MAJOR LEAGUE
AGREEMENT
THIS AGREEMENT, entered into this 3rd day of February, 1945,
by and between THE NATIONAL LEAGUE OF PROFESSIONAL BASEBALL CLUBS, and each of
its Eight Constituent Clubs, on the one part, and THE AMERICAN LEAGUE OF
PROFESSIONAL BASEBALL CLUBS, and each of its Eight Constituent Clubs, on the
other part.
WITNESSETH:
WHEREAS, the parties hereto are the parties to an agreement, executed
January 12, 1921, and amended December 12, 1944, known as the Major League
Agreement; and
WHEREAS, the parties hereto desire further to amend the Major League
Agreement as hereinafter provided;
NOW, THEREFORE, it is mutually agreed by and between the parties hereto
that the Major League Agreement is hereby amended to read as follows:
ARTICLE
1
The
Commissioner
Sec. 1.
The Office of Commissioner created by the Major League Agreement of
January 12, 1921, is hereby continued for the period of this agreement.
Sec. 2.
The functions of the Commissioner shall be as follows:
(a) To investigate, either upon complaint or
upon his own initiative, any act, transaction, or practice charged, alleged or
suspected to be detrimental to the best interests of the national game of
baseball, with authority to summon persons and to order the production of
documents, and, in cases of refusal to appear or produce, to impose such
penalties as are hereinafter provided.
(b) To determine, after investigation, what
preventive, remedial or punitive action is appropriate in the premises, and to
take such action either against Major Leagues, Major League clubs or
individuals, as the case may be.
(c) To hear and determine finally any dispute
between the Major Leagues which may be certified to him for determination by
the President of either Major League.
(d) To hear and determine finally any dispute
to which a player is a party, or any dispute concerning a player, which may be
certified to him by either or any of the disputants.
(e) To formulate, and from time to time
announce, the rules of procedure to be observed by the Commissioner and all
other parties in connection with the discharge of his duties. Such rules shall always recognize the right
of any party in interest to appear before the Commissioner and be heard and the
right of the Presidents of the two Major Leagues to appear and be heard upon
any matter affecting the interests of the Major Leagues, or either of them.
Sec. 3.
In the case of conduct detrimental to baseball by Major Leagues, Major
League clubs, officers, employees, or players, punitive action by the
Commissioner may in any case take the form of a public reprimand. In the case of a Major League or club, the
Commissioner may impose a fine not exceeding Five Thousand Dollars ($5,000.00)
for any one offense. In the case of a
Major League club, punishment may extend to temporary deprivation of
representation in joint meetings held under this agreement. In the case of any official or employee of a
Major League or of any Major League club, punishment may extend to suspension
or removal. For such conduct, a player
may be declared by the Commissioner temporarily or permanently ineligible to
play for any club which is a party to this agreement.
No Major League rule or other joint action of
the two Major Leagues and no act or procedure taken in compliance with any such
Major League rule or joint action of the two Major Leagues shall be considered
or construed to be detrimental to baseball.
If in the judgment of the Commissioner, any Major League rule or any
joint action of the two Major Leagues becomes in its operation impracticable or
disadvantageous to baseball, either by reason of changed circumstances or
otherwise, the Commissioner shall send a notice to the President of each Major
League stating his judgment and the reasons therefore, and noticing such rule
or joint action for reconsideration at the next regular joint meeting of the
Major Leagues, or at a special joint meeting of the Major Leagues called by the
Commissioner for the purpose of such reconsideration. At such regular or special joint meeting, such rule or joint
action shall be voted upon as would be done if it were being initially
proposed. During such period of
reconsideration, such rule or joint action of the Leagues shall be in full
force and effect.
Sec. 4.
In the case of conduct detrimental to baseball by organizations not
parties to this agreement, or by individuals not connected with any of the
parties hereto, the Commissioner may pursue appropriate legal remedies,
advocate remedial legislation and take such other steps as he may deem
necessary and proper in the interests of the morale of the players and the
honor of the game.
Sec. 5.
The Commissioner shall hold office for seven (7) years and shall be
eligible to succeed himself. His
compensation shall be Fifty Thousand Dollars ($50,000.00) per annum.
Sec. 6.
The election of any Commissioner hereunder shall be at a joint meeting
of the two Major Leagues; the vote shall be by clubs; and to elect shall
require the affirmative vote of twelve (12) of the sixteen clubs signatory
hereto. During any vacancy in the
office of Commissioner due to the resignation, death, or incapacity of any
Commissioner during his term, or due to the failure to elect a Commission upon
the expiration of a Commissioner=s term, all the powers and duties of the Commissioner and the Advisory
Council, as provided in the Major League Agreement, shall be conferred upon and
thenceforth exercised by a Major League Advisory Council shall continue to
exercise the powers and duties of the office of the Commissioner under this
agreement until a new Commissioner of Baseball has been elected as herein set
forth. The decision of a majority of
such Major League Advisory Council shall be controlling; provided that any case
involving a player=s
claim against a club or League shall be decided solely by the third member of
the Council.
