Some advice, perhaps?

[Patrick Szalapski]

I need some advice from the masses. First, here's some background. I am an umpire of amateur baseball in my fourth year. Since I'm a full-time student, I have never worked any high school games. I have been limited to summer youth leagues, mostly with 13-15 YOs. There seems to be enough time for some HS this spring, finally, so I contacted an association with whom I had worked before and they would love to give me some games, with the promise that "We'll get you up to Varsity as soon as possible."

Then I got their paperwork in the mail. Among the stipulations in the contract are:

• Pay
  
  • JV: $29 to start on up to $37 for 40+ games experience.
    
  • Varsity: $36 to start on up to $44 for 40+ games experience.
    
  • No difference in pay for games worked alone.
    
  • Pay is not dispersed until after the end of the season.
    
• Availability must be determined by 3 Mar for April-July
  
• $10 fine for cancelling an assignment or availability 5 or more business days in advance.
  
• $25 fine for cancelling an assignment or availability 1-4 business days in advance.
  
• $50 fine for cancelling an assignment same-day
  
• $75 no-show fine
  
• $200 termination fee if fired or quit before end of season
  
• $25 fine for other misc. violations
  
• (and I quote) "NO EXCEPTIONS TO THIS POLICY WILL BE ALLOWED."

Of course, there are many good things about the contract: they expect us to display professional conduct, wear proper uniform, keep track of our games, attend two meetings, call the client on game day, etc...

Are these conditions normal? I can see myself needing to cancel an assignment perhaps once during the season due to unforseen circumstances; perhaps I will need to adjust my availability a couple weeks in advance.

This association has near a monopoly; 80% of high schools in the Metro area use them.

Any advice? I know it's "my decision", but I'm just not sure. What would you do in my situation, and why?

P-Sz

[Mike M]

Wow, I am bit stunned in reading the assessment penalties. I consider myself fortunate now when I read your potential situation. If I were you I would talk to other umpires already in the association to find out where all of this extra money is going to. Is all of accumulated fine money and penalty dollars distributed to the members on a prorata basis at the end of the season? Perhaps the umpires can give you some insights as to why the fees exist and their justification. If not, I would think twice before signing up with the association , especially if there is a high probability of your schedule changing.

FYI, our contract:

Dues: $50
JV $38 two man $48 one man (no experience escalator)
Varsity $48 two man
Pay dispersed at end of the season
Missed Game (No Show) $45.00
Late to game $10 (goes to other umpire)
Cancel game after accepting game $5(within 48 hrs of game time) (goes to accepting umpire)
Miss assocation meeting $10 (Absence can be excused)
Two more assocation meetings

Last year there were no assessment fees at all.

[PeteBooth]

Patrick with FEES such as yours, you are lucky if you break even counting mileage to and from games, purchase of the shirts with your state emblem, etc.

Here's the FEE structure in my association:

1. Modified (mostly 7th / 8th graders) - $54.00
2. Freshman (9th Graders) and JV - $60.00
3. Varsity - $78.00

In addition, the following apply:

4. Work the game alone - FEE plus 1/2

5. Games starts 1/2 hour after scheduled time - an add'l 1/2 FEE is added. Ex; assume game is scheduled for 4 PM and the actual start time is 4:30 PM - you are entitled to FEE plus 1/2 regardless as to who's fault (either HT or VT) it is.

6. If you start game and it suddenly downpours and game is rescheduled, you still get full FEE for the day.

7. You as an official HAVE to be notified 2 hours prior to start time if a game is cancelled (remember there is travel time involved), otherwise you receive FULL FEE. Ex, Last year I called school 1 hour prior to game time - AD told me Game was still on. When I got to the site the game was cancelled. You fill out the HT book stating that you showed up and then call the assignors office.

COMMENT ABOUT FINES:
Now as common courtesy, you try and give the assignor ample time if you cannot attend a scheduled game, but there is no FINE associated with an official cancelling a game. Obviously, if you make a habit out of cancelling at the last minute, you will not remain in good standing and your assignments will no doubt decrease.

We have Fines for the following:

1. Failure to comply with the Mandatory 6 meeting criteria
2. Failure to hand in Tests on Time. We have 2 tests each year - Part 1 and Part 2 and there are scheduled dates as to when they are due. If you send in late - $10.00 fine

In addition we have a nice dinner (cost to officals is only $5.00) at the end of year. Open Bar/ choice of 1 of 3 entrees (last year it was either Chicken Marsala, Prime Rib or a Fish Dish) / Coffee / Tea and Dessert. Not bad for $5.00

Conclusion: Look for another association. If they are the only game in town , then perhaps you have no choice especially if the summer / fall leagues contract with this association. In my area, the HS assignor does not schedule umpires for Legion / Hudson Valley Youth Leagues / etc. That function is performed by someone else.

