Assessing What We Know About the New CBA

After nearly a year’s worth of negotiation sessions, and with little more than three hours remaining before the deadline, Major League Baseball’s owners and players came to terms on a new collective bargaining agreement Wednesday evening. Not only does this agreement avert a possible work stoppage, but it also means that teams will head into next week’s Winter Meetings with a better sense of the economic ground rules under which they’ll be operating in the coming seasons.

It will be at least a few weeks, if not a couple months, before the final written version of the new CBA is released publicly. Indeed, while the owners and players reached a consensus on the core components of the deal last night, many of those verbal agreements must still be reduced to writing, a process that will take some time.

Still, many of the core components of the deal have already been reported in the press. Here’s what we know so far about the new CBA:

Duration of the New CBA

To begin, the new agreement will last for five years, covering the 2017-2021 seasons. This means that by the time the next CBA expires, MLB will have enjoyed an unprecedented 26 years of uninterrupted labor peace. Considering the state of the sport’s labor relations following the 1994-95 players’ strike, that is quite an impressive accomplishment for the game.

Luxury Tax

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The new CBA’s modifications to the luxury-tax system may represent the most significant victory for the owners in the new agreement. As Ken Rosenthal reported last night, the luxury-tax threshold will rise from the existing $189 million to $195 million in 2017. From there, the threshold will go up to $197 million, $206 million, $209 million, and $210 million, respectively, over the final four years of the CBA.

In addition, the penalties that clubs will pay for exceeding the luxury-tax threshold will also be adjusted in the new agreement. While teams modestly eclipsing the threshold will reportedly continue to incur penalties roughly approximate to those under the previous agreement — with fines ranging from 17.5% to 50.0% depending on how many years in a row the club has exceeded the threshold — any franchise that exceeds the limit by $20 million or more will now be subjected to an additional, supplemental tax of an extra 12%. Meanwhile, those franchises exceeding the limit by $40 million or more will potentially be subject to an even larger surcharge, resulting in a total tax of upwards of 90%.

While the modest increases to the luxury-tax threshold will provide some incremental benefit to the players, it’s hard to see these changes as anything but a win for the owners. As I discussed last year, the luxury tax is a major factor in the precipitous decline of the players’ share of total league revenues over the last 10-15 years. In particular, whereas the luxury-tax threshold was originally set at a level approximating roughly 90% of the average MLB team’s share of overall league revenues back in 2003, in recent years it has dropped to a level representing less than 65% of the average team’s revenue share.

As a result, the luxury tax now operates in many respects as a de facto salary cap for most teams, even those in the largest markets that have traditionally been the primary drivers of payroll growth in the sport.

Based on the terms of the deal reported last night, the new CBA will do little to reverse these trends. Although the luxury-tax threshold will increase by a modest $6 million in 2017 under the new agreement, that new limit will represent only approximately 58% percent of the average team’s share of MLB’s $10 billion in estimated annual revenue. Thus, it appears that the new CBA will continue to exacerbate what was already a worrisome trend for the players, and can be expected to continue to significantly restrict the spending of the sport’s largest market teams.

Free-Agent Compensation

The players did secure a modest victory by persuading the owners to agree to a substantial modification of the qualifying-offer system for free agents beginning in the 2017-18 offseason. (The existing system will remain in place for the current offseason.) Specifically, beginning next winter, if a team extends to a player a qualifying offer, only to see him sign with another club, then the former team will receive a compensatory draft pick only if the player then signs a contract valued at $50 million or more. The specific pick received by the former team will reportedly depend on the size of the market in which it plays.

Meanwhile, also beginning next year, any team signing a free agent who received a qualifying offer will no longer be at risk of losing their first-round draft pick. Instead, under the terms of the new deal, teams whose payrolls are in excess of the luxury-tax threshold will be required to forfeit a second- and fifth-round draft pick, along with $1 million of their international-signing-bonus allotment (as discussed further below); teams under the luxury-tax threshold will be docked a third-round pick.

The rest of the qualifying offer system will reportedly remain unchanged, with Ken Rosenthal reporting that players must still remain on their former team’s roster for the entire season in order for the club to receive a compensatory draft pick. Similarly, the dollar value for the qualifying offer will continue to be determined based on the average of the salaries of the game’s top 125 players.