ARTICLE
II
THE
ADVISORY COUNCIL
Sec. 1. The Advisory Council is
hereby created, to be composed of the Commissioner and the President of each of
the Major Leagues, or such other representatives as either of said Major
Leagues shall elect by majority vote.
In case of a division of opinion within the Council, the decision of a
majority shall be controlling.
Sec. 2.
The Advisory Council shall from time to time as deemed wise, submit to
the Major Leagues additions to or amendments of the following:
(a) Rules to govern the playing of the World
Series Games.
(b) Rules to regulate all other contacts
between the Major Leagues, and all matters in which the Major Leagues have an
interest.
(c) Rules to determine the relationships
between players and clubs, and between clubs and clubs, in all cases which
concern players or their contracts, a standard form of player=s contract, and such other formal documents
as may from time to time be deemed desirable.
Sec. 3.
The Commissioner, advisory Council, or any club, may from tie to time
propose to the Major Leagues the adoption, amendment or rescission of any rule,
regulation or standard form or any other joint action of the Leagues.
Sec. 4.
The Advisory Council shall recommend to the Major Leagues, from time to
time, the clerical and administrative expenditures necessary and proper for the
discharge of the Commissioner=s duties.
ARTICLE
III
The
Secretary-Treasurer
Sec. 1.
The Commissioner shall appoint a Secretary-Treasurer who shall hold
office during the pleasure of the Advisory Council. His duties shall be such as the Council shall from time to time
determine. His compensations shall be
fixed by the Council, subject to the approval of the Major Leagues.
ARTICLE
IV
Uniform
Rules
Sec. 1.
Any Rules, Regulations or Standard Forms proposed as above by the
Commissioner, Advisory Council, or any club, shall, upon formal acceptance by
the Major Leagues, become binding upon them, and shall not thereafter be
amended, except by the concurrent action of both Major Leagues. The authority of the Commissioner to
determine finally a disagreement between Major Leagues shall extend to the case
of a disagreement over a proposed amendment.
Sec. 2.
Amendments of rules, regulations or standard forms shall, after they
have become operative, be subject to further amendment only as provided in
Section 1 of this Article.
ARTICLE
V
Joint
Meetings
Sec. 1.
At all joint meetings of the two Major Leagues, and of their constituent
clubs, the Commissioner shall preside.
Sec. 2.
Upon all questions of an interleague nature, or in any matter coming up
in a joint meeting of the two Major Leagues, the roll shall be called, and
after voting by clubs in each League, if there shall be a division then the
American League shall cast one vote and the National League another vote. Should these two votes be at variance, then
the Commissioner shall cast the deciding vote.
There shall be no appeal therefrom.
Sec. 3.
Joint meetings of the Major Leagues, and of their constituent clubs, may
be called by the Commissioner upon reasonable notice and shall be so called
whenever he is thereunto requested in writing by the President of either of
said Leagues.
ARTICLE
VI
Finances
Sec. 1.
The expenses of the Advisory Council, including the salaries of the
Commissioner and of the Secretary-Treasurer, shall be paid by the Major
Leagues, except to the extent that funds sufficient for the purpose are derived
from games conducted under the auspices of the Council.
Sec. 2.
The Major Leagues, and each of their constituent clubs, shall upon the
demand of the Council contribute, share and share alike, to meet any deficiency
of revenue remaining after the application to expenses of all funds properly
applicable thereto.
ARTICLE
VII
Submission
to Jurisdiction of Commissioner
Sec. 1.
The Major Leagues and their constituent clubs severally agree to be
bound by the decisions of the Commissioner and the discipline imposed by him
under the provisions of this agreement.
Sec. 2.
The form of player=s contract to be used by the Major Leagues, and all contracts between
Major Leagues or clubs and their officers and employees, shall contain a clause
by which the parties agree to submit themselves to the discipline of the
Commissioner, and to accept his decisions rendered in accordance with this
agreement.
ARTICLE
VIII
Duration
of Agreement
Sec. 1.
This agreement shall remain in force until January 1, 1970.
ARTICLE
IX
Limitation
of Amendments
Sec. 1. Each of the parties hereto subscribes
this agreement in consideration of the promises of all the others that no
diminution of the compensation or powers of the present or any succeeding
Commissioner shall be made during his term of office.
Source: Official
Baseball 1945, pp. 219-221.