Good Luck!

Pete Booth

[Tim C]

Anything that you sign in a contract CAN BE legal, however, the items you have listed are a direct violation of contract law.

It is assumed that you are a sub-contractor to this group. Now that could be a bad assumption on my part (Bad Andy) but normally officiating associations do not withhold, not only taxes but also, social security and other state mandated fees. Because you are a sub-contractor there can be NO FINE system.

Contract law (and the Federal IRS rules) dictate that ONLY a direct employer can institute work rules that include negative payment plans.

Now don't get me wrong . . . even with the fact that these penalties are the STIFFEST I have ever heard of and are contract illegal, they can become acceptable IF you sign the agreement (i.e. that means that you are giving up your rights).

In our local there are no fees for canceling jobs . . . if you miss an assignment you are normally suspended. Fees are fees all over and that is hard to judge.

It is a crap shoot . . . you sign up and work, get the games and hope you don't fall to the penalty group.

Pretty ballsy group.

Tee

BTW, it is against the law to fine someone for firing them. Under all laws.

[Patrick Szalapski]

Originally posted by Tim C
Anything that you sign in a contract CAN BE legal, however, the items you have listed are a direct violation of contract law.

It is assumed that you are a sub-contractor to this group. Now that could be a bad assumption on my part (Bad Andy) but normally officiating associations do not withhold, not only taxes but also, social security and other state mandated fees. Because you are a sub-contractor there can be NO FINE system.
==================



Contract law (and the Federal IRS rules) dictate that ONLY a direct employer can institute work rules that include negative payment plans.

Now don't get me wrong . . . even with the fact that these penalties are the STIFFEST I have ever heard of and are contract illegal, they can become acceptable IF you sign the agreement (i.e. that means that you are giving up your rights).

In our local there are no fees for canceling jobs . . . if you miss an assignment you are normally suspended. Fees are fees all over and that is hard to judge.

It is a crap shoot . . . you sign up and work, get the games and hope you don't fall to the penalty group.

Pretty ballsy group.

Tee

BTW, it is against the law to fine someone for firing them. Under all laws.

They make it clear that I am an independent contractor, and they are not paying me. My clients are the schools, and they only provide assignment serivce, bill the schools, and then pay me from the money they get from the schools.

And they can fine me $200 for being fired, if I agree to it, right?

P-Sz

[Bfair]

Patrick, what's that old saying-----

something like "possession is 90% of the law".
Let's face it, if they owe you money, fine you, and decide to keep their imposed fine, where are you going to go to get your money? What efforts will be worth your while? That likely applies whether you agree to their contract or not. As long as they got your money, they got control---right???? At least as far as the minimal earnings we umpires can accumulate.

However, they are likely legit if they have managed to gain control as sole source of the local Fed contracts for games. Check around with other umps or assignors locally. Find out what your state organization is. Perhaps the only reason they have all the Fed games is because they are the only ones pursuing them. Maybe many in their organization need an alternative.

Just my opinion,

Steve
Member
EWS

[Patrick Szalapski]

Originally posted by Dave Hensley

If I have misunderstood your statements I apologize, but I thought it significant enougth to jump in with the observation that, while certainly onerous, the contract Patrick is contemplating is not, as I understand the relevant law, illegal. [/B]

Thanks for the legal advice, guys, but I'm really looking for more practical advice. Should I join this association with these terms? I want to umpire high school, but I feel like I'm being stepped on here with low pay and high penalties for likely events. Fines like Mike stated seem to be much more sensical. I'm a person and I have a life outside of baseball; I cannot make umpiring my number one priority insofar as being rigidly committed to my availability written three months ahead of time. I would gladly accept and excel at any reasonable expectation of the type that most of you have now. Any more advice?

P-Sz

[JJ]

Patrick,
OUCH! They must have a stable full of very dependable officials - I'd have a hard time working and not thinking of "What happens if my car breaks down on the way to a game - how much is the fine for that?" In my neck of the woods it costs $25 to join the local association, you have to attend regularly scheduled meetings in your sport (about 3 a year), take the state certification in rules and attend a state-mandated clinic once every 3 years. The scheduler for the association doles out as many games as are given to him by schools that he can fill. Inevitably he turns games back to the schools because he can't fill them all, and the schools get on the phone. They're happy to have the scheduler fills many as he can because it saves them work, but we just don't have enough officials. If you're new to the area or newly registered, and schools find out, your phone rings.

