Major League Baseball and its Players Association have reached two unprecedented accords on concussion protocols and pension revisions for a limited group of its retired players.

While the NFL and its players are embroiled in a legal battle in federal court and the NBA and its players appear headed in the same direction, the working relationship between MLB owners and players is providing a model for labor relations in professional sports and cause for optimism among its fans for continued labor peace.

On March 29th, the parties announced the adoption of new protocols regarding concussions. A committee of experts selected by MLB and the players formulated a comprehensive policy governing the methods for diagnosing concussions and determining when players and umpires can return to the field.

 The key components of the policy are:

  1. The creation of mandatory baseline neuropsychological testing requirements for all players and umpires;
  2. The establishment of mandatory protocols for evaluating players and umpires for possible concussions;
  3. The creation of a new seven (7) day disabled list for concussions; and,
  4. The creation of formal protocols for players and umpires before they can return to the field.

In addition, MLB and the Players Association plan to announce formally on April 21st  that they have reached agreement on a substantial revision in the pension benefits for certain older, retired players. The revised benefits will assist players who accumulated less than four (4) years of major league service during their major league careers and who retired before 1980. This group of retirees has maintained for some time that they should receive increased pension benefits from the financial gains made by the players who they preceded in major league baseball. The current maximum pension for players who fully vest with ten (10) years of major league service is $195,000, starting at age 62.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.