Players potentially stand to benefit from these changes in two ways, with the new system both reducing the benefit of extending a qualifying offer for a player’s former team, while also reducing the penalty a team will face for signing such a player.

First, by limiting the circumstances under which a team will receive draft-pick compensation for losing a free agent — awarding extra picks only to teams who lose a free agent receiving a $50-plus million contract — the new CBA should reduce the number of qualifying offers extended during a given offseason. That having been said, the number of players who will benefit from this change is likely to be rather small. In most cases, if a player is worth a one-year, $17.2 million contract offer, he can probably be expected to receive three times that rate over the course of a multi-year deal on the open market. Still, under this new system, a few borderline qualifying-offer recipients like Brett Anderson or Colby Rasmus may have avoided being saddled with the weight of draft-pick compensation when going on the market.

That having been said, the more significant benefit to players under the new system will likely come from the decreased penalties teams will face for signing free agents who received qualifying offers. The difference between giving up a first-round pick and a third-round pick (for teams not over the luxury-tax threshold) could prove quite significant in many cases, increasing both the number of teams interested in signing a particular player, as well as the size of their salary offers.

Still, these changes represent a rather modest victory for the players. Ultimately, the number of free agents who were significantly affected by the prior qualifying-offer system was quite small, representing only a tiny fraction of the union’s overall membership. So while a few players will likely stand to make several million dollars more from these changes, they are unlikely to provide considerable value to most union members.

International Draft

Although the creation of an international draft had been expected to be one of the major sticking points of the CBA negotiations, the owners reportedly moved away from that demand earlier in the week after receiving considerable pushback from the union. Instead, the new CBA will reportedly focus on tweaking the existing international signing rules by creating firmer spending limits that teams will no longer be able to exceed. In particular, Jayson Stark has reported that, under the new agreement, each team will receive a bonus pool of around $5 million to spend on amateur international talent.

From a bargaining perspective, this seems like a reasonable compromise on the issue. The players can hang their hat on the fact that they were able to avoid subjecting amateur international players to a draft; from the league’s perspective, meanwhile, the owners will have attained some additional level of cost certainty with respect to amateur talent acquisition. That having been said, whether these new changes are ultimately sufficient to fix what most observers agreed had become broken system will likely depend on how the new spending limits are implemented, and how strictly they are enforced.

Roster Size

Although it looked earlier this week as if the new CBA would expand the size of each team’s active roster from 25 to 26 players, with some corresponding reductions to the size of the 40-man active rosters in September, the final agreement will reportedly maintain the pre-existing roster limits. As a result, those who were hoping that the new agreement would bring an end to the spectacle of expanded September rosters — resulting in as many as 58 players appearing in a single game — are likely to be disappointed.

Regular-Season Schedule

Finally, although there had been some speculation that the players would push to reduce the regular-season schedule from 162 to 154 games, there was no such change made in the new CBA. That having been said, the two sides did agree to bump the start of the regular season up by a few days beginning in 2018. By extending the regular season across 187 days, instead of the existing 183, the league will create additional off days, enabling players to receive a few extra days of rest throughout the season. This isn’t an insignificant benefit for the union.

Meanwhile, although there had also been some speculation that the new deal would include some provisions ensuring that teams will play earlier in the day before heading out on a cross-country flight, it’s not yet clear to what extent those terms worked their way into the new CBA.

Overall

There is obviously a lot that we still don’t know about the new agreement — including any potential increases to the minimum salary, for instance. But given what has been reported this far, the new CBA appears to largely preserve the status quo in the game. And that makes sense, given that both players and owners had generally been doing well under the existing system.

That having been said, if one were forced to pick a winner based on what we know so far, it would probably have to be the owners. While both sides can point to important concessions they were able to secure from the other side, it certainly appears that the owners have come out of the negotiations in a more favorable position from a financial perspective.

