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Dick Moss, lawyer behind free agency in baseball who revolutionized pro sports pay, dies at 93

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New York — Dick Moss, the lawyer who won the arbitration case that created free agency for baseball players and revolutionized pay for professional athletes, has died. He was 93.

Moss died Saturday at an assisted-living residence in Santa Monica, California, the Major League Baseball Players Association said Sunday. He had been in poor health for several years.

Hired by union executive director Marvin Miller as general counsel in 1967, Moss argued the 1975 case involving pitchers Andy Messersmith and Dave McNally that led to arbitrator Peter Seitz striking down the reserve clause. That provision for a unilateral one-year renewal had been included in every contract since 1878 and had enabled teams to control players by maintaining those agreements could be extended perpetually.

Baseball Sports Agent Dick Moss
Sports agent Dick Moss is seen at his home, Oct. 18, 1985, in the Pacific Palisades area of Los Angeles, California.

Bob Riha, Jr./Getty


Seitz decided on Dec. 23, 1975, the clause meant only a single one-year renewal. The decision impacted all sports across North America and led to collectively bargained free agency in baseball.

“A titan of the industry. He impacted the industry at that time like few others,” said David Cone, a pitcher who was a member of the union leadership and a Moss client. “A bit eccentric, but very fun loving, just a gregarious personality, great guy to be around. Life of the party, a great guy to have a drink with.”

At the time of Seitz’s decision, the average Major League Baseball salary was just under $45,000. It rose to $76,000 in 1977 and by 2023 was $4.5 million, a 1,000-fold increase.

MLB’s revenues increased at a less steep rate, from $163 million in 1975 to more than $11 billion in 2023, a 70-fold rise.

“The difference between winning and losing was billions and billions of dollars, maybe tens of billions of dollars,” Moss said at a 25th anniversary party he threw in December 2000.

Baseball players’ gains were followed closely by other sports, with unions gaining liberalized free agency rights in the NBA in 1976 and the NFL in 1993.

Richard Maurice Moss III was born in Pittsburgh on July 30, 1931. He received degrees from the University of Pittsburgh and Harvard Law School.

After two years in the Army, Moss worked for a Pittsburgh law firm, became a Pennsylvania assistant attorney general and in 1963 joined the United Steelworkers as an associate general counsel on a staff where Miller was assistant to union president David McDonald.

Miller was hired by the baseball union in 1966 and Moss joined him six months later. As Miller organized the players into a stubborn unit, Moss negotiated the first collective bargaining agreement in 1968, raising the minimum salary from $6,000 to $10,000. The 1970 agreement added grievance arbitration and the 1973 deal instituted salary arbitration.

“Marvin was really the perfect man for that time,” Moss told The Associated Press in 1991. “The players trusted him. He instilled confidence and respect in the players, and he was something of a father figure to them.”

Players showed their resolve during strikes in 1972 and ’73 and a lockout in 1976. A lawsuit by Curt Flood seeking to end baseball’s antitrust exemption lost at the U.S. Supreme Court in 1972.

The first big breakthrough came in December 1974, when Seitz ruled in an arbitration that Oakland had breached the contract of Catfish Hunter by failing to make a $50,000 payment into a long-term annuity fund and he declared Hunter a free agent. The New York Yankees signed him to a $3.2 million, five-year deal, a sign of what players could earn without restrictions.

“Dick managed to win that case establishing something novel for baseball, the first real free agent who didn’t get there by being released,” said Donald Fehr, who worked under Miller and Moss, then headed the players’ association from 1983 to 2009. “The magnitude of the restraint was demonstrated.”

When Messersmith and McNally played seasons without contracts, the union filed grievances and Moss argued the cases before Seitz on Nov. 21 and 24 and Dec. 1, 1975. Seitz issued his decision on Dec. 23, ruling “there is no contractual bond between these players and the Los Angeles and the Montreal clubs, respectively. Absent such a contract, their clubs had no right or power … to reserve their services for their exclusive use for any period beyond the ‘renewal year’ in the contracts which these players had heretofore signed.”

Seitz’s decision was upheld by U.S. District Judge John W. Oliver in Kansas City, Missouri, and the 8th U.S. Circuit Court of Appeals. where Moss conducted the oral argument on the union’s behalf. Free agency rules were agreed to in the labor contract of July 1976, and the first free-agent class to gain riches included future Hall of Famers Reggie Jackson and Rollie Fingers.

Miller educated players on how to achieve their goals and Moss developed the legal tactics.

“Working in tandem was exactly what built the solid foundation,” said former pitcher Steve Rogers, a Moss client and longtime union official. “None of what is happening today exists without the solid foundation.”

Moss quit the union in July 1977 to become an agent, and his clients included future Hall of Famers Nolan Ryan, Jack Morris and Gary Carter. He negotiated Ryan’s deal for the first $1 million annual salary in 1979 and argued the case that got Fernando Valenzuela the first $1 million salary in arbitration in 1982.

In 1987, he helped expose owners’ collusive activities by giving the Chicago Cubs a blank contract for Andre Dawson, which the team filled in with a $500,000 base salary plus bonus opportunities. Owners lost three grievances and settled the cases with the union in 1990 for $280 million.

