to help alleviate the burden. Follow it up with a 25% salary increase the next season, a 20% increase the following season after that, a 15% increase after that and finally a 10% increase the fourth year. At the end of this four year period the minimum salary would have risen from the $1,150 to $2,182, combined with increased pay period will mean a first year players could go from $3,450 a year to over $8,000 annually.”

The low pay that minor leaguers endure have motivated Garrett Broshuis, to file a lawsuit against MLB. Broshuis had his own first hand experience of dealing with these problems because he was a pitcher for six years in the Giants farm system. His minor league peers experienced many financial difficulties on account of the small wage and no overtime. Once Broshuis attained his law degree, he sought to improve the conditions for all minor leaguers. Broshuis believes the conditions minor league players are forced into is atrocious and should be addressed by the league.

“One of my roommates was so starving when he came home he would take the ramen noodle and wouldn't take the time to cook them, just would run it under hot water for 30 seconds put the seasoning on it and chomp down. I wasn’t that desperate,” said Broshuis in a 2015 interview with HSMSE/Sports.

Broshuis finds the salary unlawful because the average minor league player works 60 to 70 hours per week, yet only receives between $1,100 - $2,150 per month. This makes housing and other such necessities difficult to attain. Broshuis believes this is a violation of the Fair Labor Standards Act. The nationwide wide minimum wage stands at $7.25, yet according to Broshuis’ calculations minor league players make several dollars per hour less than this. This alleged violation of the Fair Labor Standards Act is the core of his lawsuit.

This article was co-authored by Bruce Mayfield.


Garrett Broshuis is not the first to try to unionize minor leagues

George Earl Toolson / Yesnetwork.com
Former minor leaguer turned lawyer Garrett Broshuis is currently fighting for the unionization of Minor League Baseball; however minor leaguers have fought for better pay since as early as the 1920s.

Broshius is leading a lawsuit against Major League Baseball calling for a minor league baseball players union. Minor leaguers average substantially less than minimum wage for the amount of time they dedicate to their work. A minor league player starts with an average salary of $1,100 per month, but they put in about 60 hours of work per week, equating to a salary of less than the $7.25 federal minimum wage. Both Major League Baseball and Minor League Baseball are protected under the Sherman Anti-Trust Act, which means minor leaguers do not have to be paid the legal minimum wage.

The Supreme Court of the United States decided that Major League Baseball was exempt from the Sherman Anti-Trust Act from the case of Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs et. al. The case was argued on April 19, 1922 and decided on May 29 of the same year. Justice Holmes delivered the opinion of the court.

“The business is giving exhibitions of baseball, which are purely state affairs.” he said “It is true that, in order to attain for these exhibitions the great popularity that they have achieved, competitions must be arranged between clubs from different cities and states. But the fact that, in order to give the exhibitions, the Leagues must induce free persons to cross state lines and must arrange and pay for their doing so is not enough to change the character of the business.”

An example of minor leaguers fighting against MLB's exemption from the Anti-Trust Act is the Boise Baseball Club of 1975. The club managed farm teams for the Oakland A’s in the Northwestern area of the United States. Boise went out of business in 1976 due to the A’s interference with sales of player development contracts. After Boise's demise from managing Oakland's farm teams, Boise took court action and blamed Major League Baseball for Oakland cutting them off. They fought to abolish MLB’s exemption from the Sherman Anti-Trust Act, but the court refused to re examine the 1922 case that allowed MLB to be exempt from the act and gave no reason to why they refused this notion.

Many players have tried to fight against Major League Baseball’s unfair treatment of minor league players, perhaps most notably George Earl Toolson. Toolson was a member of the New York Yankees Triple A Farm Club Newark Bears. In 1953, Toolson sued the New York Yankees to challenge the reserve clause, which prevented Toolson from being traded and getting a chance to pitch in the the major leagues. The court decided in favor of the Yankees, which kept baseball excluded from the Sherman Anti-Trust Act.

Although Broshuis is not the first to try and represent the minor leaguers, he may have the greatest chance to succeed. He now has 43 former minor leaguers supporting his suit and is in a strong position to complete this David versus Goliath case against Major League Baseball.


Written by: Harry Smith and Michael Stern

Minor leaguers reluctant to unionize

Minor league baseball logo - milb.com
Minor leaguers historically have been hesitant to unionize for fear of having their childhood dream of playing in the major leagues taken away. Garrett Broshuis and several former minor league players filed a 2017 lawsuit against Major League Baseball over wage disputes. This case could possibly be resolved in the establishment of a minor league union, but the risk of giving a voice to the cause is stopping current minor leaguers from joining the conversation.

“Every single player you talk to, even if they realize [a union] would be a good thing, is also scared to death to talk to another player about it,” Broshuis said in a 2012 slate.com article. “This is your dream you’re talking about.”