Although they were unable to secure an international draft, the agreement the owners reached on that point will nevertheless apparently provide the cost certainty they’d been hoping to achieve. Additionally, the luxury-tax changes also appear to be a big win for the owners. Meanwhile, although the players certainly made some gains (modification of the qualifying offer system, changes to the playing schedule), it’s not clear that these achievements will result in meaningful financial gains for most players.





Nathaniel Grow is an Associate Professor of Business Law and Ethics and the Yormark Family Director of the Sports Industry Workshop at Indiana University's Kelley School of Business. He is the author of Baseball on Trial: The Origin of Baseball's Antitrust Exemption, as well as a number of sports-related law review articles. You can follow him on Twitter @NathanielGrow. The views expressed are solely those of the author and do not express the views or opinions of Indiana University.

37 Comments
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williamnyy
9 years ago

An important distinction to make is the added tax penalties are surtaxes (as reported), so it’s inaccurate to say a “total tax of upwards of 90%”. For a team to be assessed a total tax at that rate or higher, they would need to approach a $350mn payroll for three straight years.

Mike Green
9 years ago

A very fine first take, Nathaniel. Thanks. I’m looking forward to more when the written agreement is released.

MichaelMember since 2025
9 years ago

There’s also a report that as per the new CBA, the All-Star game will no longer determine home field advantage in the World Series.

Winners: Common sense, sanity.
Losers: Bug Selig, I guess?

HappyFunBallMember since 2019
9 years ago
Reply to  Michael

+1,000,000

MikeSMember since 2020
9 years ago
Reply to  Michael

Also Losers: Anybody who thought “This time it counts!” was clever and effective.

Mike DMember since 2016
9 years ago
Reply to  Michael

Also, home field advantage does not alternate AL/NL like pre-2003. It goes to the team with the better regular season record.

AP
9 years ago
Reply to  Mike D

The team with the better record is better than the ASG result, but I would prefer home field advantage be awarded to the league with the better interleague record. You cannot really compare records when they play different teams.

John Autin
9 years ago
Reply to  AP

The AL has the interleague edge for 13 years running, by an average of +25 wins per year. Are you thinking this will change, or do you just like the AL having home edge? 🙂

redsoxu571
9 years ago
Reply to  John Autin

Of course, by that token I’m also not a fan of the top NL team annually having a leg up on gaining WS home-field advantage because of a slightly easier road to victories.

AP
9 years ago
Reply to  John Autin

You got me — my team is in the AL although a WS berth is rare. Looking back at the W-L records of WS teams, the AL would have had home field more often than the NL so the effect may be small. It will mostly prevent wild card teams from having home field over a division winner, which is good. The only downside is the one redsox points out — good teams in weak divisions may have an advantage over teams in competitive divisions.

John
9 years ago
Reply to  AP

+1. This is the good take. It’s really the only thing that makes sense to me. Besides if the goal of letting the ASG decide home field was to give some meaning to a game that’s otherwise an exhibition and a snoozefest, the model you suggest gives meaning to a lot more games that otherwise are exhibition snoozefests.

John Autin
9 years ago
Reply to  Mike D

Anyone know what will happen if WS teams have the SAME record, as in 2013 and a few other years?

JoserMember since 2021
9 years ago
Reply to  John Autin

It’s a good question, and will probably be addressed in the rules when they are actually written. My guess would be they’d compare interleague records, and then have a further tie-breaker if those are the same (home records? coin flip? who knows)

Also: this was the only bullet point in the new CBA that made me exclaim “yee-frickin-ha!” out loud.

Barnard
9 years ago
Reply to  John Autin

Maybe they would go off of playoff record, or whichever team clinched the playoff berth first?

fredsbankMember since 2020
9 years ago
Reply to  John Autin

The World Series will be cancelled. Crazy stuff, gotta read the fine print these days.

EddyMember since 2024
9 years ago

Does this mean we will see a bit more competition for international players since all team have the same amount of money to spend?

And what happens when a big-time international FA is asking for multiple years? A team signs him for 5/$30 and then they sit out, right? Do we know if they carry any penalties into the next year when they want to sign someone else?

jtmorgan
9 years ago
Reply to  Eddy

You can’t give them MLB deals if they have to sign through the IFA system. They can only get a signing bonus. The question is the 25 age and 6 years of service only for Cuba or does it affect guys like Otani who would need 3 more years to be 25 and be able to sign a MLB contract for big money.

