Judge’s NBA Antitrust Ruling Could Affect Baseball

Antitrust laws cannot be used to stop the NBA or other employers from imposing work rules while a collective bargaining relationship exists, a federal appellate court in New York ruled Tuesday.

The 2nd U.S. Circuit Court of Appeals provided legal precedent for the NBA that is certain to be used by major league baseball owners, who last month imposed a salary cap in the absence of a new labor agreement.

Baseball players want Congress to lift the owners’ antitrust exemption, but Tuesday’s decision, written by Judge Ralph Winter, could force the union to decertify if players want to mount an antitrust challenge.

In its unanimous ruling, the appeals court said the NBA’s salary cap, college draft and right of first refusal do not violate antitrust laws and if struck down would leave the teams “in an impossible position.”

Acting baseball Commissioner Bud Selig reacted to the decision in the NBA suit by saying he was hopeful the baseball players’ union would now abandon its attempt to have Congress repeal baseball’s antitrust exemption “and return to the bargaining table so that we can . . . end this (labor) dispute.”

Selig said the court’s decision validates the owners’ position that the antitrust exemption is “irrelevant to the current dispute.”

He also cited the conclusion of the court’s decision, which said that antitrust laws do not prevent employers from implementing their proposals in the absence of a bargaining agreement.

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The Angels signed pitcher Rob Andrakin of the Sioux City Explorers, who had a 1.12 earned-run average last season, and outfielder Chris Powell of the Sioux Falls Canaries, who had a .357 batting average. They are expected to be replacement players. . . . The United States may pull its baseball team out of the Pan American Games because of unacceptable playing conditions in Argentina. . . . The meeting of baseball’s expansion committee, scheduled for next Wednesday in Chicago, has been postponed a day. . . . Pitcher Orel Hershiser, who was not offered a contract by the Dodgers, had an informal meeting with Cleveland Indian General Manager John Hart, who also has an interest in restricted free agent Kevin Appier of Kansas City.

Names in the News

Kendall Madison, a safety on the Connecticut football team, died nine days after having been stabbed during a nightclub fight. He was 21. . . . Everett Ratleff, a reserve sophomore guard at Long Beach State, will be sidelined at least five basketball games after suffering a sprained right ankle in practice. . . . Chris Evert was inducted into the International Tennis Hall of Fame.

Dave Campo was hired as defensive coordinator for the Dallas Cowboys, replacing Butch Davis, who left to become head coach at Miami. . . . Les Steckel, a former coach of the Minnesota Vikings who spent the last two seasons coaching tight ends for the Denver Broncos, was hired to coach the Houston Oilers’ wide receivers. . . . After 15 years as an assistant, Mike Faragalli was hired as coach of the Toronto Argonauts of the Canadian Football League. . . . Carlos Sainz of Spain held on to the lead after the second day of the Monte Carlo auto rally.