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 Post subject: Take a look at this
PostPosted: Wed Aug 27, 2008 11:28 pm 
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Several Scott Boras Corp clients were prominent in the 1996 draft. Boras found a loophole that granted free agency to four top first-round picks: Matt White, Travis Lee, John Patterson, and Bobby Seay. He was able to get White a $10.1 million deal from the Tampa Bay Devil Rays; White has never reached the major leagues, however. Seay, who signed with the Devil Rays for $3 million, was a reliever with the Tampa Bay for four seasons and is now with the Colorado Rockies. Lee, a star with Team USA in the 1996 Summer Olympics, has been a solid backup for several teams, while Patterson is now a middle-of-the-rotation starter for the Washington Nationals.

http://www.sports-agent-directory.com/s ... tboras.asp

I dont know the details but the Pirates may have botched this. Wouldn't that be a shame if Bob Nutting says the Pirates have the best management group in all of sports and they got suckered by Boras into going over the deadline. If he could get these two to become free agents and go to the highest bidder, they could fetch a lot more as free agents....and the best management group in all of sports would be left with egg on its face.

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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 12:06 am 
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One draftee to whom the Bucs offered $1M is Tanner Scheppers. Scheppers turned down the deal and asked for more money. When he did not agree to the deal by the deadline, he had two options: (1) go back to school or (2) quit school and play independent league ball.

It is clear now that Boras is not driving the bus on the grievance. It is the MLBPA. They are claiming (1) that MLB unilaterally extended the time to reach agreement with draftees with remaining college eligibility beyond midnight on 8/15; and (2) that MLB's unilateral extension of that time without consulting the MLBPA is a violation of the collective bargaining agreement.

So . . . here is how I envision the potential results:
(1) MLB did not violate the collective bargaining agreement because no agreements were reached after midnight on 8/15. Alvarez would be bound by the agreement and remain on the restricted list until he signed the agreement and reported to play ball.
(2) MLB did not violate the collective bargaining agreement because any "extension" of time to reach a final "agreement" was merely to work out how the money would be paid. As long as the parties reached an agreement on the total dollar value of the contract and reported it by midnight, it is binding. Alvarez would be bound by the agreement and remain on the restricted list until he signed the agreement and reported to play ball.
(3) MLB violated the collective bargaining agreement by allowing teams and draftees to merely report the dollar figure of the contract when the final "T"s needed to be crossed and "I"s needed to be dotted. However, this violation is de minimus and not sufficient to void the agreements of those who dotted the "I"s and crossed the "T"s after midnight. Alvarez would be bound by the agreement and remain on the restricted list until he signed the agreement and reported to play ball.
(4) MLB violated the collective bargaining agreement by allowing teams and draftees to merely report the dollar figure of the contract when the final "T"s needed to be crossed and "I"s needed to be dotted. This violation is substantial and any agreements reached after midnight are void and unenforceable. It is as if the player never reached an agreement. In this case, Alvarez is just like Scheppers. What remains to be decided by the NCAA is whether Boras ever acted as an agent and whether Alvarez has any NCAA eligibility remaining. What will be interesting is whether those players currently under contract that were drafted this year and agreed after midnight (Ie; the KC player) will have their contracts voided as well. Perhaps more interesting are the players in past years who reached a contract under similar conditions. Would their contracts be voided? Do they become free agents? Or, by signing a deal and playing for the team, have they waived contract formation defenses?

The above scenarios create some interesting legal arguments.

Perhaps more fascinating will be the impact of a decision consistent with number (4). Based solely upon what I have read, it is Boras' modus operandi to wait until the final minutes before midnight before contacting teams. IF (and I repeat IF) the KC player has his contract declared void and he forfeits his $6M signing bonus only after Boras advised Alvarez not to sign his agreement on timeliness grounds, it would appear to me that Boras' actions with respect to one client have materially impacted another client. If this is not a clear conflict of interest, it certainly has the appearance of one. Although Boras could probably write two $6M checks and hardly blink, the interesting legal theory would involve whether Boras' representation of these clients somehow could be characterized as fraudulent (I have no idea right now how that could be) which - in some jurisdictions - might open the door to punitive damages. Then the question would be "how much money is appropriate to punish Boras for his misdeeds." Up until the recent US Sup Ct decision involving Exxon, the common belief was that punitive damages could not exceed 10 times actual damages. Exxon raises some questions as to whether punitives should be no more than actuals - although it is far from clear. In any event, I think that this legal issue is potentially more interesting.

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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 12:09 am 
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BH, your antagonizing a situation that has already stirred up some serious anger amongst not only this community, but the entire Pirates fanbase. Your antics are tolerated in most cases, but your classless accusations of the PBC is exactly what Boras wants from us Pirate fans. But, maybe you're just to stupid to realize that. Give it a rest.


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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 12:26 am 
Piratefan13 wrote:
BH, your antagonizing a situation that has already stirred up some serious anger amongst not only this community, but the entire Pirates fanbase. Your antics are tolerated in most cases, but your classless accusations of the PBC is exactly what Boras wants from us Pirate fans. But, maybe you're just to stupid to realize that. Give it a rest.