[chris s]

Originally posted by Patrick Szalapski

Thanks for the legal advice, guys, but I'm really looking for more practical advice. Should I join this association with these terms? I want to umpire high school, but I feel like I'm being stepped on here with low pay and high penalties for likely events. Fines like Mike stated seem to be much more sensical. I'm a person and I have a life outside of baseball; I cannot make umpiring my number one priority insofar as being rigidly committed to my availability written three months ahead of time. I would gladly accept and excel at any reasonable expectation of the type that most of you have now. Any more advice?

P-Sz [/B]

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!
Patrick, unless you are really hot after this deal, tell them to pound sand. They must have a ton of available umps to impose those types of penaltys. I am on the local area emergency list(our assc. covers well over 100 miles each way) I have gotten calls an hour before a game I can get to in 15 minutes, assignor will pay more, but it does not come out of cancelling umpires money! Last season, I was out of work for a month(reg job). I called assignor and told him to fill me up, he did. I then secured new reg job which did not allow me to get off in time for FED ball, I cancelled about 8 games AND my playoff games, no penalty, just a bummed out assignor. If these guys can't understand conflicts and surprise crap(kid gets sick, you get sick, etc)screw em. Plus the pay you mentioned just plain sucks.
How long before you get 40 games in? I have never done 40 games in FED ball in a season, aint possible.10 week season, 2 games a week= 20. Might happen this year as we have a shortage of umps, so FED ball will be played 5 days a week here, instead of the usual wed/fri.
JMHO....chris

[oregonblue]

Of course we all realize that none of the posters to this thread, at least so far, is an attorney; therefore, none of this "advice" should be construed as "legal advice". I have worked for a couple of lawyers, and have been attorney-in- fact for a lot of years as well.

Three points:

1. Most of what decides what is good or bad in contracts depends a great deal upon your locale and the existing regulatory, statutory, and case law for your state.

2. I have always been told that one cannot abrogate any Constitutional, civil, or statutory rights by contract.

3. If I were in your shoes, I'd definitely follow the money.
That list of fines, penalties, and assessments appears to be crap, IMHO. I am a real stickler about the rules (read Constitution and by-laws) of any organization of which I am a member. See if you can get a copy. Are treasurer's reports routinely disclosed? Things such as that can speak volumes about the group.

I'm glad things are simpler here.

Pat, Rogue Valley

[Tim C]

Attorneys, we're smarter than that.

[JJ]

We're not attorneys - we're umpires. Attorneys wouldn't stand out in 95 degree heat for four hours for $45. Good thing it's only a game!

[bob jenkins]

Originally posted by Patrick Szalapski

Thanks for the legal advice, guys, but I'm really looking for more practical advice. Should I join this association with these terms?

See if you can get either a "week-to-week" schedule, or at least be available for fill-ins.

Every group needs someone to fill in for cancellations, and you won't have to worry (as much) about what your schedule will look like three months down the road.

[Matt]

Hey Pat! What's up? Haven't talked in a while...

Anyway, what association is it? I know that with the one I'm in, it's a total season schedule, worked as much as possible around your conflicts. If you want, I could get you in touch with them.

Matt

[Ump20]

Originally posted by Patrick Szalapski

Thanks for the legal advice, guys, but I'm really looking for more practical advice. Should I join this association with these terms? I want to umpire high school, but I feel like I'm being stepped on here with low pay and high penalties for likely events. Fines like Mike stated seem to be much more sensical. I'm a person and I have a life outside of baseball; I cannot make umpiring my number one priority insofar as being rigidly committed to my availability written three months ahead of time. I would gladly accept and excel at any reasonable expectation of the type that most of you have now. Any more advice?

P-Sz [/B]

I think one of the questions you need to ask yourself Patrick is "What is my overall umpiring goal?" Do you want better quality ball or is it more about how much extra money you can make during the season? Are you looking for challenges to your skill level? I think you indicated that this group assigns some 80% of games in the area. Does this apply to summer ball as well? If so, it sounds like you either join them or move to Long Island, New York where Varsity pays $90 per game. You get a fee plus a half if you would ever work alone. If you fail to attend the minimum number of meetings points are deducted from your rating. {One might derive from this that attending meetings makes you a better umpire but most meetings are simply BS sessions and more could be accomplished with a newsletter.}

I suggest you also check into baseball umpiring clinics that may be scheduled in or near where you live. You will learn skills to immediately improve as an umpire, meet new faces in umpiring and increase your informal network. You can also consider posting your hometown here and on other Boards requesting "leads". Maybe that other 20% does the kind of ball you want at somewhat higher fees and you just need the right introduction. Jim/NYC