mandalay baseball properties, llc (and its …€¦ · (and its subsidiaries) seasonal employee...

31
V.2.0 May 2008 MANDALAY BASEBALL PROPERTIES, LLC (and its subsidiaries) SEASONAL EMPLOYEE HANDBOOK Unless Stated, the Policies and Benefits in this Handbook Do Not Apply to Term Deal, Production or Temporary Employees

Upload: vohanh

Post on 11-Jun-2018

214 views

Category:

Documents


0 download

TRANSCRIPT

V.2.0 May 2008

MANDALAY BASEBALL PROPERTIES, LLC

(and its subsidiaries)

SEASONAL

EMPLOYEE

HANDBOOK

Unless Stated, the Policies and Benefits in this Handbook Do Not Apply to Term Deal, Production or Temporary Employees

2

INTRODUCTION This is your very own hot-off-press copy of our revised Employee Handbook (a.k.a. “Handbook”), in a version designed specially for seasonal employees . Please read all of it. You'll get to know us better and learn about such important things as our arbitration and non-harassment policies, personnel policies and procedures, and a wonderful assortment of other information that is bound to come in handy. Be aware that this Employee Handbook isn't a contract of employment. Also keep in mind that Handbook information can change at any time. We will attempt to keep you informed if it does. If you have any questions about anything in this Handbook, talk to your supervisor or the very knowledgeable folks in our corporate offices in sunny Los Angeles, California. We know that you have received your Handbook, so now we need you to read it and sign and date the form (hint: it’s the last page of the Handbook) and return it to our VP of Legal and Business Affairs at our corporate offices as soon as possible.

WELCOME ABOARD!

3

AND NOW FOR THE BIG DISCLAIMER…DRUM

ROLL PLEASE!

Stop! Even though the information on this page may be about as interesting as the umpire’s rule book, please don't skip this section. It contains important information that you have to read, and we have to include. The Company – As used in this Handbook, the terms we, us, our and the Company refer collectively to Mandalay Baseball Properties, LLC (“MBP”) and its subsidiaries.

This Handbook is Not a Contract - The information in this Employee Handbook is a summary of our policies and is presented as a matter of information only. Its contents should not be interpreted as a contract between our Company and any of our employees.

Your Employment Does Not Have A Fixed Term - Unless we have an individual written contract stating otherwise, your employment with us is "at-will" and not for a specific duration. No employee of ours, either orally or in writing, has the authority to enter into an agreement for employment for a specified period of time or requiring something special to end the relationship, or to make any agreement contrary to the foregoing, except by written agreement signed by one of our executive officers.

We Can Change Policies - We expressly reserve the right to change any of our policies, including those covered here, at any time.

This Supersedes Previous Material - This Employee Handbook supersedes all previous materials that may have been issued on the subjects covered in this Handbook. This Handbook contains our latest and greatest thoughts on these matters.

Batter Up! - Thank you for reading this page.

STOP!

4

TABLE OF CONTENTS

INTRODUCTION..........................................................................................................................2

CONTRACT DISCLAIMER........................................................................................................3

EMPLOYMENT IS THE NAME OF THIS GAME ..................................................................5

“A” IS FOR ARBITRATION..............................................................................................6

EQUAL EMPLOYMENT OPPORTUNITY POLICY.......................................................7

NON-HARASSMENT POLICY.........................................................................................8

THE BASICS: WAGES AND HOURS .....................................................................................10

PAY PERIOD / WORKING HOURS ...............................................................................11

DEFINITIONS...................................................................................................................11

A. Overtime............................................................................................................11

B. Swipe Cards.......................................................................................................12

EMPLOYEE BENEFITS AND SERVICES .............................................................................13

MILEAGE AND PARKING .............................................................................................14

TRAVEL AND ENTERTAINMENT POLICY................................................................14

CODE OF CONDUCT AND OTHER GOOD STUFF ............................................................17

BUSINESS APPEARANCE .............................................................................................18

DISCIPLINE......................................................................................................................18

FITNESS FOR DUTY.......................................................................................................18

CONFIDENTIALITY........................................................................................................19

CELL PHONES, VOICE MAIL, E-MAIL AND COMPUTER FILES ...........................19

SECURITY........................................................................................................................21