EddyMember since 2024
9 years ago
Reply to  jtmorgan

You’re completely right, forgot about that distinction.

RainmakerMember since 2016
9 years ago

I think your categorization of the Luxury Tax as a Salary Cap is a bit dubious, as is the assertion that the Luxury Tax is an explanatory factor of why players are getting a smaller chunk of league revenues.

The Luxury Tax may be functioning to set an upper limit for teams spending, but its not a functional salary cap (in the context of its application in the NFL, NBA caps) affecting competitive spending — as is, only two teams are impacted by the threshold, the median payroll is 60% of the threshold, and a handful of teams are spending less than half of the threshold.

williamnyy
9 years ago
Reply to  Rainmaker

Exactly. The Yankees and Dodgers may be impeded, but with the possible exception of the Red Sox, it’s unlikely any other team would seriously threaten the threshold over the next five years. And, if other teams are being capped, that will mean they are spending SUBSTANTIALLY more than they do now, so the players’ share of revenue would increase disproportionately.

Also, by eliminating the supplemental revenue sharing plan based on performance factors, the Yankees and Dodgers will pay less into the system. So, if they really want to spend, they can use that savings to offset some of the increase luxury tax penalties.

This CBA wasn’t a big win for owners. Both sides make out very well. The only losers are international amateurs.

Dave TMember since 2025
9 years ago
Reply to  williamnyy

Pretty sure it’s a few more teams than that: also Cubs, Giants, Angels, plus maybe one or two of the Rangers, Nationals, Orioles, and Cardinals if they decide to get aggressive with payroll. Tigers are up there now, but it sounds like they are going to cut payroll to be more in-line with revenue.

Don’t just look at current payroll, but add 5% or so annual revenue increases/salary inflation every year. Also take into account that, IIRC, the team salary totals that we commonly see increase about $10 million for luxury tax purposes because each team’s share of player benefits (such as pensions and health care) is included in the luxury tax calculation.

Also, the QO signing penalty now changes if a team is over the luxury tax limit, so that’s an incentive to stay below. In the current system, the cash penalties for going a little bit over aren’t much, so there’s minimal difference between being $1 million over the luxury tax limit vs. $1 million below it. That will now change.

williamnyy
9 years ago
Reply to  Dave T

All of those teams you mentioned would need to increase salary significantly to approach the $195mn limit, much less the $210mn threshold in 2021. If these teams are deterred by the new system, it will mean the players are already getting a bigger piece of the pie. There is an over $1.4 billion gap between official 2015 AAVs (which include benefits) and the 2017 luxury tax limit. If the MLBPA had a wish, it would be that every team’s spending is curtailed by the new thresholds because the vast majority of the league don’t even come close.

williamnyy
9 years ago
Reply to  Dave T

The stats I cited above can be viewed in a chart here: http://tinyurl.com/hdjqujb

Cavarretta
9 years ago

Seems like the Union’s major victory (avoiding the International Draft) was more of maintaining the status quo. I’d say the owners were the big winners here.

willl
9 years ago
Reply to  Cavarretta

It’s barely a “victory” because it has the effect of undercutting amateur players’ wages yet again. About 30% of all MLB players are foreign-born, and therefore most entered the system through IFAs. This new ‘hard’ cap on amateur international free agents will limit foreign spending to $150m per year ($5m*30 teams). Last year, teams spent over $300m on IFAs. The owners just cut the earning power of IFAs in half. This will make a substantial minority of MLB players, particularly the poorest/least educated and those who would benefit the most from the outrageous wealth generated by MLB, much worse off.

It’s a shame that MLBPA have forgotten how lucky they are to have arrived where they are, and end up only looking out for themselves and not those they stepped on to get where they are.

