こういうトラブルの場合、“良識あるマスコミ”だったら、契約者の力関係からして保護される側はどちらなのか、説明責任はどちらにあるのかなんてことはわかってるはずですけどね。

強者が利権を守るための行為ばかりが支持されているような気がしてなりません。

ドラゴンズの球団代表によれば、外国人選手との契約はどこの球団でもつぎのようにおこなっているらしいのである。
「他球団のことですし、何がどうなっているのか分からないのでコメントのしようがないです。外国人選手との契約は、どこの球団も普通にファクスでやりとりして、来日してから正式に契約していると思っていたので。ウッズの場合もそうです」
海老沢泰久さんのコラム（トーチュウ＆中スポ５日付セブンアイ）

追加情報として
ここはグレーゾーンですねぇ。しかし、ルール上は対面契約であり、それをきちんと守ったのはソフトバンクの方ではあるんですよね。だから道義上の問題、と。

さとし＠快投乱打 さん

何故か、ノリの時もそうでしたが選手が叩かれるんですよね。
ま、野球の場合、特に選手が稼いでいるイメージがあるのでしょうが、個人事業主ですからね。
しかも、契約で縛っているのは球団側で契約を結ぶ/結ばないのオプションは、球団側が契約しないという意思表示をした場合にしか選手にはない、というま、ある種選手に不利なもの（※それが悪いと言うことではない）です。

ま、今回のパウエルの件、パウエル側とオリックス側、どちらが真実を語っているのか、明確に示すものは出てこないのではないでしょうね。
でも、もう少し配慮をしたうえで、キッチリ調べてから判断する姿勢、そして熟慮は必要でしょう。
今回みたく二重契約なんて連盟が判断してしまったら、パウエルの立場ないですからね。仮にパウエル側にその意図がなくて、この状況に陥ってるなら、3ヶ月プレーできない、ってひどい処分ですからね。それこそきっちり調査してから慎重に判断すべきです。

DAI

中日は、オリックスと同様の契約プロセス。
一方で、阪神は絶対そんなことはしない、と言っている。
つまり12球団共通のやり方ではなかった、ということだから、それだけを捉えて、ソフトバンクがルールの隙間を突いて「暗黙のルールを破った」というのは疑問。

ただ、最初のこの問題が発覚した際にも書いたように、オリックス側の決裂報道を受けてから発表するとか、発表に至るまでの配慮はもう少しあっても良かった、と思うのと、発覚した際の「売り言葉に買い言葉」的な鼻息の荒い発言が残念。あれで、道義上の問題となってしまった感あり。

ま、パウエルが話すオリックスの交渉経緯が真実なら、オリックスの行為は道義上の問題なんてもんじゃないけど、そこはまだハッキリしていないので、今後の展開を待ちましょ。（こんままハッキリしない可能性も高いけど…）

しかし、就労ビザを申請するのはあくまで「雇用主」。そのサインに応じたということは、パウエル自身が雇用主（この場合はオリックス）の下で働くことに同意していたとも取れる。昨年まで日本球界で７年もプレーしていたパウエルにその認識がなかったとは考えづらく、今回の反論が二重契約問題にどう影響を与えるかは不透明だ。[2/2付スポーツニッポン]

という記事も付け加えといてください。
パウエルが日本語の統一契約書を一度も見た事が無いとは思えないので、
上記記事も含め虚偽の説明でサインしたという話はイマイチ信用出来ません。

それにしても何故かパウ鷹擁護もしくはオリ批判傾向の方々はこの辺をスルーしていますね。不思議です。

ソフトバンクファンでもオリックスファンでもありませんが、何だかすっきりしないことがあるので。
かまぼんさんも指摘していらっしゃることですが、パウエルは日本球界経験者なのに、「騙されて偽の書類にサインした」なんてことがありうるとはちょっと思えないのです……。
それに、1/20に交渉決裂したと彼は言っていますが、それなら1/22にFAX返信しているというのがおかしいです。しかも「オリックスでプレーするのを楽しみにしている」と添え書きしてあったというのでしょう？
契約書であろうがビザの書類であろうが、交渉が決裂した「後で」返送するということ自体がおかしいです。
やはりパウエルは（もしくはその代理人が）二股かけていたと見るのが自然なような気がするのですが……？