SOLICITATION................................................................................................................22

WORKPLACE VIOLENCE..............................................................................................22

APPENDICES ..............................................................................................................................24

1. MANDALAY BASEBALL PROPERTIES, LLC ARBITRATION POLICY.............25

ACKNOWLEDGEMENT AND RECEIPT OF ARBITRATION POLICY..............28

2. EEO POLICY ................................................................................................................29

3. TRAVEL AND ENTERTAINMENT POLICY – HELPFUL HINTS..........................30

RECEIPT AND ACKNOWLEDGEMENT ..............................................................................31

5

EMPLOYMENT IS

THE NAME OF THIS

GAME

6

A IS FOR “ARBITRATION”

Our Door is Open - We encourage our employees to speak their minds and we want to know if you have any work-related complaints, problems or positive suggestions. We’re interested in what you have to say and we promise to listen carefully, and to respond quickly to your questions, concerns or suggestions. There will be no retaliation against anyone for reporting problems or complaints. If You Still Have a Gripe - Although we trust we will be able to work together to resolve any concerns you bring to our attention, we also have a formal arbitration process that will allow you or us to bring any employment-related disputes before a neutral third-person who will make a final and binding decision. The official arbitration policy (APPENDIX 1) governs any

future legal disputes between you and the Company that are related in any way to your

employment. Please take the time to read the entire policy (and not just the Nutshell version

below)! THE NUTSHELL VERSION:

We have a dispute resolution procedure called binding arbitration. We think everyone can benefit from submitting workplace disputes to mandatory and binding arbitration rather than engaging in messy litigation that can be costly and time-consuming. The arbitration policy (APPENDIX 1) applies to, and is binding on, all employees and the Company. It applies to all disputes connected to your job or at work (except as limited in the policy itself), including disputes involving a legally protected right such as protection from race, sex or age discrimination or sexual harassment (we have a policy on that too – see “Non-Harassment” below). What Is “Binding Arbitration?” Arbitration is a method of resolving disputes by submitting them to a mutually selected decision maker who is a specialist in deciding such disputes. An arbitrator is a neutral third-person who makes a decision based on the evidence and argument presented by both sides (i.e., you and the Company) – and based on the relevant law of course. There is no jury, but your rights are the same and the arbitrator will apply the same law that a judge and jury would in a lawsuit (and your minimal costs may be entirely reimbursed by the Company except your attorney fees, if any). Why Do I Care? Arbitration is less expensive for everyone, because it uses more informal and efficient procedures and may eliminate the need for attorneys (you can choose to hire one, but it’s worth noting that many plaintiffs’ attorneys charge up to 50% of any court award received as part of litigation). Second, arbitration is much quicker. While it may take years to resolve a lawsuit in court, arbitration usually takes place within months after the dispute arises. Because arbitration allows workplace disputes to be resolved more quickly and easily, it reduces the disruption caused by long, drawn-out litigation and lets us all get back to business sooner! And Just In Case You Need Another Reminder … Please carefully read APPENDIX 1 (yes,

we’re asking you to sign another acknowledgement) and feel free to direct any questions or

comments to MBP’s Chief Financial Officer or Vice President of Business and Legal

Affairs.

7

EQUAL EMPLOYMENT OPPORTUNITY

Everyone has the right to be treated fairly. We don’t follow this policy just because it’s the law. We firmly believe it’s the right thing to do.

Our Policy is very simple – We provide equal employment opportunities to all employees and applicants.

“All Created Equal” – We do not discriminate. In other words, no aspect of employment will be influenced in any way by race, color, religion, gender, religion, age, disability or any other category protected under federal, state, or local law. This applies to all of our practices, including recruitment, hiring and promotions, just to name a few. We also comply with the concepts and practices of affirmative action and always make sure that we are hiring or promoting the most qualified candidate for any position.

Let Us Know What You Need - We provide reasonable accommodations to help everyone succeed. If you feel that a disability may be affecting your ability to do your best work, please tell us so we can discuss alternative arrangements.

The Buck Stops Here - As with all of your concerns, we want to know if you think we are not being true to our word. Any violation of our equal employment opportunity policy by anyone – any manager, supervisor, or other employee – must be reported immediately to MBP’s Chief Financial Officer, Vice President of Business and Legal affairs or Chief Operating Officer.

