Baseball Still In Unsettled State Enough Progress Has Been Made In Talks To Put Replacements In Doubt

The baseball strike moved a bit closer to a settlement Thursday night.

But it was still uncertain whether the season would start this weekend with replacement players - or if at all.

“We believe, perhaps at long last, we are moving forward,” union head Donald Fehr said after presenting a new offer to management. “Issues are coming to closure. We are isolating areas of difference, or should be.”

Fehr spoke on the eve of a federal court hearing that could end the nearly eightmonth walkout and stop strikebreakers from taking the field Sunday night when the New York Mets play at the Florida Marlins.

Earlier in the day, owners formally approved using replacement players in a 26-2 vote, with only Baltimore and Toronto opposed. New York Yankees owner George Steinbrenner voted against replacements in an initial roll call, then changed to vote for them at the end of the conference call.

But with the court hearing and more bargaining ahead, teams weren’t sure if replacement ball would start as scheduled.

“Right now, it’s 50-50,” Boston Red Sox chief executive officer John Harrington said.

Asked how long the uncertainty could go on, Harrington replied: “How ‘bout 8:03 p.m. (Sunday). First pitch.”

Acting commissioner Bud Selig did not appear quite as optimistic as Fehr and immediately returned home to Milwaukee.

“These things are not answered easily,” he said. “I told Don I would respond to him probably sometime tomorrow.”

While the negotiators were meeting, Selig faxed Fehr an unusual letter. The union sent him a letter Thursday saying players would end the strike if U.S. District Judge Sonia Sotomayor issues an injunction restoring free-agent bidding and salary arbitration.

Selig said the teams “accept the union’s unconditional offer to return to work,” but then said the clubs didn’t intend to restore free-agent bidding or salary arbitration.”

The union’s new proposal called for a 25 percent luxury tax on the portions of payrolls above $50 million, 123 percent of the 1994 average, down from $54 million and 133 percent in their previous plan on March 4.

Management is asking for a 50 percent luxury tax on the portions of payrolls more than $44 million, which was 108 percent of the average last year.

The owners’ plan would have caused 11 teams to pay last year, with Detroit paying the most at $6.4 million. The union’s plan would have caused six to pay in 1994 - up from one in the March 4 plan. Detroit would have paid $1.7 million.

While the owners’ plan would have raised $33 million in taxes last year, the union’s would have raised $4.7 million.

Owners, who would commit about $22 million in bonuses to the replacements if the season starts Sunday, said Thursday all games with replacements will count in the standings.

With the Orioles still refusing to field replacements, the American League directed the Chicago White Sox and Texas not to travel to Baltimore next week for their scheduled games at Camden Yards and told the replacement umpires - the regulars are locked out - not to show up.

A.L. president Gene Budig said he will hold a news conference Sunday to announce his decision on the fate of the team and of Cal Ripken’s consecutive games streak.

Owners have agreed to keep basically unchanged the current system of free agency and salary arbitration from the expired collective bargaining agreement The sides remain apart on the teams’ demand for a luxury tax to slow salary growth.

On the 231st day of the strike, Sotomayor told the sides she was inclined to hear only oral arguments - not witnesses - during today’s hearing at the U.S. Court House.

The National Labor Relations Board has asked Sotomayor to issue a preliminary injunction to restore free-agent bidding and salary arbitration, which were unilaterally eliminated by the owners Feb. 6.

Teams say they have a right to eliminate both provisions to preserve their positions in collective bargaining, but NLRB general counsel Fred Feinstein disagreed and issued an unfair labor practice charge against them on March 15. Feinstein was given permission by the NLRB board last Sunday to seek the injunction.

The union’s executive board voted Wednesday to end the strike if Sotomayor issues the injunction. Owners could lock players out, but it appears the pro-lockout faction will be unable to get the necessary 21 votes from the 28 clubs.

President Clinton, speaking in Tampa, Fla., said he hoped owners wouldn’t start a lockout.

“The judge is going to hand down a ruling apparently pretty soon,” Clinton said. “And I would just say, if the injunction stays and the players again state their willingness to go back to work, then I hope they won’t be locked out.”