WasWatching.com

SL:
I think what is missing here is whether or not this contract is completely governed by all the rules. It is not a regular free agency, it is a contractual free agency, and I'm not even sure what that is. If they have language that says that he becomes a free agent does it say a fully vested free agent? Why would the commissioner's office or the union allow that? I think there is more here than meets the eye. On the other hand, Jack Curry said tonight on Yankees Hot Stove that the negotiatioins are going apace in a civil manner and starting Saturday both sides will meet until they get it done.

Anything but following the rules on the procedures would be in violation of the CBA between MLB and the MLBPA.

A player with three years experience in the majors cannot be a FA, he has to go through waivers.

Unless I'm missing something here.

I am completely confused by the whole thing, and that is not always easy to do!

You are missing something.

A player with X amount of major league service time has the right to refuse a waiver claim. Doing so would make the player a free agent.

The question is how much is X.

I just put out a feeler in the Hardball Times internal email list to see if anyone either has that answer or knows where online I can find it.

Murray Chass gets into it a bit more, but I'm still confused.

http://www.nytimes.com/2005/11/10/sports/baseball/10chass.html

This other site (which details every players' contract) says that if there's no contract by 11/15 then NY must place him on waivers. If he clears waivers he becomes a free agent.

http://mlb4u.com/nyy.html (i sent an email to this guy to see if he has any insight)

Lee, I thought that major league tenure only dealt with refusing trades (10-and-5 men). I didn't think players could refuse waiver claims. If that was the case, how would teams teams be able to dump a player (like the Sox wanted to do with Manny a couple years ago)?

"Matsui was not drafted because he is a foreign player. The original contract he signed with the Yankees was a free agent contract. He signed a 3-year deal, and that contract is up. He was a free agent when he came into the league."
11/11 05:22:14

Found this in response to my post over on Yanksblog.com, from a fellow known only as Seamus. Seems this is what we are missing.

Yeah, but, if that were the case then every player signed out of the DR, and not through the draft, would be able to dodge waivers too, no?

I thought if he was put on waivers, the Yanks couldn't sign him until May?

I suppose he doesn't have a "standard" contract, that he has a few provisions written into it, which would make him different from other players signed out of foreign countries.

Yeah, but, if that were the case then every player signed out of the DR, and not through the draft, would be able to dodge waivers too, no?
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Isn't it a different type of contract? Not many players out of the DR (or wherever) assume a MLB roster spot right off the island.

I guess someone who has a better idea of contract law as it pertains to MLB can clear everything up?

From Mike of Baseball Insights
http://www.baseballinsights.blogspot.com/

via Baseball Musings
http://www.baseballmusings.com/cgi-bin/mt/mt-comments.cgi?entry_id=12292

Teams control the rights of their players for either thier first 7 years in the minors or their first 5 in the majors, whichever comes first. This applies to all players, regardless of age. Matsui is subject to the same rules as a 16 year old signed out of the Dominican.

Since Matsui just completed his third year, he would have to deny arbitration and clear waivers before being granted free agency. Any player not yet in the majors for 5 years (or 7 in the minors) would have to go through the same process.

Usually this is not a big deal, as young players generally opt for arbitration because they don't have much established in terms of major league earning power, but Matsui is different because he has loads of experience and is an established player.

Any team could claim Matsui on waivers, but he would not be under contract with them, they would just control his rights (much like how the D-Backs control the rights to Juston Upton even though he has not yet signed with them). Matsui could then force free agency by refusing to sign if he really wanted to.

I guess that's similar to what Irabu did with the Padres, when he forced them to trade his rights to the Yanks

Something like that.

But, in the end, I think this supports my point. If Godzilla does not sign with NY, it's not like he can start taking bids the next day. There's going to be some waiting and praying to get to that point.