After five years of single-digit salary arbitration hearings, there's a lengthy lineup of potential cases that could require third-party assistance as the 33-year-old process heads towards the first day of hearings.
Between Thursday (Feb. 1) and Feb. 20, still-unsigned salary arbitration-eligible players (or their representatives) get to spend a few hours in a Phoenix hotel room explaining to a three-member panel of professional arbiters why the player deserves the salary figure submitted on his behalf, and then listen to club representatives counter with reasons why the organization's offer should be selected.
As of Tuesday night, 36 of the original 56 players that exchanged salary figures with their respective clubs on Jan. 12 were still negotiating. Although every player is considered "signed" for the 2007 season, none of them know exactly how much he'll make.
But win or lose, every player will receive a higher salary than last season and in many cases, much higher.
Several of the cases probably will be settled before the players' actual hearing date, but there could be at least 10 that reach the final-step hearing stage. That would be the most since 2001, when arbiters decided the outcome in 14 cases. Six went the distance last year, following an all-time low of three in 2005. There were seven cases heard in 2003 and '04, and five in '02.
The most cases heard in one year is 35, in 1986.
To help fans better understand the final step in the salary arbitration system, here are some questions and answers that might help.
Who are the arbiters and how are they selected?
They are selected jointly by the Major League Players Association and the Major League Labor Relations Department. All arbiters are members of the American Arbitration Association, comprised largely of lawyers and college law professors, and headquartered in New York. Arbiters come from all parts of the country and are involved in many kinds of labor disputes, other than baseball. Potential arbiters notify the MLBPA and MLB Labor Relations Department which days during the Feb. 1-20 hearing calendar they would be available.
When and why did the hearings change from a one-arbiter system to a three-person panel?
From 1974 through 1994, all arbitration cases were heard before one arbiter. Representatives from both sides lobbied for a change because of a belief that a three-person panel would be less likely to "balance the scale" and make bad decisions, which could enable them to retain their arbiter status the following year. There also was concern that one arbiter might not have enough knowledge of the sport. In one case, the arbiter did not know what a "split-finger fastball" was, and another time, the arbiter was clueless regarding the word "save."
As a result, two of the hearings in 1995 were held before a three-person panel on a trial basis. But it was back to the one-arbiter system the following year. A three-person panel became standard in 2000.
Are players required to attend their hearing?
No. The majority of those that don't attend stay away because they don't want to hear negative things said about them. Others prefer to attend just to see what a hearing is all about.
Do the players speak on their own behalf?
It depends on how his representative wants to put on the case. Some players personalize their case and make impassioned pleas during the hour-long presentation. Wally Joyner, for example, made an impassioned plea the second time he went to a salary arbitration hearing, explaining that he had been underpaid following his All-Star rookie season in 1986. The arbiter agreed and ruled in Joyner's favor. More recently, last year Devil Rays catcher Josh Paul spoke extensively and articulately during his hearing -- but lost his case.
In 1986, former Royals star pitcher Bret Saberhagen, coming off a World Series championship season, pontificated so well during his hearing that he not only won his case but the arbiter asked for, and received, an autograph from the player.
Can a teammate speak on behalf of the player?
Yes. In fact, one agent regularly uses that practice. One year, Montreal Expos backup catcher Bobby Ramos had two pitchers go to bat for him during a hearing and explain why they would rather have Ramos catch them than future Hall of Fame receiver Gary Carter. The club won.
Do the players know who their arbiters will be?
Yes. They learn the identity of the arbiters at the same time the hearing date and time are set, in this case on Feb. 19. The arbiters, however, are not supposed to know the players' identity prior to the hearing, although many get that information via newspaper or Internet reports.
How long does a hearing usually take?
Each side has one hour to make its presentation. The player always goes first and the club second. After a recess, each side receives up to one-half hour for a rebuttal, with the player again going first. In some cases, the player (or his representative) is allowed to speak again following the club's rebuttal. Morning cases begin at 9:30 and afternoon sessions begin at 2 p.m. Most cases take between four and five hours to complete.
Can a settlement be worked out during the hearing?
Yes, although that is rare.
How long do the arbiters have to reach and announce their decision?
The decision usually is announced within 24 hours, but it depends on the arbiters workload. A panel that hears two cases in one day, for example, might take up to 48 hours to make their decision.
Can either side appeal the arbiters' decision?
No. The decision is binding. Also, the arbiters must choose one of the two salary figures submitted.
Where do the hearings take place?
In the early years of salary arbitration, cases were heard in Los Angeles, Chicago and New York, whichever site was most convenient for the players and clubs. But for the past 10 years, all hearings have been held in either Florida or Arizona because players are either in the process of reporting to Spring Training or are already there. Last year, cases were heard in St. Petersburg, Fla. All hearings this year will occur in a conference or meeting room at a Phoenix hotel.