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

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.