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No Pay, No Stay, Say Players : Padres: Jack Clark, Bruce Hurst and Tony Gwynn say they will seek free agency if the team carries out its promise to dock their pay.

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TIMES STAFF WRITER

Jack Clark, Bruce Hurst and Tony Gwynn said Friday that they will file a grievance in an attempt to gain free agency should the Padres carry out their promise to dock their pay because of a shortened season.

The Padres, on the advice of the Player Relations Committee, have informed four players--Clark, Hurst, Gwynn and Eric Show--that they will not receive full pay if the baseball lockout results in cancelled games.

The Padres, according to the Major League Players Assn., are required to pay the four players their full salaries during the lockout. Yet, the players received notices with their March 15 paycheck that they should expect deductions for a shortened season.

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“I guarantee you if any of my checks are missing so much as a dime,” Clark said, “they won’t see me again. The next time they’ll see me again will be in court.

“If (the major league owners) think there will be a whole new ballgame now, just wait. I’ll show you a whole new game when we’re in court. I’m tired of their damn games. This is another one of their ploys. It’s one of their scare tactics.”

Clark realizes that the PRC is behind the Padres’ action, and vents his anger not only at the team’s management, but all of baseball’s owners. Yet, if the Padres continue their threat of withholding wages, he promises they’ll be the ones paying the price.

“Am I taking this seriously?,” Clark said. “You’re damn right I am. If they pull this crap on us, they’re going to lose me, they’re going to lose Hurst and they’re going to lose Tony. They’re screwing with the wrong guys. We’ll all file for free agency and split.

“It’s sad. It’s ugly. No matter what happens, these scars aren’t going to go away.

“The owners keep telling us to trust them, yeah, right, as gutless and untrustworthy as they are.”

Hurst, who became a free agent after the 1988 season with the Boston Red Sox, signed a three-year, $5.25 million guaranteed contract with the Padres that specifically provided that he be paid during a baseball lockout. In fact, if the Padres had not provided the clause in the contract, Hurst said that he’s not sure he would have come to San Diego.

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“They know what they signed, and I know what I signed,” Hurst said. “No one got hood-winked in this deal. The deal is if there was a lockout, I would get paid. It doesn’t take a rocket scientist to figure that out.

“Now, all of a sudden, they say they’re not going to pay me. I’m not a whiz kid, but I perceive that as breach of contract.

“If we don’t get paid, we’ll file a grievance, and I’ll sure take my chance at free agency.”

Show and his agent, Arn Tellem, could not be reached for comment.

The four Padre players learned of their predicament when written notices were included with their March 15 paychecks that advised them of possible future deductions. Hurst, Gwynn and Show are paid on a 12-month schedule. Clark gets paid from March 15 to November 15.

The notices that were mailed to the players, according to sources, read: “Please be advised should the current disruption cause a delay in the start of the championship season, future salary deductions will be made based on the days of the championship season missed and not the actual payment schedule in your contract. Therefore, it may be necessary to withhold payment of salary after the resumption of play so that the club has fully received any overpayment which resulted due to your payment schedule.”

The fact that most of the major league players with guaranteed contracts won’t be paid is no secret, considering that 199 players with guaranteed contracts have lockout language in their contracts which relieves the club’s obligation for payment.

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But yet, according to sources in the Major League Players Assn. and the Player Relations Committee, 31 players have clauses in their contract that provide for payment in the event of a lockout and 16 players have no lockout language at all. Hurst and Show each have defensive language that provides for payment and Clark and Gwynn have no language in their contracts that would preclude payment.

So why the notices to the four players?

“There’s all kinds of different language in contracts,” said Louis Melendez, associate counsel of the Player Relations Committee, “but it’s the understanding that everyone under a standard uniform players’ contract will not be paid (during a lockout).

“I’m sure many of these cases will be litigated and challenged, but if there are games missed, the appropriate deductions will be made.”

Bill Beck, the Padre assistant to vice president/baseball operations who sent out the notifications, said: “This is a mandate from the PRC. Hopefully, this will become a moot point, anyway.”

Still, even if a labor agreement preserving the 162-game season is reached today between the players and owners, Clark said that the memories of this lockout will not fade.

Clark, who joined the Padres in October, 1988, became the first big-name free agent to break the collusion barrier in 1988 when he left the St. Louis Cardinals and signed with the New York Yankees. He signed a three-year, $6-million contract with the Yankees that contained no lockout language. When he was traded, the Padres picked up his contract.

