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MAJOR LEAGUE UMP. v. AMER. LEAGUE, PROF. BASEBALL

No. 02-1103, 02-1124, 02-1276.

357 F.3d 272 (2004)

THE MAJOR LEAGUE UMPIRES ASSOCIATION v. THE AMERICAN LEAGUE OF PROFESSIONAL BASEBALL CLUBS; The National League of Professional Baseball Clubs; Office of the Commissioner of Baseball (D.C. No. 01-cv-02790) Office of the Commissioner of Baseball; American League of Professional Baseball Clubs; National League of Professional Baseball Clubs v. Major League Umpires Association; World Umpires Association (D.C. No. 01-cv-02816) The Major League Umpires Association, Appellant No. 02-1103 The Major League Umpires Association v. The American League of Professional Baseball Clubs; The National League of Professional Baseball Clubs; Office of the Commissioner of Baseball (D.C. No. 01-cv-02790) Office of the Commissioner of Baseball; American League of Professional Baseball Clubs; National League of Professional Baseball Clubs v. Major League Umpires Association; World Umpires Association (D.C. No. 01-cv-02816) Office of the Commissioner of Baseball; American League of Professional Baseball Clubs; National League of Professional Baseball Clubs Appellants No. 02-1124 The Major League Umpires Association Appellant No. 02-1276 v. The American League of Professional Baseball Clubs; The National League of Professional Baseball Clubs; Office of the Commissioner of Baseball.

United States Court of Appeals, Third Circuit.

February 17, 2004.

As Amended March 16, 2004.

Attorney(s) appearing for the Case

Patrick C. Campbell, Jr., (Argued), Phillips & Campbell, P.C., Lima, for Appellant/Cross Appellee.

Howard L. Ganz, Neil H. Abramson, (Argued), Daniel R. Halem, Proskauer Rose LLP, New York, Steven R. Wall, Michael S. Burkhardt, Megan E. Shafer, Morgan, Lewis & Bockius, LLP, Philadelphia, for Appellees/Cross-Appellants.

Before BECKER, Chief Judge, ROTH and SMITH, Circuit Judges.

BECKER, Circuit Judge, dissenting.

OPINION

ROTH, Circuit Judge.

This appeal involves a labor dispute between Major League Baseball and its umpires, the majority of whom resigned in protest over what they viewed as objectionable policies which the Commissioner of Baseball sought to implement during the 1999 season. Although all of the resigning umpires eventually attempted to rescind their letters of resignation, the events that followed left a substantial...

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