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New Union Head Says Players Want Longer Division Series

Dec 2, 2009 – 2:50 PM
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Ed Price

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Michael Weiner, approved Wednesday as the new executive director of the MLB Players' Association, said the players are in favor of a best-of-7 Division Series as well as a postseason with fewer off days.

Weiner, 47, also said the union is against a "salary floor" as called for by Red Sox owner John Henry and against mandatory "slotting" in the draft. Weiner also said the current drug-testing program -- including therapeutic-use exemptions -- is working well.

While expanding the Division Series from best-of-5 to best-of-7 would of course lengthen the postseason, Weiner said it could be done while also condensing the schedule. Commissioner Bud Selig has said he will remove some off days; the gaps inserted to accommodate the broadcasting networks allowed the Yankees to use just three starting pitchers the entire postseason while playing 15 games in 31 days.

"I think everybody is in agreement that the postseason schedule needs some adjusting," Weiner said on a conference call.

He said changes in the schedule could be implemented in 2010 but an expanded Division Series -- which would seemingly reduce the chances of upsets -- would have to wait until the collective bargaining agreement comes up for renewal after the 2011 season.

"I think there is a lot of sentiment [among players] for a seven-game Division Series as well," Weiner said.

Henry recently proposed a minimum payroll -- "salary floor" for teams. Large-market teams may be concerned that their revenue sharing payouts are being pocketed by small-market clubs rather than spent.

Weiner said the union has two reasons to fight such a plan: "We really do believe in [free] markets," and, "Players historically have suspected the request for a salary floor is a precursor to a request for a salary cap." Weiner pointed out that the current CBA requires teams to show they used revenue-sharing receipts to improve the club's performance on the field.

With few free-agent signings so far this offseason, Weiner said he is "concerned a little bit. It's been a little bit slow. ... I think it's too early to draw any conclusions, though, with respect to how this market will play out."

Who Is Michael Weiner?
• Age 47.
• Graduate of Williams College (1983) and Harvard Law School (1986).
• From 1986-88, served as law clerk to the Hon. H. Lee Sarokin, then United States District Court Judge, in Newark, N.J.
• Hired by MLBPA executive director Donald Fehr as counsel in 1988, at age 26.
• In 1989, was promoted to assistant general counsel, rising to associate general counsel and, in 2004, to general counsel – his most recent role.
• Since 1990, he has attended virtually every bargaining session between players and owners, and in 1994, at age 32, took on a prominent role in drafting and formulating bargaining proposals.
• During 2006 CBA negotiations, for first time, he was the front-chair negotiator of current Basic Agreement without threat of a work stoppage.
• Was lead attorney in formulating the 2005 Joint Drug Agreement and subsequent changes.
Possible grievances over collusion in the 2007-08 and 2008-09 free-agent markets have been tabled until spring.

As for the draft, Weiner said the unions continues to be against strictly controlled signing bonuses tied to draft position.

"The sense of this executive board," he said, "is that mandatory slotting, as you call it, or a salary cap, as I would call it, is going to be a tough haul."

Weiner said he expected some changes for 2010 in the performance-enhancing drug testing program, which he would not specify.

"I think the testing policy is working great," he said.

The number of therapeutic-use exemptions, which allow players diagnosed with a condition to take banned substances, went up to 115 (108 for attention-deficit disorder). There were 28 TUEs in 2006, 103 in 2007 and 106 in 2008.

Bryan W. Smith, the independent administrator of the drug program, "has turned down a number of requests for therapeutic-use exemptions in this area," Weiner said. "This is not a rubber-stamp process by any stretch of the imagination."

Weiner has been with the MLBPA since 1988 and general counsel since 2004. He succeeds Don Fehr, who had been executive director for 26 years.

The best news for fans is that Weiner has a "professional working relationship" with his counterparts from the commissioner's office, including MLB president Bob DuPuy and vice president for labor relations Rob Manfred.

"That makes it less likely we have a problem because of a lack of communication," Weiner said. "It makes it less likely we have a problem because of personal animosity.

"I hope that that leads to a successful round of bargaining, but there's no guarantee."
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