かまぼん さん

確かに。

ただ、今の段階では両者から確定的な情報が何も出ていないので、結局、どっち側からものを見るかで、どっちも怪しく見えてしまいますね。

例えば、外国人の場合、外国語による契約書メインで、統一契約書は付帯的にしか扱われていない、という話もありますので、そういうことが全く考えられない訳でもないのかもしれません。
が、ま、普通は書類にサインする場合、その内容を訳文を参照するなりなんなりで確認すべきで、もし、本当に内容をそうした説明のみでしか確認せずにサインをしたならパウエル＆代理人サイドが軽率なのは確かです。

と思う一方で、ここでも、代理人がただ単に「手続き上、ここにサインを」といってしまえば、選手はサインしてしまう可能性もあるのでは？とも思います。

そうした意味で、現時点の何も立証されていない状況で、少なくとも「二重契約をした選手を追放」という議論をするのは拙速だと思ってます。グレーだけど、クロでもない。きちんと調査が為されているとは言えない現状では、下手をすれば、本当に本人にその意図がなかった選手本人を被害者にしてしまう可能性もある。
ペナルティが科せられて一番不利な弱い立場に立たされるのは選手本人。
チームにとっては替わりは幾らでもいますが、選手本人にとってプレーを制限されるのは致命的ですから、そこの判断は慎重であるべきだと思います。

と、オリックスは何故パウエルのビザを取得できていないのか？（パウエルはソフトバンク取得のビザで来日）という点は釈然としません。
オリックス側が実際にビザを取得できていない現実からすると、その統一契約書のサインだけではビザの取得には不十分だった？と疑うこともでき、少なくともオリックスがビザの取得手続きに不慣れなんてことはないはずですから、そんな状態で何故サインさせたのか、疑ってかかる事もできます。

つまり、どちらの立場で見ても、疑わしく見ようとすれば疑わしく見える状態。ここで自分が言っていることも、結局は推論にしか過ぎません。
どちらも、クロの可能性があるグレーな状態で、それをシロと立証できる材料だけの、その主張を証明する決定的な材料は出てきていない。今の状況は、双方が言いたいことを言っているだけ。

本来ならば、ここで、時系列的にそれぞれの主張を証明できるものを出し合ってリーグなりコミッショナーなりが裁定すべきだと思うのですが…

パ会長にその意志はないようで、このままズルズルと勧告通りになりそうな展開になりつつあります。
このままだと、誰もが釈然としない、最悪の結末を迎えてしまいます。それだけは避けて、早くスッキリと手打ちにして欲しいのですが…

青空百景 さん

コメントありがとうございます。

> かまぼんさんも指摘していらっしゃることですが、パウエルは日本球界経験者なのに、「騙されて偽の書類にサインした」なんてことがありうるとはちょっと思えないのです……。

この点については、上のコメント参照ください。
基本、上のコメントに書いていますが、

> 1/20に交渉決裂したと彼は言っていますが、それなら1/22にFAX返信しているというのがおかしい

ここの日付に関して、代理人は1/22にパウエルのサイン済のFAXをオリックスから初めて見せられた、という表現をしているマスコミもあって、これも時系列的には曖昧な印象を持ってます。

だからこそ、時系列順にそれぞれのアクションを証明できる書類を提出させて、第三者が裁くべきだと思うんですけどね。
FAXには送信日時が残る筈だし、メールがあるなら、それも含めて。出来ないはずはないと思うのですが…

オリはビザは取れていない様ですが在留証明は取ってますね。鷹サイドにも在留証明がある様ですが、異なる地域で二つ取得出来るものなのでしょうか？

あと、代理人が指示すればサインするかもって事に関しては、ならば代理人が悪になりますね。
その話で進むとした場合、選手は過程がどうあれ二つにサインをした罪があり、処分は必要でしょう。そして代理人には日本に関わる契約に今後タッチ出来ないくらいの処分が無ければ、選手の永久追放に変わる処分とはならないと思います。