In 1992, he helped argue the grievance that led arbitrator George Nicolau to overturn Steve Howe’s lifetime ban, the pitcher’s seventh suspension for substance abuse. In both 1989 and 1994, he worked to organize a new league without ever getting teams on a field.

He is survived by his third wife, Carol Freis, whom he married in 1980, and a daughter from his second marriage, to Rolinda, Nancy Moss Ephron. Another daughter from his second marriage, Betsy, predeceased him.



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Driving the energy transition across land, sea and air, Johnson Matthey – a global sustainable technology leader – contributes significantly to cleaner air, hydrogen fuel cells, sustainable fuels and platinum group metals recycling.

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Senate report details Secret Service failures in response to Trump assassination attempt in Butler

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An interim Senate report identifies planning, communications and security failures in the U.S. Secret Service’s advance and security efforts during former President Donald Trump’s July rally that “directly contributed” to the assassination attempt against him. 

The 94-page report, released Wednesday morning, cited nearly half a dozen problems, including lack of a chain of command, poor coordination with state and local law enforcement, inadequate resources and equipment and a failure to effectively secure the site and ensure the safety of the former president at the Butler, Pennsylvania, incident. 

The preliminary findings were part of a joint investigation with the Senate Homeland Security and Governmental Affairs Committee and the Permanent Subcommittee on Investigations. 

“Every single one of these actions is directly related to a failure in the U.S. Secret Service’s planning, communications, intelligence sharing and law enforcement coordination efforts,” Chairman Gary Peters told reporters Tuesday ahead of the report’s release. “Every single one of those failures was preventable, and the consequences of those failures were dire.” 

Gunman Thomas Crooks fired eight rounds with an AR-15 semiautomatic rifle from the roof of an adjacent building before he was killed by a countersniper, grazing Trump’s ear, killing one person at the rally and injuring three others in the July 13 shooting. 

The Senate report says several Secret Service officials had chronic problems with their radios. In one instance, a Secret Service countersniper was offered a local radio to help with communications through the day, but he didn’t have time to pick it up because he was working on “fixing” his own Secret Service radio.  Due to failures of radios on site in Butler, the special agent in charge gave away his radio to a lead advance agent and went without one for the rest of the day, according to the Senate report. 

A text message sent by a Secret Service employee to a supervisor an hour before the shooting warned, “I’m not getting good comms on either my phone or radio. I’ll try to stay on[.]”

At the same time, the Secret Service’s drone units had “technical problems” —  so much so, that at 4:33 p.m., the Secret Service employee operating the drone system had to call a toll-free helpline for support. The report notes the agent had only three months of experience working with that equipment and lacked knowledge about it.

The preliminary report also found that Secret Service personnel were notified about a suspicious person with a rangefinder 27 minutes before the shooting, but the lead service agent and other site officials told the panel they did not receive the information. 

Another alert about an individual on the roof of a building was sent by radio from a local law enforcement officer to the Secret Service two minutes before the shooting. This was  followed by another alert that the individual was armed, but the message was “not relayed” to key Secret Service personnel, the report stated. 

“Leaving a roof unattended, just you know, barely over 100 yards from the podium with a direct line of sight was an unacceptable and inexcusable error,” said GOP Kentucky Senator Rand Paul, a ranking member on the committee. “Everybody thought this guy was suspicious and nobody thought to stop the proceeding and remove the former president from the stage.” 

A counter sniper who was interviewed by the panel described seeing local law enforcement running toward the building where Crooks was positioned with guns drawn, but he did not alert Trump’s protective detail because it “did not cross [his] mind” to notify someone to get Trump off the stage.

According to the report, counter sniper teams were dispatched to Butler following “credible intelligence” of a threat, marking the first time this type of team was deployed to a protectee besides the president and vice president. However, nearly all the Secret Service personnel that spoke to the committee said they were unaware of the potential threat. 

“Why am I hearing about threats on TV,” an agent wrote in a note after the shooting that was included in the report.

Members of the Secret Service advance team were also denied additional resources, according to the report, and “could not identify” who had final decision-making authority for the event. 

“It was almost like an ‘Abbott and Costello’ farce with ‘who’s on first’ finger pointing by all of the different actors,” said Connecticut Senator Richard Blunmental, who heads the permanent investigative subcommittee. “It was really truth being stranger than fiction.”

The Secret Service has not commented on the report. Last week the agency issued findings from its own “Mission Assurance Review,” which found multiple communications issues and a lack of “due diligence” by the Secret Service.    

Acting Secret Service Director Ronald Rowe testified before the committee in late July, shortly after the panel launched its investigation. So far, it has completed 12 interviews, reviewed approximately 2,800 documents and conducted a site visit in Butler. Additional interviews are expected in the coming weeks, but committee aides won’t say if the probe could expand to the second assassination attempt this month, which took place at Trump’s Florida  golf club.  

The committee issued several recommendations, including enhancing planning and coordination, communication and expanding intelligence assets and resources. It also suggested designating a “single individual” to approve the agency’s security plans. 

“We’ve put a lot of meat on the bones here but we are a long way from getting the information we need,” said GOP Wisconsin Sen. Ron Johnson, ranking member of the investigative subcommittee. 

contributed to this report.



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