Performance enhancement: what the Israel Baseball League can learn from the agreement between Major League Baseball and Japan.

• Author: Recht, Jennifer M.

1. INTRODUCTION

   The success of Japan's Nippon Professional Baseball League (NPB), the excitement surrounding the World Baseball Classic, and the popularity of the Little League World Series are only a few indications that America's pastime is becoming an international pastime. (1) The globalization of baseball has introduced the sport in some seemingly unlikely countries, including Italy, South Africa, and Israel. (2) In 2007, the Israel Baseball League (IBL) began its inaugural season. (3) Although the first season had several growing pains and the second season was almost cancelled, the IBL shows promise to develop into a high quality league, similar to Japan's professional baseball league. (4) Early indications that Major League Baseball (MLB) may eventually pay close attention to the IBL include the signing of eight players from the IBL's first season to minor league contracts. (5)

   This Note examines whether the MLB and IBL are likely to reach an agreement similar to that reached by the MLB and NPB for the exchange of players. (6) Part II provides a historical background of the IBL, NPB, and MLB. (7) Part III describes labor laws in Israel, Japan, and the United States. (8) Part IV describes the agreement reached between the NPB and MLB. (9) Part V will examine whether the IBL and MLB are likely to come up with a similar agreement. (10) Finally, Part VI concludes that any agreement between the MLB and IBL will likely be modeled after the NPB/MLB agreement. (11)

2. HISTORICAL BACKGROUND: AN OVERVIEW OF THE IBL, MLB AND NPB

   1. Baseball in Israel and the IBL

      Sports were not always welcomed in Israel because early Jews associated sports with cruelty and violence. (12) Today, however, sports are considered to be a big business and a large part of Israeli culture. (13) Despite the popularity of sports in Israel, only two professional sporting leagues existed in Israel until the IBL was established and there is a "limited tradition of sporting success." (14)

      Larry Baras, a Boston businessman, was inspired to start the IBL after attending a minor league game in Brockton, Massachusetts. (15) He established a league consisting of six teams with players from all over the world. (16) The talent in the league varied widely, with some commenting that none of the players could even reach semipro in the United States while others described the level of play as "sometimes approach[ing] major league standards." (17) Baras expressed hope that the league rosters would eventually have more Israelis on them when he stated:

      [a]s Israel grows more accustomed to the sport, we expect to see a greater percentage of Israeli athletes on the rosters. For now, we want to field strong, competitive teams that will attract international notice, and position the nation to be a participant in the World Baseball Classic one day. (18) Although there is a history of baseball in Israel dating back to 1927, baseball is not a popular sport in Israeli culture, making Israel an unlikely place to establish a professional league. (19) Baseball's lack of popularity was an initial problem that Baras addressed. (20) This lack of interest is partly because of baseball's slow pace and intricate rules. (21) To facilitate a faster paced game, IBL games are only seven innings, and instead of extra innings, ties are decided by a home run derby. (22)

      Another reason baseball is not a popular sport in Israel is that only a small number of Israelis play the game. (23) Currently, only about 2,000 people play baseball in Israel. (24) Even Israelis who want to play the game rarely have a chance because of inadequate playing fields, equipment, and facilities. (25) As a result, the IBL and the Jewish National Fund are partnering to "dot Israel's landscape with community baseball fields and provide a place for every Israeli to enjoy the sport." (26)

      The first season of the IBL was a success but it was not without problems and challenges. (27) Throughout the first season there were several safety concerns. (28) For example, one field sloped upward, had a light pole in the middle of the outfield, and had no warning track. (29) Still another field, which was not completed until two weeks into the season, had glass and rusty metal scattered throughout the field. (30) Additionally, teams often lacked proper equipment, such as batting cages. (31) One player suffered a near fatal, season ending injury when he was struck in the head by a ball during batting practice. (32)

      In addition to field and equipment problems, the IBL faced financial problems. (33) Early in the season players threatened to strike after their paychecks were smaller than expected. (34) Furthermore, IBL players began to push for a players' union because of frequently late paychecks and worries about the league's financial condition. (35) Finally, after running out of balls midway through the season, the league ordered players that they could no longer hand out balls to fans because of the expense. (36)