この問題で一番疑問なのは、何故ホークスはこの様な事態が容易に想像出来るのにパウエルに手を出したか、ですね。
しかもマネーゲームはしたくない、と一度手を引いたのにオリのメディカルチェックでストップが掛かった選手に対してオリより高い金額を提示してまで。
これでパウエルが故障でもしたら笑いものどころじゃ済みませんよ？

誰が正しいとかよりも、この姿勢が一番の疑問です。

> 何故ホークスはこの様な事態が容易に想像出来るのにパウエルに手を出したか
> 誰が正しいとかよりも、この姿勢が一番の疑問です。

うーん、そこはいくつかの話が混ざっていると思うのですが…

根本、何のためにこの問題を論じるかということにもなりますが、端的に言えば、自分はHawksの姿勢を問題にすれば済むとは思いません。

単純に「補強」という観点から言うと、ひとりのHawksファンとして「パウエル不要、若手を使え」って間違いなく思います。
が、フロントの仕事として考えると若手に期待しつつ保険をかけておく、というのは決して間違ってはいない。
なので、自分はそこは廃して話をしているつもりです。

また、感情論的にいえば、当初「契約の空白」と表現したように、決して気持ちのいいものじゃない。自分も、前エントリーのコメント欄に書いたように、当初は、Hawksが権利を放棄すべきと考えていました。

が、「協約の穴」をついた、言わば「空白の一日」の再来、という議論で言えば、当初自分もそう表現したものの、少なくともそれとは全く違う次元の話。
協約の文面に書かれていなくとも、その精神に反するかどうかと考えると、江川問題は明らかに反している。
このパウエル問題の場合、オリックスのいう「暗黙のルール」が球界全体に存在してるわけではないのは、阪神の沼沢本部長やプロ野球選手会松原事務局長の発言からも明らか。協約に定められた通りに契約を行うという観点では、明らかに「従来の慣習通り」というオリックスが反しており、ソフトバンクは協約にのっとって、契約交渉の可否を判断し遂行したまで、という見方だってできます。

ま、ここは先にも書いたように、それをキッチリ証明出来ないと話にならないので、今後のコミッショナー裁定に至るまでの調査に任せるとして…

自分が「Hawksファン」という事実を離れて、と幾ら言っても、かまぼんさんには難しいのかも知れませんが…

これは、推論に過ぎません。が、ソフトバンクの薄汚いところまで想像したとして、ソフトバンクにすればパ会長が「二重契約」と判断したことが想定外であったろうと思います。
かまぼんさんの指摘するように、問題になることは想定していても「協約通りに手続きを行い、正当性のあるのは自分たちである」との認識があったのでは、と想像するのです。

2004年以来「球界は変わるべき」だといわれ、旧来の「球界の不文律」やら「慣習」に立ち向かう、その姿勢が問われていた。
そのなかで、今回、ソフトバンクは、その「慣習」ではなく協約通りにすればこうもできる、ということを示した（そういう計算があったかどうかはともかく）という意味で、「オリックスが正しい」という裁定もおかしいと思えるわけです。

先にも述べたように、1ファンとしてみた場合、ハッキリ言えばパウエルはいなくて構いません。
が、この問題はそういうことで収束させてはいけないと思うのです。

NPBの協約、制度、契約書、外国人契約の在り方そのものが問われています。

オリックスは業界の「暗黙のルール」を犯し後出しした者に権利を認め「悪しき前例」を作るべきではない、と主張し、ソフトバンクは「協約に則った契約を行ったのは自分である」と主張しています。
その傍らで、（今回のパウエル自身が被害者か加害者かわかりませんが）契約期限までに次の合意に達しない場合、自由契約選手になれるという日本人選手には羨ましい「外国人天国」の現実もある。

つまりは、NPBとして外国人選手を今後どのように扱っていくのか、そして、それを前提としたときに、協約上不備のある部分と実態との整合性をどう整理し、制度化していくのか。
ここまでの事態の推移を見ると、それこそが最も重要だと思うのです。