I think our anger needs to be directed at Boras, Alvarez and -- to a lesser extent -- the Pirates. Not BH. You can't blame a fan for pointing out negatives with THIS mess.


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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 12:27 am 
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Piratefan13 wrote:
BH, your antagonizing a situation that has already stirred up some serious anger amongst not only this community, but the entire Pirates fanbase. Your antics are tolerated in most cases, but your classless accusations of the PBC is exactly what Boras wants from us Pirate fans. But, maybe you're just to stupid to realize that. Give it a rest.


just watched the Subway sports call with Bob Pompiani and Ron Cook. Almost every email and phone call ripped the Pirates for this screw up. Most said is just another in the on going train wreck that rolls down the track for this organization. Classless accusations? When something is botched like this it is not just one parties fault. The agent is a tough person to deal with. He may be mostly to blame, but you just assume the Pirates know what they are doing? Try and be less emotional and a little more objective

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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 10:12 am 
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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 11:57 am 
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bullishhitter wrote:
Try and be less emotional and a little more objective


LOL. That goes for you as well, BH! You're posts on this topic have been positively giddy. You're clearly relishing the opportunity to spin this negatively. So, please, try and be less emotional and a little more objective.


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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 12:23 pm 
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How do you know the Bucs botched this episode? Were you on the conference call? The Pirates made an offer. If Alvarez and Boras did not accept it before the midnight deadline it is not the teams fault, it is the fault of Boras and his client. If they did accept the offer before the deadline then it is again their fault for not following up and signing th contract. A simple check of phone records should clear up any evidence regarding times.


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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 12:42 pm 
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Az Bucco fan wrote:
How do you know the Bucs botched this episode? Were you on the conference call? The Pirates made an offer. If Alvarez and Boras did not accept it before the midnight deadline it is not the teams fault, it is the fault of Boras and his client. If they did accept the offer before the deadline then it is again their fault for not following up and signing th contract. A simple check of phone records should clear up any evidence regarding times.

First I blame the agent mostly, but the Pirates FO should know the shot when you deal with this character. They may not have called the union for an extention. Boras may have found a loophole in the procedure. He's using it for more money. This situation could have been avoided has some blame on the Pirates. Know the shot.

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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 1:18 pm 
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This was based on a minor league contract which quite possibly leaves the union right out of it.


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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 2:41 pm 
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Az Bucco fan wrote:
This was based on a minor league contract which quite possibly leaves the union right out of it.


Quote:
Within hours after this year's Aug. 15 midnight deadline passed, the Players Association learned from several sources that the Commissioner's Office had extended the deadline for negotiating and reporting signings with drafted players," Major League Baseball Players Association general counsel Michael Weiner said in a statement. "This was done without notice to or consultation with the Players Association, despite a firm deadline having been established through collective bargaining.

"The Players Association, after discussions with the Commissioner's Office, players, agents and other parties, viewed it necessary to file a Grievance challenging this plainly unlawful unilateral act by the Commissioner's Office. The grievance was not filed on behalf of any particular player. It is the union's obligation, on behalf of all players, to defend the integrity of its collectively bargained agreements and to ensure that those agreements are respected and honored by the Clubs.


http://pittsburgh.pirates.mlb.com/news/article.jsp?ymd=20080827&content_id=3375888&vkey=news_pit&fext=.jsp&c_id=pit


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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 4:50 pm 
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This isn't about the $200,000. It's about Boras being embarrassed because his guy was third on the list of draftees in bonus money this year. That is bad for ego and future client lists. So, it appears to me that he just wants to try to get more money so that he can brag next year that his guys always get the most money.

Problem is it doesn't look like he can accomplish his goal this way and Alverez will end up suffering a year's worth of money because of it.

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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 6:17 pm 
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bullishhitter wrote:
Several Scott Boras Corp clients were prominent in the 1996 draft. Boras found a loophole that granted free agency to four top first-round picks: Matt White, Travis Lee, John Patterson, and Bobby Seay. ... I dont know the details but the Pirates may have botched this. Wouldn't that be a shame if Bob Nutting says the Pirates have the best management group in all of sports and they got suckered by Boras into going over the deadline.


OH MY GOD!! The Pirates may have missed out on signing the great ones - like Matt White, Travis Lee, John Patterson, and Bobby Seay??????

Oh ... my ... GAWD. That foursome gathers each year to compare hall of fame acceptance speeches.


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 Post subject: Re: Take a look at this
PostPosted: Thu Aug 28, 2008 7:22 pm 
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Bucfan wrote:
That foursome gathers each year to compare hall of fame acceptance speeches.


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ticket.JPG [ 41.32 KiB | Viewed 229 times ]

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 Post subject: Re: Take a look at this
PostPosted: Fri Aug 29, 2008 1:47 am 
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nad69dan wrote:
Bucfan wrote:
That foursome gathers each year to compare hall of fame acceptance speeches.


Bobby Seay is on the far left. No wonder she, err, he never worked out.


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