   2. Major League Baseball

      Baseball is America's pastime. (37) The MLB, the U.S.' professional baseball league, was established in 1903, although organized baseball dates back to 1842. (38) Economist Michael Haupert explains "baseball players began their labor history as amateurs whose skills quickly became highly demanded." (39) Run by a commissioner charged with governing the game, the MLB consists of two leagues, the American League, which has fourteen teams, and the National League, which has sixteen teams. (40)

      The diversity of MLB players reflects the globalization of baseball. (41) In 2000, twenty-six percent of all MLB players were foreign-born. (42) Furthermore, in the 2007 World Series between the Boston Red Sox and Colorado Rockies, sixteen of the players on the teams' combined rosters were born outside the United States. (43)

      MLB teams have recruited global talent in several ways. (44) Many teams have assigned scouts to foreign countries. (45) Seeing the success of their foreign scouts, many teams have also established baseball academies in various countries where young local residents could play and MLB teams could scout. (46) For example, the New York Yankees run a teenage baseball academy in the Dominican Republic, giving them an advantage in signing young talented players from the academy. (47) Additionally, a global draft has been proposed to centralize the international recruiting process. (48)

      While many player transactions occur within the league, there are several MLB clubs that maintain informal relations with Japanese teams. (49) For example, the Boston Red Sox have a working relationship with Japan's Pacific League Chiba Lotte Marines, while the New York Yankees have an alliance with the Yomiuri Giants. (50) The Red Sox's recent alliance with the Marines will allow the teams to trade scouting reports, front office personnel, coaching staff, and possibly even allow players from the Red Sox's minor league teams to go to Japan. (51)

      The MLB is an oligopoly of professional baseball teams and currently faces no competition from other leagues. (52) Before the MLB was established, however, there were rival leagues that competed for players. (53) Even after the establishment of the MLB in 1903, there were instances of competition. (54) In 1912, the Federal League was established and successfully raided players from MLB rosters by not recognizing the MLB's reserve clause. (55) In 1946, the Mexican League was established and the MLB saw players renegotiate with their current teams or jump to Mexico for better contracts. (56)

   3. Japanese Baseball

      Baseball is a very important part of Japanese society. (57) The Japanese professional baseball league, NPB, has twelve teams; each owned by an industrial corporation. (58) Similar to how MLB teams acquire players, players in the NPB are drafted from high school, college, and amateur leagues. (59) Unlike the frequent movement of MLB players from team to team, however, Japanese players have little opportunity to change teams unless traded. (60) To become a free agent in Japan, a player must play nine seasons, and remain on the active roster for at least 150 days for each of those nine seasons. (61) In addition to stringent free agency requirements, there are other disadvantages for a player declaring free agency. (62) For example, players who declare free agency are limited to the salary they were making the year before they declared, and they can receive no more than fifty percent of their last signing bonus. (63) Additionally, teams are not always willing to negotiate with free agents. (64)

      Japanese baseball players organized a players' union, Japan Professional Baseball Players Association (JPBPA), in response to strong team ownership that suppresses the interest of the individual players. (65) The JPBPA is weak in comparison to its U.S. counterpart. (66) This is partially because Japanese players recognize the importance of "wa," or social harmony, a doctrine that requires the interest of the team to be put ahead of the individual players' interest. (67) Nevertheless, the JPBPA is still a fundamental part of Japanese baseball. (68) The union not only helped secure the free agency system for the players, but it is also acknowledged the problems that the current agreement between the MLB and NPB poses for Japanese players. (69) The union, however, did not strike for the first time until 2004 and because Japanese players have been modest in their use of bargaining power, they have been slower to acquire higher salaries. (70)

      Many have questioned the future of Japanese baseball because Japanese players want to play in the MLB, and several high profile names in Japanese baseball recently signed to MLB teams. (71) Many have expressed concern that the movement of Japanese players to the United States is causing the NPB to become a "feeder league" to the MLB, similar to minor league teams in the United States. (72) Others have argued that the export...