As the MLB lockout crosses into its third month, the league was hoping a neutral, government third party—the Federal Mediation and Conciliation Service—could facilitate a solution.
But on Friday, MLPBA rejected MLB’s request for mediation. In a statement, the union complained that MLB failed to present a counteroffer two days after pledging to do so.
Although MLBPA has rejected mediation at this time, MLB and MLBPA could agree to mediate at a later point.
With spring training set to begin on Feb. 16, the latest maneuverings indicate the labor dispute will directly impact the upcoming season.
Mediation is a process where a mediator listens to both sides and offers a recommended solution, and both sides must agree to the recommendation for it to take effect. Mediation is thus different from arbitration, where the arbitrator’s decision is binding on both sides.
MLB and MLBPA have turned to the federal government’s mediation service in the past, using it during the 1994 player strike. Mediation didn’t yield a solution back then. Instead, after 938 lost games including the 1994 World Series, the National Labor Relations Board successfully petitioned the judge, future U.S. Supreme Court Justice Sonia Sotomayor, for an injunction that reinstated an expired CBA and effectively forced the two sides to bargain a solution.
Mediation comes with potential legal risk if one side believes the other is merely going through the motions. In 2012, the NFL agreed to mediation in a labor dispute with the NFL Referees’ Association. The NFLRA, however, thought the league wasn’t treating the process in good faith and had intended to use a lockout to curtail referees’ salaries and retirement benefits. The NFLRA filed an unfair labor practice charge with the NLRB; the sides eventually reached a deal.
Another largely unsuccessful attempt at mediation occurred in 2011, when the NFL and NFLPA turned to three rounds of mediation to end a lockout and settle accompanying litigation. Both sides were criticized for key persons failing to attend sessions. Prominent players leading a lawsuit against the NFL—most notably Tom Brady, Peyton Manning and Drew Brees—were at times absent. Meanwhile, influential owners attended sessions sporadically, leaving discussions to secondary figures. “Any proposal we made,” Baltimore Ravens cornerback Chris Carr complained, “they’d have to leave the room to make a million phone calls.” Late sessions, however, were seen as more productive due to more direct conversations and the prospect of a lost 2011 season loomed.
Mediation is credited with ending the 2012-13 NHL lockout. The league was near a decision to cancel the season when it joined the NHLPA in federal mediation. After multiple sessions, mediator Scot Beckenbaugh proposed a resolution on revenue sharing and other divisive topics that both sides found acceptable. The season was saved as the 113-day lockout came to an end.
Whether MLB and the MLBPA turn to mediation at some point and treat the process seriously remains to be seen. Unless the two sides find common ground soon, however, a normal MLB season for 2022 won’t be in the cards. While the lockout has been met with apathy among many fans, that will likely change if the ritual of spring baseball doesn’t happen.
