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The National Labor Relations Board, after sifting through the evi

February 2, 1995

WASHINGTON (AP) _ The National Labor Relations Board, after sifting through the evidence presented by baseball players and owners, says it will decide within two weeks whether to issue a complaint.

The sides filed charges against each other on Dec. 27, four days after owners implemented their salary cap system. If the NLRB issues a complaint against owners, it could ask a federal court in New York to issue a preliminary injunction against the salary cap.

``When the charges were filed, we said our timetable was 4-6 weeks,″ NLRB spokesman Dave Parker said Wednesday. ``We expect the formal decision on this case by mid-February.″

Daniel Silverman, the NLRB’s New York regional director, has sent two boxes of evidence to Fred Feinstein, the agency’s general counsel in Washington. Silverman has been consulting with Feinstein, and the two jointly will decide whether the charges have merit.

``A formal recommendation has not been made,″ Parker said.

The union has accused owners of bargaining in bad faith, of prematurely declaring an impasse and of implementing what was not really management’s final offer. Owners have accused players of failing to bargain over wages.

NLRB investigators have several interviews remaining. A session with former management negotiator Richard Ravitch that was set for last Friday was postponed.

``The way Daniel Silverman has handled this case is that he is sending information to the general counsel in stages for review,″ Parker said.

Parker added that he did not know if Silverman made an informal recommendation to Feinstein.

Shortly after Silverman became head of the NLRB’s New York regional office in 1981, he asked a federal court to issue a preliminary injunction that would have prevented a baseball strike. U.S. District Judge Henry Werker denied the request, and players struck for 50 days before the sides reached an agreement.

In December, the NLRB issued a charge against owners for failure to make a $7.8 million benefits payment last Aug. 1. That case is scheduled to be heard by an administrative law judge starting March 14.

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