言いたい事は分かります。
また、今後に関しては仰る通りだと思います。

別に「オリが正しい」とは言いません。ぬかりはあったのですから。
そしてパウエルが可愛そう、とも思いません。そういう代理人を使っているのですから。
それにアメリカに帰れば日本に比べればスズメの涙程度でもどこか契約はして貰えるでしょうから。

私は、契約が正しかろうと何だろうとこの状況で“パウエルに”手を出す姿勢を問うてます。
補強が必要なら他の選手だって複数リストアップはしてるはず。
それでも他球団がメディカルチェックで揉めている選手を何の疑問も抱かず獲りにいく。

契約だけをみたら正しいのは確かにホークスなのかもしれません。しかし、それはあくまで「契約だけ」の問題。
例え代理人に騙されようと確信犯であろうと、契約が難航する外国人の受け皿になった時点でホークスには罪があります。
これがオリと同程度の額だったり、下回る額ならば「パウエルを救った」とも言えるんでしょうけど、なにせ公表してる額で倍、ですからね。

契約さえ正当ならばそれで良いのか。ホークスには、それが問いたいですね。

　　　　　 　　通りすがりのカープファンです。この問題、どう
　　　　　　　転ぼうとも我が愛するチームとは直接関係ないので
　　　　 　　中立的立場で感情論から自由に考えられるものと
　　　　　　　思います。ただ、このパウエルの契約の件に関心を
　　　　　　　持たないでいられないのは、その昔司法試験に
　　　　　　　チャレンジしてていまだに法律論が好きだからで
　　　　　　　すね。
　　　　　　　　で、パリーグが早々に二重契約と認めたことに
　　　　　　　ご不満のようですが、「プロ野球協約」は、団体
　　　　　　　内部にのみ有効な要件でしてパウエルーオリックス
　　　　　　　間の契約の効力には影響を及ぼしません。そして
　　　　　　　民法上、非様式契約は「当事者間の同意」のみで
　　　　　　　有効に成立しますのでサインなんか契約成立には
　　　　　　　必要じゃないんです。そして今回パウエル側も
　　　　　　　いったんは「同意」したことは認めてますんで
　　　　　　　オリックスとの契約は成立してます。パリーグが
　　　　　　　二重契約と認めた際には顧問弁護士の意見として
　　　　　　　公表しましたけれど、法律家ならそういうはずです
　　　　　　　ね。サインの意味は契約成立を証明するための
　　　　　　　手段としてあるんで、このことは、ＭＬＢの場合でも
　　　　　　　共通であることは、中村ノリがメッツとの契約を
　　　　　　　破った件の際、ＭＬＢ機構が抗議のため発表した
　　　　　　　声明にもあらわれてます。

かまぼん さん

かまぼんさんの仰ることも判ります。
自分も「当初は」それを問題にしてましたから。

自分は、この問題に関して、いろいろ出てくる情報を見るにつけ「旧来の業界の慣習vs新興勢力」の闘いに見えてきているので。「業界の慣習」の名のもとに協約に即していないやり方を平気でやってきた「一部の」行為に一石を投じる意味はあったとのかも知れない。そして、そうした意味のある解決にして欲しい。そう感じています。

ただ、ね。
喧嘩を売る相手が違うんですよ、ソフトバンク。
パの結束を高め、放映権の一括管理やWebの一括管理など、パとして、NPBができていないことを、一つの方向を向いてやっていこうというこの時期に、しかもオリックスあたりを相手に喧嘩を売っとる場合じゃない。
喧嘩を売るなら、少なくともパを結束させて、さらには利害の一致するセ球団も巻き込んで、古くからの利権を貪り、改革を妨げる勢力、某球団と親会社、そして現機構と勝負して欲しいもの。

