WITH the recent episode surrounding Ravindra Jadeja’s IPL positioning, three things have come to the fore. First and foremost, the IPL is a nascent league. Secondly, that the balance of power is firmly on the side of the League, and not at all on the side of the players. Lastly, this episode has brought to light the need for some degree of player representation that will eventually lead to interactions between players, the league, and the franchises resulting in sophisticated negotiations and processes similar to other international leagues.
That the IPL is a nascent league is apparent as it creates processes and tackles unique problems of first impression. Fortunately in a way, many of the regulations and interpretations of rules have been dealt with on a case by case basis, setting the base for precedential decision-making. As the league grows, and as its processes become more sophisticated and in fact complicated, so shall the rules and regulations governing it become more complicated. In many ways the IPL is a compact league, and with roughly 400-odd players competing over a six-week window under the aegis of the powers that be, there is likely to be minimal rebel behavior, at least in the formative years. However, over time, and in fact ahead of time, there will be the need to set into motion a proper formula, procedure and sustainable methodology governing players’ rights from a trade, or more importantly, ‘free-agent’ perspective. In a sophisticated league, which by year four the IPL will become, there is limited scope for adding talent-laden rosters to a team merely from drafts.
Truth be told, the NFL, NBA, MLB, and other North American leagues merely add fresh talent from colleges or high schools from a long term contributory perspective, and many of the draftees in fact turn out to be busts. For immediate contributions to any roster, what is one of the most pivotal and highly regulated processes, teams turn to free-agent signing. There are levels of free-agency: restricted, and unrestricted. Put simply, in restricted free-agency, a player is usually free to negotiate with other teams apart from the one to which he belongs, subject to the proviso that his own team has the Right of First Refusal or matching rights to keep the player on board. Unrestricted free agency, in simple terms, occurs when a player is free to negotiate and sign with any team where he feels he is getting the best deal. The third aspect where a player is contracted to play for a team, yet feels he deserves higher remuneration, is known as salary arbitration and is probably a contractual feature that Jadeja could have mobilized if such an option existed within the IPL framework for player contracts.
As things stand, there is presently very little activity in the IPL with respect to trades and agency, but that is to be expected since most of the players were locked in for the first three years. What will be interesting to note is the methodology employed by the League to deal with agency and trades as a flurry of activity presumably ensues after year three. Also interesting would be the methodology to be employed for ensuring that the two new franchises have a fair shake at adding a balanced roster despite there being limited talent available in the next draft. Chances are that there will be an equitable balancing of talent while keeping the backbone of the League’s regulations intact.
What Jadeja’s case pinpoints in addition to the grey area surrounding agency, is of course the one-sided domination by the League with little opportunity for recourse for its players, but also the need for an eventual Players Association to evolve. At present there is little representation for the players, and while critics may claim that the players have a sweet deal in the IPL, the fact remains that for dispute resolution or any sort of unified negotiations with the League, a group of Players Representatives is required. In international leagues this is a vital aspect of any leagues’ functioning, dealing with issues ranging from suspensions, labor negotiations/lockouts, agency, and drug-testing, to collective bargaining. For the successful and sustainable functioning of the IPL, it too will need a Players’ body which is well-represented by a cross-section of key personnel and other appointees along with a diverse representative pool of players both international as well as domestic. This is not something that will emerge overnight, but will be a work in progress. More importantly however, it will need teeth, which is why baby steps are fine as long as the momentum takes it forward.
Jadeja’s case is unfortunate, as it seems to have transpired more along the lines of uncertainty as to the actual stipulated procedure rather than due to any blackmail or intentional malice on his part. Unfortunately for him, he is likely to be made an example of or how the IPL does not want its contracted (or recently contracted) players to behave. It is also likely that this episode will hasten the formulation of regulations and conduct governing agency and salary arbitration, which is timely for the league. One tailspin at a time.
The author is a Sports Attorney with J. Sagar Associates.
(The views expressed here are those of the Author and SportzPower need not necessarily subscribe to them).