Transgressors Beware – Anyone found to be engaging in unlawful discrimination or retaliation will be dealt with firmly – up to and including termination.

You’ve Read the Review, Now Read the Book and See the Poster – The actual policy is attached as APPENDIX 2 and it is in all of our interests that everyone reads it. Our equal employment opportunity is so important that we have also posted the full statement at each team location so you can’t miss it.

8

NON-HARASSMENT POLICY

What if I’m Not Being Treated Fairly? Never fear, we have a policy for that. Let’s state this as simply and unequivocally as we can. We do not and will not tolerate any form of harassment or unlawful discrimination against our employees by anyone. And by “anyone”, we mean “anyone” – including managers, vendors, contractors or our customers. You are the Gatekeeper – We can’t fix something if we don’t know it’s broken. The rules are quite easy. First, we expect everyone to avoid behavior or conduct that makes others feel uncomfortable. Second, we expect you to tell us if you have experienced or witnessed something that is wrong or “just doesn’t feel right” in the workplace.

And What Will We Do About It? We’re not fooling around – this is serious stuff. Regardless of how we hear about it or who we hear it from, we will investigate any reports of possible harassment or discrimination. Employees who are found to have violated our policy will be subject to discipline, including possible termination. We are making these promises not just because we have an obligation under the law, but because we are committed to providing everyone with the most comfortable working environment possible.

What is Harassment? Harassment can come in many forms. The most common types are sexual, racial and ethnic harassment. Harassment may include the following (but of course, our policy goes beyond these examples):

(1) What you see - including displaying of derogatory objects or pictures, cartoons, or posters;

(2) What you hear - including making or using derogatory comments, epithets, slurs,

and jokes; What is “Sexual Harassment? Simply put, sexual harassment is defined as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. That may sound like a bunch of legal jargon, but what it means is unwanted conduct based on your gender (including harassment by a member of the same gender as well as that based on pregnancy or related medical conditions). While we clearly cannot list everything that we mean, it may include the following types of behavior:

(1) Unwanted sexual advances; (2) Offering employment benefits in exchange for sexual favors; (3) Making or threatening reprisals after a negative response to sexual advances; (4) Visual conduct, including leering, making sexual gestures, displaying of sexually

suggestive objects or pictures, cartoons, or posters; (5) Verbal conduct, including making or using derogatory comments, epithets, slurs, and

9

jokes; (6) Verbal propositions; (7) Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's

body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations;

(8) Physical contact, including touching, assault, impeding or blocking movements.

Sexual harassment might also include an employee being fired or denied a job or an employment benefit because he or she refused to grant sexual favors or reasonably quitting his or her job to escape harassment.

We Will Take Steps to Prevent Harassment - Our policy is backed by a commitment to you. We will take immediate and appropriate action if we learn that unlawful harassment is, or may be, occurring. However, we need help from everyone to make this happen. If you believe that you or someone else may have been harassed, it is important that you report it to us and provide us an opportunity to see if we can set things straight.

Tell Us, Tell Us, Tell Us! (And you have our word that you won’t need to tell us three times!) All employees have the right to be free from unlawful harassment. So, if you think you have been harassed or have witnessed harassment by a co-worker, manager, agent, vendor or customer, you should promptly report the facts of the incident or incidents, and names of the individuals involved, to MBP’s Chief Financial Officer, Vice President of Legal and Business Affairs or Chief Operating Officer. Or, if you’d rather, you can also talk to any member of management who you feel comfortable talking to.

We Will Not Rest Until We Resolve the Problem - We will immediately and thoroughly investigate all claims of harassment in an impartial manner, including interviewing all persons who may have pertinent information. We promise that each complaint (and its results) will be kept as confidential as possible. Of course, we will report back to you as well as the alleged harasser, and, if necessary, any others directly concerned.

We Will Take Appropriate Action - If we find a policy violation has occurred, we will quickly take the action we think is appropriate to address the situation. This may include discipline up to and including discharge against the harasser, a remedy to account for any loss caused to you (or the victim) as the result of the harassment, or other steps that we think are needed to prevent future harassment.

