NEW YORK (AP) — Dick Moss, the attorney who played a pivotal role in establishing free agency for baseball players and transforming athlete salaries, has passed away at the age of 93. His death occurred on Saturday at an assisted-living facility in Santa Monica, California, as confirmed by the Major League Baseball Players Association on Sunday. Moss had been in declining health for several years.
Moss was appointed general counsel by union executive director Marvin Miller in 1967. His most significant achievement came in 1975 when he represented pitchers Andy Messersmith and Dave McNally in a landmark arbitration case. This case led to arbitrator Peter Seitz ruling that the reserve clause, which allowed teams to unilaterally renew contracts and maintain control over players, was invalid. This clause had been part of baseball contracts since 1878.
On December 23, 1975, Seitz determined that the reserve clause allowed only a single one-year renewal. This ruling not only changed baseball but also influenced all professional sports in North America, leading to the introduction of collectively bargained free agency in Major League Baseball.
“A titan of the industry… He impacted the industry at that time like few others,” reflected David Cone, a former pitcher and Moss’s client, describing him as eccentric yet fun-loving—a person who brought energy to social gatherings.
At the time of Seitz’s ruling, the average salary for a Major League Baseball player was just under $45,000. By 1977, that average had climbed to $76,000, and as of 2023, it skyrocketed to $4.5 million—a remarkable increase of 1,000%. Meanwhile, MLB revenues grew significantly as well, from $163 million in 1975 to over $11 billion in 2023, demonstrating a 70-fold increase.
Moss, reflecting on the stakes, once stated, “The difference between winning and losing was billions and billions of dollars, maybe tens of billions of dollars,” during a party commemorating the 25th anniversary of the decision in 2000. This evolution in players’ earnings set a precedent for unions in other sports; the NBA gained similar free agency rights in 1976, followed by the NFL in 1993.
Richard Maurice Moss III was born on July 30, 1931, in Pittsburgh. He earned degrees from both the University of Pittsburgh and Harvard Law School. After serving two years in the Army, he began his career in law with a Pittsburgh firm, later becoming a Pennsylvania assistant attorney general. In 1963, he joined the United Steelworkers as associate general counsel, where he collaborated with Marvin Miller.
In the late 1960s, as Miller began to unify players, Moss negotiated the first collective bargaining agreement in 1968, which increased the minimum salary from $6,000 to $10,000. Subsequent agreements introduced grievance arbitration in 1970 and salary arbitration in 1973, further empowering the players.
During challenging times, such as strikes in 1972 and 1973 and a lockout in 1976, players demonstrated their unity. Although Curt Flood’s 1972 Supreme Court case to end baseball’s antitrust exemption resulted in disappointment, the groundwork for future successes was laid.
One of Moss’s early victories occurred in December 1974 when Seitz ruled in favor of pitcher Catfish Hunter, declaring him a free agent due to the Oakland A’s breach of contract. This paved the way for Hunter to sign a lucrative $3.2 million, five-year contract with the New York Yankees, illustrating the potential earnings players could secure without restrictions.
Moss’s advocacy for Messersmith and McNally came when they played seasons without contracts. He presented their grievances to Seitz in late 1975. Seitz ultimately ruled against the teams’ claims, stating that without active contracts, the clubs could not reserve the players’ services beyond the renewal year.
The ruling was validated by U.S. District Judge John W. Oliver and the 8th U.S. Circuit Court of Appeals, where Moss argued for the union. In July 1976, the collective bargaining agreement formalized free agency, attracting future Hall of Famers like Reggie Jackson and Rollie Fingers into the first free-agent class.
After leaving the union in July 1977, Moss transitioned to become a sports agent, representing stars like Nolan Ryan, Jack Morris, and Gary Carter. He was instrumental in negotiating Ryan’s groundbreaking annual salary of $1 million in 1979 and secured the same amount for Fernando Valenzuela in arbitration in 1982.
In 1987, his advocacy exposed owners’ collusion when he presented the Chicago Cubs with a blank contract for Andre Dawson, which they filled in with a $500,000 salary plus bonuses. This revelation led to a settlement in 1990, costing owners $280 million. Moss also played a significant role in securing the reinstatement of pitcher Steve Howe, overturning his lifetime ban in 1992.
Moss is survived by his third wife, Carol Freis, whom he wed in 1980, and a daughter, Nancy Moss Ephron, from his second marriage to Rolinda. Another daughter from that marriage, Betsy, predeceased him.
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