ま、今回の件、ある意味機構との勝負にもなっていますが、パ同士で利害が対立する行為は、今は避けるべき。でないとせっかくの萌芽が育たない。

自分はその意味で、ソフトバンクのやり方に危うさを感じてます。

りんちゅー さん

コメントありがとうございます。
客観的な立場で見ることのできる、直接利害のない球団のファンの意見、大歓迎です♪

> パリーグが早々に二重契約と認めたことにご不満のようですが、「プロ野球協約」は、
> 団体内部にのみ有効な要件でしてパウエルーオリックス間の契約の効力には
> 影響を及ぼしません。

はい。理解しているつもりですし、普通に契約の有効性を論じるなら、どちらも有効だというのも判ります。
自分は法律を学んだわけではありませんが、仕事上、様々な契約には携わってますので、

> 民法上、非様式契約は「当事者間の同意」のみで有効

なことも、理解はしています。

その上で、「パ・リーグが二重契約と早々に裁定したこと」を問題視しています。

なぜなら、パ・リーグ連盟は、りんちゅーさんの指摘する「団体内部」ですから。

少なくともパ・リーグ連盟にせよ、プロ野球機構にせよ、「野球協約」という、その「内規」によって運営されている機関そのもの。第三者が一般論で二重契約と判定するのとは違います。

その内規たる「野球協約」で、「対面契約」とそのサイン済み統一契約書の提出、承認による選手登録をもって保有権が発生する、と定めている。

その内規によって成り立っている自分自身が、その内規に照らし合わせることもなく、あくまでも第三者と同じ一般の目線で「二重契約」と判断したこと、それをおかしいと言っているのです。

自分たちのための法による判断を避けている、無責任な態度にしか見えませんし、それによって混乱を助長したのは間違いないと思えるので。

丁寧なご返答をいただき、ありがとうございます。
パリーグの態度に関しては
おっしゃるとおりと思います。
　そもそも彼らは裁判官ではないので、
事実関係が明らかでない前にそれを調べる
こともせず現時点で得られた情報のみをもとに
契約が有効と言うことは彼らの仕事ではないですね。
そしてオリックスとの契約が有効ならＳＢに軍配を
上げるのは筋が通らないですし。ＳＢには法律的には
落ち度がないのに出場停止にする意味がわから
ないですし。

　この度新事実がパウエル側弁護士、田代祐誠氏から
提出されましたが、それによるとオリックス、パウエルに契約書を
ＦＡＸする際、４枚中の中２枚を抜いて送ったようです。
しかもその事実はオリックス側も認めたようです。（２２日『日刊スポーツ』より）
確かにオリックスがこれを受けて主張したように、中抜きの送付自体は
契約の効力には影響ないはずですが、その後この契約が問題化した後
オリックス、パリーグやメディアには中抜き前の４枚とも証拠として
提出してるのでこれは非常に悪質な行為と思います。
バカだねえ。中抜きは正直に最初からそういえば
いいのに。こんなことしたらパウエル側弁護士が
名誉毀損で訴えるかもと言ってるように逆提訴で
大幅に減額されるから、そんなことをしなければ、パウエルを
獲得できなくても債務不履行で訴えて賠償を請求できたのに
こういう背信的行為をしてしまったらもうロクな賠償は
得られないよ。というかもう請求する気がもない？　　　　　　　　　　　

りんちゅーりんちゅー さん

すいません。
もう随分レスが遅くなって結論の出た後ですが…

ま、オリックスの契約プロセスと主張はどうあがいても褒められたモンじゃないですね。一般的な契約として見ても。ホント悪質です。
それを最初は暗に認めていながら、パが2重契約と判断したことで、自分たちの正当性を主張し始めた。ちょっと醜いですね。
ソフトバンクも道義的に、って話があります。
が、冷静に考えて、FAの選手が複数の球団と交渉するのは当然です。それを球界の暗黙の了解で禁じていたなら、その「暗黙の了解」こそ問題、という気がします。

ま、そういうところ含めメスを入れて欲しい、と思ってましたが、やっぱり、というか、案の定、ロクでもないコミッショナーの裁定でお終いの模様です。絶望的です。

やっぱり現行のNPB組織を解体して各球団の利害関係の上に立つ組織が必要だと言うことを再確認しました。球界のこの自浄能力の無さには呆れて寂しい限りですが。

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