Arbitrator Likely to Decide Winfield’s Status : Trade: Port hints of restructuring deal for Yankee outfielder, who goes back to New York to ponder his future.

Instead of the “cab to limbo” he had jokingly requested, Dave Winfield took a plane to New York Saturday.

There he will wait, as indications grow stronger that an arbitrator will decide whether Winfield’s status as a “10-and-five” player--10 years of major league service, five of them with the same team--empowers him to veto the New York Yankees’ attempt to trade him to the Angels Friday for pitcher Mike Witt.

It remains unclear whether the Angels would be entitled to other compensation from the Yankees should the arbitrator rule that Winfield can reject the trade. Angel General Manager Mike Port said Saturday that Witt is gone, but a decision upholding Winfield’s position could result in restructuring of the deal. “That may be, although it’s not required,” Port said.

Winfield’s agent, Jeff Klein, said Saturday that the issue “in my mind . . . is headed to an arbitrator’s decision on the ‘10-and-five’ right,” adding that he expected to discuss the issues at length today with Winfield.

Klein also said that had the Yankees given advance notice to Winfield, whom they claim they were able to trade because the Angels were among the seven teams he had listed as acceptable trade destinations, the 38-year-old outfielder might have acquiesced without a fuss.

“It certainly would have been a more constructive environment,” Klein said. “As I suggested to a couple of the Yankee lawyers who called me just before it was announced, it would have made more sense for me to talk to Dave first, or for Dave to talk to Mike Port first. That’s not the way they chose to handle it.”

Don Fehr, executive director of the Major League Baseball Players’ Assn., said Saturday that “preliminary discussions” have been held with the Player Relations Committee to schedule a hearing next week. Fehr said Friday that Winfield’s “10-and-five” right would supersede contractual clauses approving a trade, but Chuck O’Connell, chief negotiator for the PRC, said Winfield’s trade-acceptance clause is binding.

“I’d expect him to say that,” Klein said from his home in the suburban Westchester, N.Y.

Klein denied that money was Winfield’s motive for not reporting. Winfield’s 10-year, $20-million contract expires after this season, and he can become a free agent.

“It’s not something that’s been discussed with the Angels,” Klein said of a contract extension. “I called Mike Port (Friday) night as a courtesy to explain Dave’s feelings about the Angels. It would be incorrect to say that Dave is driven by a desire for contract readjustment. It’s certainly something that Dave and I will talk about, but Dave wants to do what’s best for himself, and that rests on a number of factors.”

Port said that he would be willing to consider a new contract for Winfield “as a polite and courteous thing” should the matter arise. He would not estimate how long a deal Winfield might want, but said it would probably be for more than one year.

“David feels he has something to prove,” Port said, referring to Winfield’s return from back surgery that sidelined him last season. “I’ve seen him say he is of the opinion he can play four or five more years. I’ve seen him and I know his capabilities.”

Winfield’s failure to report did not take Port completely by surprise. However, Port is optimistic that Winfield will soon be wearing an Angel uniform.

“We would not have proceeded if we didn’t think we were on the ‘60’ side of a 60-40 proposition,” Port said. “If this is decided (by an arbitrator), in a sense, it’s decided between the Yankees and David. He says he’s in limbo, but he’s ours. He’s on the 40-man roster, (although) he doesn’t count against the active roster until he actually reports. . . .

“We’re not confrontational with David in any sense. This is where he’s wanted and appreciated, but I do not disrespect David for wanting to clear things up to his satisfaction.”

Port also said he doesn’t regret making the trade because “you’ve got to take some risks.” He appears sure to take another trade risk soon, given that Winfield’s arrival would give the Angels six outfielders. That could change his reputation as a reluctant trader. “I don’t know if that would enhance it or ruin it,” he said.