Where to Learn More - In addition to another copy of OUR OFFICIAL POLICY, posters explaining your rights to file complaints with state or federal agencies are also located. at each of our offices. While we ask that you allow us the first opportunity to remedy your concerns, we certainly WILL NOT RETALIATE against any employee for filing any complaint of harassment, whether inside or outside of the organization.

10

THE BASICS -

WAGES AND HOURS

11

PAY PERIOD/WORKING HOURS:

Admit it, we know you’re thinking about your next paycheck, so we thought we’d do you a

favor and put this section up front. Our workweek, for payroll purposes, is from Monday to Sunday, but of course we don’t expect you to work every day! The big days to mark on your calendar are the 15th and the last day of the month ‘cause we pay our employees semi-monthly – which means twice per month. When Do I Work? Depending on location, the standard office hours are 9:00 a.m. to 6:00 p.m. or 8:00 a.m. to 5:00 p.m. But as a seasonal employee you may work non-standard or varying hours. If you work full days, we allow you an hour for lunch and in fact require that you stop working to take at least a 30-minute lunch each workday. We even expect you to obtain supervisory permission if you wish to take less than a full hour lunch. Our full-day employees also generally have a 10-minute break in the morning and a 10-minute break in the afternoon (just long enough for tea and crumpets!) Your supervisor is in charge of your lunch and break schedule and schedules may vary across departments and areas

Guess What? We Expect You To Come to Work. Although you are only working for a season, we still expect regular attendance and punctuality . We have seasonal employees because we are especially busy on a seasonal basis. When seasonal employees don’t stick to their schedules, it can be a big problem.

DEFINITIONS

Let’s Be Clear About This. It’s good to know where we both stand in this relationship. You join us voluntarily. You can leave at any time (it is polite for you to give two weeks notice – won’t you be polite?) and we can end the relationship at any time and for any reason not prohibited by law.

Employment At Will. This relationship is known in legal circles as “employment at-will” – how’s that for a party buzz-word? We like to think of it as employment that keeps everyone on an equal footing.

For Payment Purposes, you are also either an “Exempt” or “Non-Exempt” Employee. Fancy words for a very simple difference – “exempt” employees are not eligible to receive overtime pay – they are exempt from overtime. “Non-exempt” employees are paid overtime and receive their pay based on the actual hours they actually work. If you don’t know which category you are, ask your supervisor.

Some Ground Rules. In order to make sure we pay our non-exempt employees correctly, there are some special rules that apply just to them (this doesn’t mean we don’t love our non-exempt employees any less!):

A. Overtime

It’s simple. When our Non-exempt employees are required to work overtime, we pay them

12

overtime pay in accordance with state and federal laws. Therefore, because we need to know when you work, we require our non-exempt employees to obtain the approval of their supervisor before working any overtime. If you have any questions regarding how your overtime rate is calculated, or when you are entitled to receive overtime, talk to your supervisor or the MBP accounting department – it’s their job to understand this stuff.

B. Swipe Card System

Same Theme - We need to know when you work. Employees who are eligible to receive overtime pay (our non-exempt employees) must utilize the swipe card system. We can’t pay you without these records. We can’t tolerate any tomfoolery or shenanigans – these are official pay records so any inappropriate use of the swipe card system (e.g., swiping another employee’s card or having your card swiped by another employee) will land you in hot water and may result in termination.

13

EMPLOYEE

BENEFITS AND

SERVICES

14

MILEAGE AND PARKING

You gotta go – so we’ll make it worth your while. If we ask our support staff to use their cars for Company business we will pay the then applicable federal rate (as published by the IRS) per mile as reimbursement (as of July 1, 2008 this rate was $.585 per mile). All you need to do is submit an expense report. But come on folks, don’t expect us to reimburse you for commuting to and from work, or driving to a breakfast, lunch or dinner meeting (that we’re probably picking up the tab for anyway). Field Trips –We also reimburse all employees for reasonable parking costs incurred while on official Company business. All you need to do is submit an expense report with the receipt.

