Arbitrator Gives Free Agency to 13

Bob Boone and Brian Downing of the Angels were among 13 players awarded modified free agency by arbitrator George Nicolau Monday in the case known as Collusion II.

Nicolau ruled on Aug. 31 that the 26 owners had violated the collective bargaining agreement by acting in concert to restrict free-agent movement in the winter of 1986-87.

His decision Monday was similar to a remedial decision by arbitrator Tom Roberts Jan. 22. Roberts, having found the owners guilty of collusion after the 1985 season, awarded modified free agency to seven players.

The seven--Kirk Gibson, Carlton Fisk, Donnie Moore, Juan Beniquez, Tom Brookens, Joe Niekro and Butch Wynegar--had until March 1 to sign with other teams or remain with their previous teams.

Only Gibson, who left the Detroit Tigers to accept a 3-year, $4.5-million contract from the Dodgers, changed teams.

Nicolau, in his first remedial ruling, has given the 13 players until Dec. 16 to sign with new teams or remain with their current clubs.

The 13, besides catcher Boone and outfielder/designated hitter Downing:

--Pitchers Jim Clancy of the Toronto Blue Jays, Doyle Alexander of the Tigers, Ron Guidry of the New York Yankees, Ken Dayley of the St. Louis Cardinals and Roy Smith of the Minnesota Twins.

--Catchers Rich Gedman of the Boston Red Sox, Ernie Whitt of the Blue Jays and Alan Ashby of the Houston Astros.

--Infielders Willie Randolph of the Yankees and Dave Concepcion of the Cincinnati Reds.

--Outfielder Claudell Washington of the Yankees.

Nicolau rejected a request by the Major League Players Assn. to award modified free agency to 33 other players who had been free agents in the winter of 1986-87.

That, he said, was because many of the 33 had opportunities at free agency after the 1987 season and are involved in a Collusion III case that he is now hearing.

“Permitting players to invalidate those contracts at this time would, in effect, prejudge the evidence in that proceeding,” Nicolau said.

An example: Jack Morris was victimized by the owners’ conspiracy after the 1986 season and returned to the Tigers through salary arbitration. He was a free agent again after the 1987 season and signed a 2-year, $3.9-million contract with the Tigers.

The union asked that Morris receive modified free agency as part of the Collusion II case, but Nicolau declared that Morris and others had signed free-agent contracts after the 1987 season, which he can’t invalidate since he has yet to make a ruling on the union’s charge that the owners colluded again last winter for the third year in a row.

In addition, three of the leading free agents in the Collusion II case--Tim Raines, Andre Dawson and Lance Parrish--were excluded from Monday’s ruling because they had signed contracts waiving their right to renewed free agency.

The Angels made that a stipulation when they traded recently for Parrish. Dawson gave up his rights when he signed a 2-year contract with the Chicago Cubs last season. Raines forfeited his rights Sunday when he signed a 3-year, $6.3-million contract with the Montreal Expos.

Those contracts, however, do not prevent the players from sharing in any future financial penalties that Roberts and Nicolau levy against the owners as part of the remedial process. Those hearings are still in progress.

Said Donald Fehr, the union’s executive director, of Monday’s decision:

“We’re obviously pleased as far as it went and disappointed it didn’t go farther. Now we’ll see how the market responds. We freed Kirk Gibson and the Dodgers won a world championship. We’ll have to see if any of the other clubs take that to heart.”

Of the 13 players affected by Monday’s ruling, only Whitt and Downing are already signed for 1989. Those contracts will remain in effect if the players return to their current teams. They are not binding on any other team.

Whitt is guaranteed $800,000 by the Blue Jays. Downing will be in the final year of a 3-year contract with the Angels, but his $850,000 salary becomes guaranteed only if he is with the team opening day.

Mike Port, the Angels’ general manager, said he could not comment on Monday’s ruling until he had read the complete text later this week, but he added that both Downing and Boone were in the Angels’ 1989 plans.

“If it was otherwise, we would have taken some action by this time (to sever relationships with them),” he said.

Boone, who made $883,000 while batting a career-high .295 last year, returned from an Idaho hunting trip Monday and said he had not sorted out his reaction or game plan.

“I live here and want to stay here,” he said. “On the other hand, I want to play full time. I still feel I’m coming off my best year. Does that mean I have to take a pay cut and subservient role?”

Boone alluded to the acquisition of Parrish, giving the Angels two catchers with All-Star credentials. Boone will be 41 in November. He said he couldn’t be sure of what kind of market he will find and doubts that Monday’s ruling will have the dramatic impact it might if he were 28 or seeking to leave an unpleasant environment.

Nevertheless, Boone has his pride, which was a major issue in the prolonged contract hassle after the 1986 season. He ultimately refused to sign by the Jan. 8 deadline and did not return to the Angels until May 1.

“On our last road trip (of 1988), Mike told me that he wants me back, but he has since traded for Lance Parrish,” Boone said. “If it’s a contest, I have no problem competing, but I’d like to know where I stand.”

Downing, who hit 25 homers and drove in 64 runs, could not be reached for comment. He recently addressed the possibility of free agency, however, and said he did not think it would significantly affect him since he is 38, already signed for 1989, wants to play only 1 more year and wouldn’t want to spend it anywhere but Anaheim.

It is difficult to say what impact Monday’s ruling will have on Guidry, who is 38 and coming off rotator cuff surgery; Alexander, who is 38 and coming off a bad second half; Ashby, who is 37 and hit .238; Randolph, who is 34 and hit .230, or Concepcion, who is 40 and had already been released by the Reds.

But Downing and Boone bring a measure of intrigue to the market, as do Clancy, 32, who won 26 games for the Blue Jays over the last 2 years; Dayley, 29, a valuable left-handed reliever when injury-free; Washington, 34, who batted .308 and drove in 64 runs in an irregular role with the Yankees, and the two other catchers: Whitt, 36, who drove in 70 runs, and Gedman, 29, who should be better than a .231 average and 39 RBIs.

The question is: Will there be a market at all or will they all find it as quiet as when they were first free agents? Does collusion live, or have the penalties served their purpose?