Ruling Expected Today in Baseball Collusion Suit : Gibson, Others in Class of ’85 May Be Free Agents

Arbitrator Tom Roberts, having ruled last summer that the baseball owners were guilty of collusion in their approach to free agency in the winter of 1985-86, is now on the verge of making several of those players free agents again.

His ruling could be made today, according to a variety of sources, among them Barry Rona, legal counsel to the owners’ Player Relations Committee.

“There’s no question he’s going to give it to them,” Rona said Thursday. “He made it clear to us early on that it would be part of his remedy. The question has been as to what form it will take.

“The union has argued that the entire class of ’85 should be entitled to free agency. Our position has been that it should be limited to about six people, since just about everyone else from that class had another opportunity at free agency in 1986 or ’87.”

Headed by Detroit Tigers outfielder Kirk Gibson and Angel relief pitcher Donnie Moore, an otherwise nondescript group of 62 players filed for free agency after the 1985 season.

Neither Gibson nor Moore received an offer from another team and ultimately signed three-year contracts with their former teams. Only a few fringe players changed teams. Many of that winter’s free agents have since retired or been released. Only 14 remain under contract.

According to Rona, the Player Relations Committee contends that Roberts should restrict the reissuing of free agency to the 6 of those 14 players who have not had another opportunity at free agency. It is believed that the union, which has urged Roberts to make a decision today, would support that position. The union has already notified the six players that they will soon be free agents.

The six are Gibson, Moore, Angel catcher Butch Wynegar, who was then with the New York Yankees, Detroit infielder Tom Brookens, Minnesota Twins pitcher Joe Niekro, then with the Yankees, and Toronto Blue Jays utilityman Juan Beniquez, who left the Angels that winter to sign with the Baltimore Orioles.

The remedy hearing is currently being conducted in Los Angeles.

Roberts, in response to a heavy schedule, is expected to call a recess next week, then reconvene the hearing in July, when the Major League Players Assn. will pursue the issue of financial damages, which the union believes is imperative if it is ever to get the attention of the owners. The union is expected to seek financial compensation for all 62 free agents of that winter and the 98 players who filed then for arbitration.

Contacted Thursday, Roberts refused to confirm that he had reached a decision on the union’s request for renewed free agency.

He implied, however, that he will be issuing interim awards as the hearing progresses.

Is this one imminent?

“I don’t think it will come before tomorrow,” he said, suggesting that he will make it official today.

Besides the question of how many players will receive free agency again, there is the obvious one as to when and for how long.

“Do they get it for two days, two months, up until the season starts or into the season?” Rona asked.

“The union wants a longer period and we want a shorter period. Obviously, we don’t want it to go into the season.”

The speculation is that players under contract will be given the option of retaining their contracts or choosing free agency.

Rona said he doesn’t look for widespread movement or confusion, pointing out that five of the six key players would have to give up significant salaries with no assurance that they would find a receptive market.

Moore, who will be paid $850,000 this year, and Wynegar, who will receive $733,000, are physically questionable. Niekro, whose contract calls for $800,000, is 43 and coming off a 7-13 season. The two Tigers, Gibson and Brookens, make $1,050,000 and $350,000, respectively. Beniquez is pursuing arbitration with the Blue Jays.

“Given the players and the compensation they are guaranteed for this year, it’s difficult to see how anyone would pay more,” Rona said.

“If they want to move for other considerations, that’s different, but I still don’t view this as a significant ruling.”

Once Roberts reveals the details, the significance may be the precedent that it will serve as a precedent. The collusion hearing dealing with the free agents of 1986-87 is finished, except for the filing of briefs. Arbitrator George Nicolau is expected to deliver a decision in May or June.

Though 11 free agents have changed teams this winter, the union filed another collusion grievance Wednesday.