TRAVEL AND ENTERTAINMENT

In our business, travel and entertainment come with the territory. We recognize that so we will reimburse you for reasonable (and we mean reasonable) travel and entertainment expenses. We aren’t trying to be unnecessarily tightfisted but we also don’t want to be the fool soon parted with his own money. In order to be fair to everyone, we have the following rules:

A. Air Travel

The Way to Really Fly is to book your travel on an airline that charges the most economical rate for the chosen route given your time frame. None of the airlines give you anything more than peanuts now anyway, so you won’t be missing out. Prior to booking, the Chief Executive Officer, the Chief Financial Officer or the applicable team general manager or president need to approve all reservations that are to be charged directly to a Company credit card. We travel in coach class unless the Chief Executive Officer or the Chief Financial Officer say otherwise (which they generally won’t). Please be aware that if you can’t follow our rules, we may “help” you by choosing your flight for you. B. Ground Transportation

Heigh Ho, Heigh Ho to the Airport We Go! The Chief Executive Officer, Chief Financial Officer or the applicable team general manager or president must approve all limousine and town car service use. Again, you will be expected to use the most economical rate for the required route.

Near and Far. For Presidents and above, town car use is authorized to and from each local airport. Subject to approval, the Chief Executive Officer or Chief Financial Officer may also authorize use in the destination city. For other employees, we will only authorize limousine or town car use to and from the airport if the use meets the following criteria:

1. In the destination city, if you are arriving or leaving in the dark, or if a car service is less expensive than a taxi cab;

2. In the home city, if a car service is less expensive than a taxicab.

15

Otherwise, hitchhike, bus or yellow cab it! (we mean a taxicab). But Consider the Options. The fact is that rental cars may be more practical for certain trips. Rental cars should always be picked up and returned at the airport. As a general rule, unless there is a caboodle of passengers or special equipment considerations, you should chose an economy class model (we all know that you might get a free upgrade when you pick up the car anyway!) If you do not have rental insurance through a personal policy or credit card, you will need to purchase insurance coverage – better to be safe than sorry!

C. Hotels

We have connections with hotels in the locations where we have teams or offices; you should contact the local operation for information on local hotels. We aren’t putting you up at the Ritz though! A hotel should be respectable and of business class status. In other words, we won’t permit a stay at a four and five Star hotel unless specific arrangements have been made. You also must obtain pre-approval for suite or first class accommodations prior to check in from the Chief Executive Officer or Chief Financial Officer. You will need to provide a credit card to secure hotel reservations, and you will be reimbursed upon completion of your trip via an expense report. D. In-Town Entertainment

Our executives are authorized to incur in-town entertainment expenses and should look to their direct supervisor (i.e., boss) for guidelines as to what is reasonable. All entertainment over $10 must be paid for by credit card, unless the establishment does not accept credit cards. E. Meals

We will reimburse costs for employee meals eaten while traveling that are supported with a credit card receipt (even fast food joints take credit cards these days!). F. Miscellaneous Expenses

Doesn’t This Include Everything Under the Sun? No, of course not! Below is a chart showing charges that are considered legitimate and authorized as compared to those that are not (please don’t tell us that you still need help telling which is which!)

Authorized and Reimbursable

Unauthorized - NOT Reimbursable

• Phone charges for business, as well as a reasonable number of calls home

• Reasonable tips at airports and hotels

• Passport or visa fees if an executive is required to travel abroad for business

• Meet and greet services (expediters) at airports

• Barber, beautician, manicurist, shoe shine, masseuse

• Health clubs or in-room movies while traveling

16

• Suitcases, alarms, etc. purchased for traveling

• Childcare and pet care while traveling

Contact your local VP of Finance or MBP’s accounting department if you have any

questions about filling out expense reports. Also, we have taken the trouble to provide you

with some helpful hints on how they should be completed, so don’t hurt our feelings -

please take a look at APPENDIX 5.

17

CODE OF CONDUCT

AND OTHER GOOD

STUFF

18

BUSINESS APPEARANCE

Look the Part You Play at Work. We know we shouldn’t have to tell you this, but we want you to look the part of the hard working employee you are. So, you need to wear appropriate business attire in the office and on any business related occasions outside the office. If common sense doesn’t help you out on this one, any outfit that causes a gaper’s delay is probably not appropriate. Also, flip-flops are perfectly suited for the beach, but let’s get real, they are not acceptable in the office!