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“I had to scratch and claw for what I got,” Clark said, “and now they’re trying to tell me it’s no good. I had to go to nuclear war to get a contract like that, and they’re trying to take it away. This is a lot of crap and I’m getting tired of it.

“I’m directly involved in all three collusion cases. I haven’t had my day in court yet, but I will. I’m ready to open up all the smut in court. I’m still gathering evidence.

“I don’t know what the hell these owners are thinking of. The owners don’t give a damn about anything except for their greed. It’s getting real old, I’m telling you.”

The Players Assn. has been informed of the notices mailed to the Padres and other teams, and said that it will wait until any pay deductions materialize before a grievance is filed. Once a grievance has been filed, the major league club has 10 days to cover the lost wages, according to an official with the Players Assn. If the player is not compensated, the spokesman said, the player may file for free agency.

“It’s going to open a whole new can of worms,” said the official, who spoke only on the condition of anonymity.

The four Padre players who received the notices are among the eight highest-paid players on the team and have guaranteed contracts that are scheduled to pay them $5.3 million--about one-third of the club’s 1990 player payroll.

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The Padres, according to sources in the Players Assn. and the PRC, are scheduled to pay nearly $17.5 million in salaries and signing bonuses to major league players on their 24-man roster this season. The average salary will be $728,000.

There are a franchise-record seven players who will make at least $1 million this season, led by outfielder Joe Carter who already received a $2 million signing bonus and has a $1.2 million contract. Other signing bonuses in the 1990 fiscal year are $500,000 to free-agent reliever Craig Lefferts and $150,000 to free-agent outfielder Fred Lynn.

While Clark, Hurst, Gwynn and Show are the only players on the Padres with favorable or no lockout language in their contracts, a shortened season is expected to have even a more severe effect on players with incentive-laden contracts.

Lynn has the most playing incentives of anyone on the Padres and would nearly double his base salary of $500,000 if he achieves the incentives and bonuses. His contract requires that he be paid $3,000 for every game he plays past his 80th, and $5,000 a game for every game beginning with his 100th.

“It’s definitely not going to be fair if games are canceled,” Lynn said. “I’m going to look into pro-rating the incentives with the schedule. I think that’s only fair, but I’m certain they’ll have a different point of view.”

Third baseman Mike Pagliarulo also has provisions that would pay him an extra $95,000 to his base $575,000 contract if he should play a full season and make 625 plate-appearances. And shortstop Garry Templeton would add $40,000 to his base $500,000 contract if he plays in 140 games.

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Show, who structured his contract so that he would receive $400,000 less this season than in 1989 because of a possible strike, could be adversely affected even a year from now by a shortened season.

Show’s contract stipulates that his 1991 season would become vested if he pitches 175 innings in either 1989 or 1990. Since he underwent back surgery and missed half of the 1989 season, he would have to meet the requirement this year or wait for the Padres’ decision. If the option is picked up, Show is eligible to file for an arbitration award of $1.1 million to $1.7 million.

“Honesty has certainly shown it doesn’t always work, does it?” said Nick Lampros, Hurst’s agent. “You’ve got to wonder how serious the owners are about settling this.”

INSIDE: NEGOTIATIONS: Baseball’s owners and players were locked in a collective bargaining session in New York at 1:30 EST this morning. C3

WHAT THEY COULD LOSE FOR EACH GAME MISSED

**Shawn Abner: $648.15.

Roberto Alomar: $2,407.41

Andy Benes: $802.47

Joe Carter: $7,407.41

*Jack Clark: None

**Jerald Clark: $617.28

Pat Clements: $1,512.35

**Joey Cora: $617.28

Mark Grant: $2,469.14

*Tony Gwynn: None

Greg Harris: $1,080.25

*Bruce Hurst: None

Darrin Jackson: $895.06

Craig Lefferts: $6,172.84

Fred Lynn: $3,086.42

Mike Pagliarulo: $3,549.38

Mark Parent: $1,172.84

Dennis Rasmussen: $4,953.70

Bip Roberts: $1,203.70

Benito Santiago: $7,716.05

Calvin Schiraldi: $3,703.70

*Eric Show: None

Garry Templeton: $3,086.42

Ed Whitson: $6,327.16

*--As interpreted by the players’ association.