Minor league players currently have a starting salary of between $1,100 and $2,150 per month. A minor leaguer works anywhere between 50 to 70 hours per week. The pay for some players comes out to $4 per hour. In 2012, teams saved an average of $860,000 due to tighter restrictions placed on money spent on draft picks. According to Broshuis, this money could double the salaries of players in Double-A and below.

"The average baseball fan knows that minor leaguers aren't getting rich," Broshuis said in a 2014 motherjones.com article. "But I think the average baseball fan is shocked to know what the salaries actually are."

Broshuis was chosen in the fifth round of the 2004 draft as a pitcher by the San Francisco Giants. He played six minor league seasons and went as far as Triple-A.

He pursued law in hopes of enacting change in the minor league system after retiring from baseball. Broshuis filed Senne v. MLB for violating the Fair Labor Standards Act. He claims MLB paid minor leaguers less than minimum wage and violated local labor laws.

“Minor leaguers aren't represented by the Major League union, and without a collective voice, there hasn't been anyone to stand up for them at all,” Broshuis told USA Today Sports in 2015. “It’s a perfect recipe for exploitation.”

The outcome of Broshuis's lawsuit will change the game for minor league baseball players by expanding their possibilities. If he is successful in creating a minor league union, it could mean a possible long-term life in the minor leagues. If the lawsuit doesn't pass, minor leaguers will continue to live under poor conditions until a possible entrance into the major leagues.

“[A] minor league union would be terrific,” said Broshuis in a 2015 interview with HSMSE Sports. “Ultimately, that would be ideal. At least, they need to start paying them for spring training.”

Written by Velid Mulic and Mohammed Kabir

Garrett Broshuis, former minor league pitcher turned lawyer sues MLB

Out of all the minor leagues in professional sports, minor league baseball players suffer from arguably the worst living conditions. Their salaries are well below poverty level, which results in poor housing conditions and also leads to large amounts of debt. A former minor leaguer turned lawyer, Garrett Broshuis has experienced these conditions first-hand and has decided to try to improve minor leaguers’ salaries and working conditions by filing a lawsuit against the MLB for violation of Fair Labor Standards Act. Broshuis became a lawyer to defend minor league players after his baseball career ended.

Their wages are relatively minuscule when compared to their MLB counterparts. The average salary of a minor leaguer is $1,100 a month for a three-month season, which is well below the federal poverty level. In comparison, the minimum salary of a major leaguer is $500,000 per season.

“While big league salaries have risen by more than 2,000 percent since 1976, minor league salaries have increased by just 75 percent during that time,” Ted Berg said in a 2014 USA Today article. “When taking into account inflation, minor leaguers actually earn less than they did in 1976.”

With such minimal wages, minor league players can't afford sufficient housing.

“Some players shared tiny apartments with each other,” recalled Dirk Hayhurst in a 2014 Bleacher report article.

The shelter they had was not always the safest either; stories of structural damage and mold were common.

“I slept on an air mattress on the living room floor of a two-bedroom Portland apartment because I had the least service time of the three players who were living there,” Broshuis said in the Bleacher report article. “One of us slept on a sleeping bag on the floor.”

Garrett Broshuis / Korein Tillery 
Broshuis was a standout baseball player at the University of Missouri, earning a nomination for the 2004 Student-Athlete of the Year. He finished his 2004 season with a perfect 11-0 record. The San Francisco Giants selected Broshuis in the fifth round of the 2004 MLB draft playing six years in the minor leagues. He finished second in wins for the AA Eastern League in 2008.

Broshuis represents dozens of former minor league players in a wage and hour lawsuit challenging the salaries of minor leaguers. In March 2013, he filed a lawsuit against MLB claiming that they were in violation of the Fair Labor Standards Act for continuously paying minor leaguers less than minimum wage and not paying them for overtime. Broshuis explained his decision to become a lawyer recently in an interview with the HSMSE Sports Journalism class.

“I thought I was going to be a major in physiology.” Broshuis said. “I figured out I didn't want to sit in a lab all day.”

By filing the lawsuit, he hopes to raise awareness for the poor conditions of minor league players.

“A minor league union would be terrific," Broshuis said, "at the least they need to pay for spring training. Salaries for amnesties need to be increased as well.”


Written by: Junior Flores and Muhammad Abid Hasan


Friday, March 20, 2015

Garrett Broshuis discusses his lawsuit against MLB with HSMSE's Sports Journalism class

Former minor league pitcher turned lawyer Garrett Broshuis chatted with the HSMSE Sports Journalism Class about his current lawsuit against Major League Baseball. Broshuis discusses how he feels that MLB is in violation of the Fair Labor Standards Act, requiring minor league players to work many uncompensated hours at wages that are well below minimum wage.

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