DISCIPLINE:

A Few Bad Apples Spoil the Barrel. As much as we hate to bring this up, this policy is for the 1% of our employees who need it, as well as the other 99% of you who need to know that we intend to address the headaches caused by folks who aren’t doing their fair share or playing by the rules. Discipline Ain’t A Dirty Word. The root of discipline, “disciple,” actually means “to teach” and it is in that spirit that we generally use a progressive discipline system that involves some combination of verbal counseling, written warnings and/or suspension before terminating an employee. We want to give employees advance notice, whenever possible, of problems with their conduct or performance so they have an opportunity to correct them. We expect most job related problems will be resolved this way. This doesn’t mean, however, that we won’t take action when necessary. We reserve the right to skip disciplinary “levels” and address situations as we feel appropriate by issuing discipline up to and including termination, based on the totality of the circumstances. In some situations, we may ask employees to leave our premises while we investigate before taking any action.

Sign by the X. We will generally ask any employee who receives a written warning to sign the written document as an acknowledgement that they received it. A signature is not an admission of guilt. In fact, an admission of guilt is not a sign of weakness – it is often the first step to working together to find a solution to the problem. But, if an employee disagrees with the warning and wants to make comments, the back of the warning notice is blank for that very purpose - and budding novelists are welcome to attach additional sheets of paper. You can also just talk to us, which is probably much easier and faster. Still At Will. We explained what “employment at will” means at the beginning of the Handbook and this policy doesn’t change that. Our employment relationship is based on the mutual consent of the party of the first part – US, and the party of the second part - YOU. So, we repeat, either party (us or you) can terminate the employment relationship at any time, for any or no reason, unless prohibited by law. So, we can also demote, transfer, suspend or discipline an employee at our absolute discretion, unless prohibited by law. Nothing contained in our disciplinary process is meant to imply anything to the contrary.

FITNESS FOR DUTY

It’s All About Safety. If we think that you are not able to perform the essential functions of

19

your job effectively or without endangering either yourself or your co-workers, there’s no question we’re going to do something about it. We may require an employee to undergo a fitness for duty medical examination, on our dime of course. In the event we do, we will advise the employee of the need for the examination. Depending on the situation, we may also prohibit the employee from working until we know the examination results.

CONFIDENTIALITY:

We’re Letting You In On Our Secrets. You need our business information to do your job, but guess what, we don’t want you to reveal our management and sales philosophies, financial information, or pricing information to any one else. Call us stingy but we can’t win at our game if everyone sees our cards on the table. So, before we give you access to our vault, we want you to promise to return the keys when you leave. This is a condition of your employment and you must agree not to disclose any of the confidential or propriety information that you may come into contact with during employment. CELL PHONES, VOICE MAIL, E-MAIL AND COMPUTER FILES

Cell Phones: They’re Not Yours To Keep. We provide you with a cell phone to help us keep business moving and respond to our customer needs, so we want the cell phone and our number back. To illustrate our point, just imagine dialing “0” three times: the first time the operator doesn’t answer. Second time: “hello, you know what to do at the beep” message. Scratching your head, you call again – the operator picks up but can’t answer your question and instead suggests you call an entirely different number – ‘betcha Ma Bell just lost your business, but we aren’t gonna let it happen to us!

Computers and Voice Mail Are Ours, But We’ll Let You Use ‘Em. The telephone system is equipped with a personal voicemail box for each extension and employees are assigned an e-mail account and/or computer – we all call them “yours” but let’s be clear about this, we’re paying for these services so the systems, and all the confidential information on them, are ours. This includes data and graphic files, contact lists and e-mails.

You’re Not on a Desert Island. We understand that on occasion family members or others may need to leave personal messages on the voice mail system for you and we are willing to accommodate this. However, if personal use of the voice mail system begins to interfere with your performance, you will hear about it from us and it may lead to discipline – so don’t let it happen. Surf’s Up. While at work, you really shouldn’t be accessing on-line databases or Internet services unless it is required as part of your work (this includes internet-capable cell phones). We understand that on occasion, you may need to conduct personal business using our computing resources. You must confine such use to your break time and we will address any excessive use. For those of you who want to push us on this, we consider excessive to include such things as listening to audio broadcasts on the internet (live or prerecorded), viewing video broadcasts (live or prerecorded), or downloading large data files for personal use – which brings us nicely to our next point, that you shouldn’t be downloading files anyway!

