The Forgotten Employees and Their Fight for Wage and Working Condition Equality: Could the Minor Leaguers’ Lawsuit Pierce Through Baseball’s Historic Antitrust Exemption?

Posted by Social Science Research Network

The Forgotten Employees and Their Fight for Wage and Working Condition Equality: Could the Minor Leaguers’ Lawsuit Pierce Through Baseball’s Historic Antitrust Exemption? – John Justin Leppler University of Baltimore – School of Law

ABSTRACT: This article analyzes key legal issues in Senne and contends MLB’s historic antitrust exemption will likely toss this lawsuit swiftly through a summary judgment motion.

Part I will provide additional facts regards to the circumstances in which Senne arose. It will give an overview of the three U.S. Supreme Court cases known as the “baseball trilogy” and subsequent cases decided by different United States Circuits — leaving the scope of baseball’s exemption uncertain.

Part II will discuss Congress’ sole attempt at defining the scope of baseball’s exemption with the enactment of the Curt Flood Act of 1998. With the seeming hope of defining and limiting the exemption in scope, this article demonstrates the Curt Flood Act of 1998 failed to define the exemptions scope and arguably made it broader and stronger rather than limited and weaker. The Act may give MLB substantial leverage in future court proceedings to argue the antitrust exemption now covers everything attenuated with the “business of baseball.”

Part IV will provide possible solutions for minor leaguers following a likely dismissal of Senne. This section contends either minor leaguers filing an unfair labor practice against MLB, arguing for Congressional intervention, or seeking unionization are all plausible ways minor leaguers may seek better wages and overtime pay for their services.

This article concludes stating Senne v. MLB will likely be thrown out but that does not bar minor leaguers from seeking alternative options in combating their low pay and alleged deplorable working conditions.