John Autin
9 years ago
Reply to  willl

Yeah, this part of the deal seems pretty evil. I might even connect it with a certain mood in our national politics, but perhaps no one wants to “go there” yet.

ja21
9 years ago

Don’t forget about the new 10-day DL

Arjon
9 years ago

Neither side lost. The pie grew enough since the last CBA so that the whole negotiation was about how much each side would win rather than a win-loss situation.

bder19
9 years ago

I don’t remember where I read this, so can anyone confirm: if a QO-declining player signs a contract worth less than $50M, his former team still gets draft-pick compensation. The pick is just later than what the team would get had he signed a contract geq $50M+

Dave TMember since 2025
9 years ago
Reply to  bder19

Yes, that’s what this AP story says -http://bigstory.ap.org/article/41de5400e505440cba0478fbac8a6ee4/mlb-players-owners-meet-ahead-labor-deals-expiration

“Under the new rules, a player can receive a qualifying offer only once in his career and will have 10 days to consider it instead of seven. A club signing a player who declined a qualifying offer would lose its third-highest amateur draft pick if it is a revenue-sharing receiver, its second- and fifth-highest picks (plus a loss of $1 million in its international draft pool) if it pays luxury tax for the just-ended season, and its second-highest pick (plus $500,000 in the international draft pool) if it is any other team.

A club losing a free agent who passed up a qualifying offer would receive an extra selection after the first round of the next draft if the player signed a contract for $50 million or more and after competitive balance round B [note: round B is after the 2nd round of the draft] if under $50 million. However, if that team pays luxury tax, the extra draft pick would drop to after the fourth round.”

So the QO system has become more complicated and looks to have shifted more toward the idea of “compensate lower revenue teams who lose their homegrown talent to bigger revenue teams in free agency.” Only can QO a player once in his career. Higher draft pick received for a better, more expensive player. Revenue sharing receivers face the lowest penalties for signing players with QO’s and luxury tax payers face the highest penalties.

Phillies' Front OfficeMember since 2022
9 years ago
Reply to  Dave T

That the QO can only happen once a career is huge.

Slacker GeorgeMember since 2016
9 years ago

Nathan, thanks for a timely post.

Question: Is any or all of MLBAM’s revenue included in MLB revenue figures? If not, do you see this alternative revenue source shifting the negotiating balance further to the owner’s side?

Mike NMN
9 years ago

I think it’s a significant win for the owners. The QO system was a red herring–the players allowed themselves to put too much emphasis on getting minor concessions in an area that impacts few people. The increase in luxury tax threshold doesn’t even keep up with inflation, and enhanced taxes and penalties act as a drag. And hard cap on international spending major victory. Players get very little–my guess is that agents will be happier as a class than the players they represent.

scooter262
9 years ago
Reply to  Mike NMN

I agree–owners seemed to get quite a bit. I would have hoped the players could have negotiated a shorter, 154-game, regular season schedule. Given how their portion of the pie seems to be getting smaller, the shorter schedule would have made the whole pie a bit smaller (arguably), but not their portion, while helping a lot with their quality of life during the season.

bunslow
9 years ago

You’ve forgotten to mention that QOs can only be extended once in a player’s career, which I think is a pretty big win for the players. For instance, Fowler would have been ineligible for a QO this year after receiving one last year. In effect, it only limits QOs to players who have served the full term of their rookie contract — many players who were already on a FA contract will no longer be repeatedly eligible, increasing the value of being a free agent.

Phillies' Front OfficeMember since 2022
9 years ago

Not a fan. Four extra days of rest and a somewhat more limited QO system, in exchange for a luxury tax cap that hasn’t moved relative to salary inflation in years.

Paul22
9 years ago

Worst CBA ever agreed to by the MLBPA. They got nothing and gave up a lot. For several years now i have been warning Clark is not competent for the job and he has proven me right. Either that or he is compromised.

I cant believe players agreed to this. They are either selfish cowards or dumber than my dog. This agreement is so bad it would have been worth a work stoppage.

Except for roughly 10 players per year who refuse a QO and are not elite, nobody got nothing. An international draft would have been better than the hard cap so they get nothing there. Minimum increases well below payroll inflation/revenue growth. No increase in roster size. LT threshold increases well below revenue growth. LT becomes more of a hard cap. What a joke.

Hoping Tony Clark gets canned before the year is out.I am sure mlb will reward him for a jobwell done with a nice job done for them while getting paid by the players