A purported union whistleblower late last month filed a charge against the Major League Players Association (MLBPA) at the National Labor Relations Board (NLRB) alleging corruption, nepotism and mismanagement. The charge called out Tony Clark in particular, the union’s long time executive director.
A copy of the charge was anonymously provided to Awful Announcing, with the person describing the document as filed by “Current and former MLBPA staffers and members.” On the NLRB form where it asks for the name of the filing party, on the copy provided to Awful Announcing, that information is blacked out. Their email is identity is listed as “MLBPAwhistleblower.”
MLBPA endured a near mutiny from some players in the spring over the tenure of MLBPA number two Bruce Meyer. Harry Marino, the lawyer who organized minor league players, led the unsuccessful putsch to oust Meyer, targeted as the scapegoat for an underwhelming offseason of free agency spending. The MLBPA and MLB agreed to alter their CBA earlier this year to help teams losing money as the RSN industry experienced unprecedented challenges.
The NLRB charge does not address that issue, but instead paints the union as corrupt. The charge breaks down into five general categories: Self-dealing/conflict of interest; failure to file (Department of Labor documents); nepotism; misuse of union resources; and abuse of power and conflict of interest.
In a statement to Awful Announcing, the MLBPA said, “These baseless allegations, apparently reheated from earlier this year, are entirely without merit. We will respond if the NLRB accepts them for filing.”
Under misuse of funds, the charge alleges, “MLBPA spending on new offices in Arizona & Dominican Republic; sent large delegations to Australia and Las Vegas for non-baseball business. MLBPA also created opaque donor-advised fund and made a $1.5 million donation used to fund, in part Clark’s daughter’s org.”
Under abuse of power, the charge alleges, “MLBPA is cracking down on sports agencies it regulates. Yet MLBPA and Clark-owned OTP do this very thing, Tony and other MLBPA employees are personally profiting from the crackdown.”
OTP (OneTeam Partners) is an agency started by the NFLPA – now largely owned by private equity – that handles sports unions’ commercial and licensing programs. In 2023, OTP made a $23.6 million payment to MLBPA for licensing, according to the union’s annual report.
For nepotism, the charge alleges, “Clark’s daughter was employed by an MLBPA-controlled entity and later forced to resign. Clark also arranged for another daughter to be hired at another labor union using his influence, & Clark improperly hired a family member as an MLBPA real estate agent paid an unnecessary commission.”
On conflicts of interest, the charge reads, “Clark improperly gave himself & other executives equity In OTP. Inadequate disclosures involving OTP in MLBPA’s LM-2.”
An LM-2 is the annual report all unions must file publicly with the Labor Department, and includes staff compensation figures.
And on failure to file, the charge says, “Clark hasn’t filed LM-30 reports since 2008, despite receiving high value gifts like private flights & expensive alcohol recently.”
Labor Department regulations require gifts or payments above $250 to union officers to be listed on form LM-30. Clark was a player rep in 2008 before joining the MLBPA staff in 2010 and becoming executive director in 2013. He played 15 seasons in the majors from 1995-2009, most notably as an All-Star with the Detroit Tigers.
The anonymous whistleblower also sent to Awful Announcing an email from an NLRB field attorney in New York seeking to discuss the charge. The complaint was filed November 25 according to a confirmation email from the NLRB, a copy of which was given to Awful Announcing by the anonymous whistleblower.
MLBPA in its statement appeared to suggest that the NLRB might not accept the charge, which is not docketed on the agency website. A search on the NLRB case website turns up only one mention of MLBPA, a now closed 2022 case.
The NLRB website details it can take 7-14 weeks until a decision is made about the merits of the charge, so it’s possible a decision on the complaint moving forward with the NLRB is not likely anytime soon.
While the whistleblower may still be agitating against Clark, the players that did so this spring are no longer on a key union committee, suggesting the rank and file have moved on.
