Fehr Recommends End of Strike if Antitrust Exemption Is Repealed

Appearing before a Congressional hearing in Washington, Donald Fehr, executive director of the players union, pledged again Thursday that he would recommend that baseball players end their strike if Congress repeals or limits the owners’ exemption from federal antitrust laws.

In that case, the union would be able to challenge the owners’ unilateral implementation of a salary-cap system through the courts as a violation of the antitrust laws.

Rep. Jack Brooks (D-Tex.) concluded the hearing of the economic and commercial law subcommittee of the House Judiciary Committee, of which he is chairman, by saying he would support repeal.

“As a result of the sorry spectacle the nation was forced to endure for the last few months, and my very grave concerns for the future of the institution, I have come to the conclusion that legislation is now needed to restore the principles of competition and fair play to the business of baseball,” he said.

Fehr, who was accompanied by Dodger pitcher Orel Hershiser, who addressed the committee on behalf of his striking colleagues, called the proclamation by Brooks a victory for the players.

“When the chairman of the House Judiciary Committee indicates action should take place, that is of no small significance,” Fehr said.

Asked whether it would have any impact upon negotiations with the owners, Fehr said, “To the extent the owners believe their antitrust exemption is in danger, perhaps.”

In a separate action, the union filed grievances and default notices on behalf of 18 players who were recalled from the minors either shortly before the strike began on Aug. 12 or during it, resulting in termination of pay. The respective clubs have 10 days to cure the defaults by paying the players or risk having arbitrator George Nicolau declare them free agents.