**--Based on predicted minimum salary of $100,000 and player making major league roster.

1990 PADRE PLAYER PAYROLL Player: Shawn Abner 1990 salary/bonuses/other considerations: Salary--Major league minimum, plus $5,000. Player: Roberto Alomar 1990 salary/bonuses/other considerations: Salary--$390,000; All-Star--$10,000. Player: Andy Benes 1990 salary/bonuses/other considerations: Salary--$130,000. Player: Joe Carter 1990 salary/bonuses/other considerations: $1.2 million; Signing bonus--$2 million; All-Star--$25,000; 1990 salary/bonuses/other considerations: MVP--$100,000, $75,000 second, $50,000 third-fifth; World Series MVP--$100,000; NLCS MVP--$50,000; Gold Glove--$50,000; Silver Slugger--$25,000. Player: Jack Clark 1990 salary/bonuses/other considerations: Salary--$2 million; MVP--$100,000; World Series MVP--$50,000; If traded--$250,000. Player: Jerald Clark: 1990 salary/bonuses/other considerations: Salary--Major league minimum. Player: Pat Clements 1990 salary/bonuses/other considerations: Salary--$245,000. Player: Joey Cora 1990 salary/bonuses/other considerations: Salary--Major league minimum. Player: Mark Grant 1990 salary/bonuses/other considerations: Salary--$400,000. Player: Tony Gwynn 1990 salary/bonuses/other considerations: Salary--$1 million; All-Star--$25,000; MVP--$100,000, $50,000 for second through fifth; World Series MVP--$100,000; NLCS MVP--$100,000. Player: Greg Harris 1990 salary/bonuses/other considerations: Salary--$175,000. Player: Bruce Hurst 1990 salary/bonuses/other considerations: Salary--$1.5 million; All-Star--$25,000; Cy Young--$100,000; MVP--$100,000; World Series MVP--$75,000; NLCS MVP--$50,000. Cannot be traded. Player: Darrin Jackson 1990 salary/bonuses/other considerations: Salary--$145,000. Player: Craig Lefferts 1990 salary/bonuses/other considerations: Salary--$1 million; Signing bonus--$500,000; All-Star--$25,000; Cy Young--$75,000, $25,000 second or third; MVP--$50,000; Rolaids Relief--$75,000, $25,000 second or third; World Series MVP--$50,000; NLCS MVP--$50,000; Traded before end of 1990 season--$75,000; before end of 1991 season--$50,000; before end of 1992 season--$25,000. Player: Fred Lynn 1990 salary/bonuses/other considerations: Salary--$500,000; Signing bonus--$150,000; All-Star--$25,000; MVP--$100,000, $75,000 for second, $50,000 third-fifth; World Series MVP--$100,000; NLCS MVP--$50,000; Gold Glove--$50,000; Silver Slugger--$50,000; Games played, 81-99--$3,000 each; 100-162--$5,000 each. Player: Mike Pagliarulo 1990 salary/bonuses/other considerations: Salary--$575,000. All-Star--$10,000; Comeback player of the year--$10,000; 325 plate appearances--$5,000; 375 plate appearances--$10,000; 425 plate appearances--$15,000; 475 plate appearances--$25,000; 525 plate appearances--$20,000; 575 plate appearances--$20,000. Player: Mark Parent 1990 salary/bonuses/other considerations: Salary--$190,000. Player: Dennis Rasmussen 1990 salary/bonuses/other considerations: Salary--$802,500. Player: Bip Roberts 1990 salary/bonuses/other considerations: Salary--$195,000. Player: Benito Santiago 1990 salary/bonuses/other considerations: Salary--$1.25 million. Player: Calvin Schiraldi 1990 salary/bonuses/other considerations: Salary--$600,000. Player: Eric Show 1990 salary/bonuses/other considerations: Salary--$800,000, $200,000 deferred, earning interest. All-Star--$25,000; Cy Young--$75,000, $25,000 second or third; World Series MVP--$50,000; NLCS MVP--$50,000; If traded--$50,000. Player: Garry Templeton 1990 salary/bonuses/other considerations: Salary--$500,000. All-Star--$25,000; MVP--$100,000, $50,000 second-fifth; World Series MVP--$50,000; NLCS MVP--$50,000; 100 games played--$25,000; 120 games played--$25,000; 130 games played--$25,000; 140 games played--$25,000. Player: Ed Whitson 1990 salary/bonuses/other considerations: Salary--$1.025 million. All-Star--$25,000; Cy Young--$50,000, $35,000 second, $25,000 third. Information obtained through agents, Major League Players Assn. and Player Relations Committee.

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