20

“Houston, We Have A [Bug] Problem.” We simply don’t want your viruses, bugs, worms, Trojan horses or anything else you might wish to share that will infect our systems. All computers located in the corporate offices are equipped with Microsoft Word, Internet Explorer and a very snazzy virus protection system. So, don’t put anything on our computers, without IT approval – ‘k? ☺ (now that we’ve gotten your attention, the temptation to slip into computer speak was just too great to resist.) You Could Get Us Into A Lot of Trouble. We also have to be sure that our programs are properly licensed. So, we don’t want you to load any software onto a Company provided computer that might violate the software license. To make sure we (or our employees) are not engaging in any untoward activities, we do not allow our employees to load any software onto a Company provided computer without the express approval of the Director of Operation and the IT Supervisor. The Same Rules Apply. Messages or communications on the Company's voice mail, e-mail or computer systems are subject to the same policies regarding harassment and discrimination as are any other workplace communications. Let us say it again, we’re just not gonna tolerate offensive, harassing or discriminatory content. This includes messages which contain sexual implications, racial slurs, gender-specific comments, or any other statement that is reasonably offensive. (Now would be a perfect time to review our non-harassment policy again, don’cha think?) You Ain’t Got No Secrets. Employees should have no anticipation of privacy with respect to Company provided voice mail, e-mail and computer based communications. Even when a message is erased, it may still be possible to retrieve it from a backup system. Therefore, employees should not rely on erasure of messages to guarantee that a message remains private. The Company reserves the right to listen to voice mail and read e-mail messages and to access employee computer files. This may be done without notice to an employee and in the employee's absence. No Tampering with the Mail! Even though we may retrieve and review information on our phone and e-mail systems from time to time, we expect you to treat the information on our systems as confidential, to be accessed only by the intended recipient. This means you are NOT authorized to retrieve or access voice mail or e-mail messages that are not addressed to you. Ready, Aim, Firewall. We have systems in place to keep our information safe from prying eyes. This means you are prohibited from using any password without prior authorization and/or registration. [WARNING: There is a “however” ahead]. However, the fact that we use passwords for voice mail, e-mail or computer system access does not mean that these are your private systems. Not to beat a dead horse, but all messages sent, received, composed and/or stored on our system are Company property. Also, unless we give you specific authorization, the e-mail system should not be used to send (upload) or receive (download) any copyrighted materials, trade secrets, proprietary information, or similar matter – this rule applies whether the material is ours or someone else’s.

21

SECURITY

We Want to Keep Our Employees and Visitors Safe and Protect our Property. We have an interest and an obligation to maintain safe, healthful and efficient working conditions for everyone. It’s everyone’s job to look out for each other. We have established some rules to help us do this:

A. Criminal Background Checks

We Conduct Criminal Background Checks. This is part of our commitment to providing you a safe environment – we won’t stick our nose where it doesn’t belong though, and we’ll tell if we think there’s a problem. We will ask you to complete an authorization form once (or in some states, any time we conduct a background check), but we will always let you know the skinny before making any negative decision affecting your employment.

B. Right to Reclaim

Consider it a Rental. As we have said, because our business machines, equipment and furnishings (such as desks, cabinets, files and lockers) are our property, we have the right to monitor, access, and inspect them. You are welcome to use our equipment, but don’t store anything you wouldn’t us to see!

C. Right To Observe

We Need to Know What’s Going On. So of course we are going to watch our property and our employees – duh. In other words, as you already have read, you shouldn’t have an anticipation of privacy at work, including voice mail, e-mail, and computer systems. But at the same time, we didn’t intend to be unreasonably obtrusive or rude about it and we will not observe restrooms or other changing areas. D. Right to Search

We May Need to Take A Peek. If we suspect something fishy is or might be going on (for example, a theft, suspected theft or unauthorized taking, or possession of a firearm or other potentially dangerous item), we may search you, your belongings, the Company property used by you, or take other actions as we feel necessary. The reason for this is simple. We don’t want to base our decisions on hunches, suspicions, or innuendo, especially when the consequences could lead to discipline or even termination. Please don’t be offended if we need to conduct a search. We feel pretty strongly about this and consider it a condition of your employment with us. So, be aware that a refusal to allow a search may result in disciplinary action up to and including termination, even for a first time offense.

