Post by Fish Troll on Nov 17, 2008 16:10:18 GMT -5
Players' union files per diem grievance
Team accused of not paying full allowance to rehabbing players
By Juan C. Rodriguez | South Florida Sun-Sentinel
November 11, 2008
The Major League Baseball Players Association filed a grievance in September against the Marlins Get your Marlins Tickets now! over how they pay rehabbing players.
At least 13 players over the past five seasons stand to collect additional per diem and reimbursements for lodging while rehabilitating from injuries at the club's minor league complex in Jupiter. One agent with knowledge of the case said the total sum could reach six figures. The Players Association is awaiting further information from the Marlins. A hearing date has not been set.
"There are 29 teams and then there are the Marlins," the agent said. "They do it a different way on many different things. It's come back to roost through Players Association inquires and agents doing random audits of what's happening to guys, and all of us putting our heads together and realizing this is more than one deal. This is organizational fraud."
The Marlins, who would not comment, have a somewhat unusual situation in that they play close to their spring training complex. That affords rehabbing major-leaguers easy access to the club's medical staff and facilities.
The Collective Bargaining Agreement specifies that disabled players not traveling on the road with the team should receive "the full allowance if he is residing at a hotel or motel in either the metropolitan area of the club, or one to which the player has gone at the request of the club."
Part of the grievance stems from the Marlins giving injured players per diem only when the team is on the road and not at home.
Another issue is housing expenses. The Marlins cover local hotel stays, but players who are facing a protracted rehab and decide to rent apartments in or near Jupiter do so on their own dime.
According to the CBA, disabled players "receive no allowance if he is residing at his in-season residence or permanent residence in the metropolitan area of the club, which residence is not a hotel or motel." The CBA also says teams can direct players to rehab facilities in the team's home city, on the road with the team, or at the spring training complex (if the player has less than five years of service time) for 20 days. Beyond that, teams need players' consent to remain at a minor league complex.
The Marlins apparently consider Jupiter part of their metropolitan area, relieving them of some fiduciary duties to injured players choosing to reside there. Among the Marlins' counterpoints is that beyond 20 days, players may rehab wherever they choose.
Despite the benefits of having injured players "in house," the Marlins say players remain in Jupiter of their own accord.
"Several agents brought it to the Players Association's knowledge," the agent said. "It's similar to a class action suit. … It's gone back and forth a couple of times, and we're at a bit of an impasse. They put their feet down and said we're not wrong on this thing. We said you are. This is not right according to the rule."
Team accused of not paying full allowance to rehabbing players
By Juan C. Rodriguez | South Florida Sun-Sentinel
November 11, 2008
The Major League Baseball Players Association filed a grievance in September against the Marlins Get your Marlins Tickets now! over how they pay rehabbing players.
At least 13 players over the past five seasons stand to collect additional per diem and reimbursements for lodging while rehabilitating from injuries at the club's minor league complex in Jupiter. One agent with knowledge of the case said the total sum could reach six figures. The Players Association is awaiting further information from the Marlins. A hearing date has not been set.
"There are 29 teams and then there are the Marlins," the agent said. "They do it a different way on many different things. It's come back to roost through Players Association inquires and agents doing random audits of what's happening to guys, and all of us putting our heads together and realizing this is more than one deal. This is organizational fraud."
The Marlins, who would not comment, have a somewhat unusual situation in that they play close to their spring training complex. That affords rehabbing major-leaguers easy access to the club's medical staff and facilities.
The Collective Bargaining Agreement specifies that disabled players not traveling on the road with the team should receive "the full allowance if he is residing at a hotel or motel in either the metropolitan area of the club, or one to which the player has gone at the request of the club."
Part of the grievance stems from the Marlins giving injured players per diem only when the team is on the road and not at home.
Another issue is housing expenses. The Marlins cover local hotel stays, but players who are facing a protracted rehab and decide to rent apartments in or near Jupiter do so on their own dime.
According to the CBA, disabled players "receive no allowance if he is residing at his in-season residence or permanent residence in the metropolitan area of the club, which residence is not a hotel or motel." The CBA also says teams can direct players to rehab facilities in the team's home city, on the road with the team, or at the spring training complex (if the player has less than five years of service time) for 20 days. Beyond that, teams need players' consent to remain at a minor league complex.
The Marlins apparently consider Jupiter part of their metropolitan area, relieving them of some fiduciary duties to injured players choosing to reside there. Among the Marlins' counterpoints is that beyond 20 days, players may rehab wherever they choose.
Despite the benefits of having injured players "in house," the Marlins say players remain in Jupiter of their own accord.
"Several agents brought it to the Players Association's knowledge," the agent said. "It's similar to a class action suit. … It's gone back and forth a couple of times, and we're at a bit of an impasse. They put their feet down and said we're not wrong on this thing. We said you are. This is not right according to the rule."
www.sun-sentinel.com/sports/baseball/marlins/sfl-flspmarlins11sbnov11,0,2509237.story
