Curt Flood

At the end of the 1969 season, the Phillies traded Dick Allen, Cookie Rojas and Jerry Johnston to the Cardinals for Tim McCarver, Byron Browne, Joe Horner and Curt Flood. Flood, a star with the Cardinals, was a twelve year MLB veteran, not counting two years in the beginning of his career up and down with the Reds. In late 1969, Flood wrote a letter to then Commissioner Bowie Kuhn stating his objection to the game´s reserve clause system, which bound a player to his team for perpetuity. Flood´s letter began this way:

After twelve years in the major leagues, I do not feel I am a piece of property to be bought and sold irrespective of my wishes.

Flood went on to state that he deserved the right to consider offers from other teams, in other words, to become a free agent. Not surprisingly, his request was turned down. Despite division among the players, the baseball player´s union headed by Marvin Miller, took on Flood´s case and along with Flood sued Kuhn and MLB.

Former US Supreme Court Justice Arthur Goldberg represented Flood arguing, ultimately before his former colleagues that the reserve clause unfairly restricted players´ rights to be compensated fairy through he governance of the free market, and violated the government´s anti-trust laws. MLB argued that the reserve clause was preserved “for the good of the game ” In a 5-3 decision, the Court ruled in MLB´s favor, based strictly on the results of previous court decisions; however the Court warned that baseball´s claims for exemption from federal anti-trust laws was tenuous at best.

Despite losing the battle, the player´s union would ultimately win the war. In 1970 the National Labor Relations Board decided that baseball came under its jurisdiction and three years later ruled in favor of two ballplayers, Andy Messersmith and Dave McNally who after sitting out one season, became eligible to re-negotiate new contracts as free agents.

This precedent began a new era in baseball and the other professional sports as well where players, after a certain amount of seniority would become eligible for free agency, thereby determining their own destinies. Needless to say it also set in motion the explosion of players´ salaries, but that´s a story for another day.

For his part, Curt Flood lost a lucrative contract and essentially his career. He came back to play for the Washington Senators in 1971 but fizzled and retired. Years later when asked about the wisdom of his actions, he said he understood the risks and did it for those who followed him.

Curt Flood died in 1997, aged 59.