E. Thefts and Other Irregularities

We Need You To Be On Your Toes. We all play a part in minimizing thefts and other security risks. It is up to you to report any theft or irregularities such as misappropriations or unauthorized use of assets or property, failure to maintain books and records that accurately and

22

fairly reflect transactions, conflicts of interest, or inappropriate acceptance of gifts. Any misconduct by other employees (including production and term deal employees) should be reported to the Chief Executive Officer, Chief Financial Officer or other applicable team general manager or president as soon as possible (we mean immediately!). If It’s Worth That Much, Just Don’t Bring It. We will do what we can to make sure that your personal belongings remain safe and secure. But we can’t and won’t promise that your Great-Grandfather’s diamond paperweight will not be too great a temptation for someone (of course not one of our employees) to resist, and we will not reimburse you for loss or damage of any personal effects at work. So, if you can’t replace it easily, it has no place at work. SOLICITATION

We Aren’t Paying You to Sell Other People’s Wares. Work time is work time. That means if you or someone else is working, it is not the time or the place to bother anyone about the latest and greatest doodad or widget you or your kids are selling, or associations you would like them to support. We do not allow any solicitation during work time or in work areas. It’s that simple. During non-work time, in non-work areas (in other words, the break room), you may try to convince your co-workers that they really need to buy 20 rolls of wrapping paper to held send your kid to Egypt, but don’t do it on our time or where you can disrupt others who are working. LET’S KEEP IT PROFESSIONAL

We Are Not a Match-Making Service. Our vendors and customers, as well as the athletes on our baseball teams, are people with whom our Company has important business relationships. Similarly, the relationship between employees and supervisors is about business. It’s rarely good to mix business and pleasure, and it’s never good to date your boss (or the boss‘ boss), and it’s an even worse idea to engage in intimate relationships with players, managers, or representatives of other teams you meet while working. (We don’t allow managers to date their subordinates and as for other teams, clients and customers, we think it’s a really, really bad idea to try to mix business with . . . well, you get the picture. HINT: now would be a really great time to review our anti-harassment policy AGAIN (pg. 9-10) – remember our policy applies to anyone you come into contact with during your employment, not just other employees.

WORKPLACE VIOLENCE

Not Here – No Way, No How. We are committed to providing a workplace that is free from acts of violence or threats of violence. This means we have a “zero tolerance” policy when it comes to actual or threatened violence against our employees, visitors, or any other person who comes into contact with our employees when they are working. Security and safety in the workplace is everyone’s responsibility. It is essential that every employee understand the importance of workplace safety and security. It’s not too difficult – it’s common sense. Something’s Rotten in Denmark. We need everyone to be aware of potential security risks so we need everyone to be safety watchdogs. Please immediately notify your supervisor if you see any person acting in a suspicious manner, in or around our property. Remember, an ounce of

23

prevention is worth a pound of cure! We’re Not Joking. Any verbal or physical threat of violence will be treated seriously by the Company. Any such threat should be immediately reported to your supervisor. Where a violation of this policy is found to exist, the Company will take appropriate corrective action. Bring In The Experts. If you have reason to believe that an imminent act of violence, a threat of imminent violence, or actual violence is occurring or may be about to occur, stop, do not pass go and do not collect $200.00 – seek emergency assistance immediately! Contact your supervisor immediately and if necessary and appropriate, call law enforcement authorities by dialing 911. In All Seriousness. Full cooperation by everyone is necessary for us to accomplish our goal of ensuring the security and safety of our employees and others. Employees should direct any questions they have regarding their rights and obligations under this policy to the VP of Business and Legal Affairs.

24

Last, But Not Least…

APPENDICES

This Isn’t Just Fluff. This is important

information and you should ask questions if you

don’t understand (especially since you’re

signing that you do)!

25

APPENDIX 1

MANDALAY BASEBALL PROPERTIES, LLC ARBITRATION POLICY

In order to resolve any disputes between Mandalay Baseball Properties, LLC, its owners, affiliates or subsidiaries (collectively, "Company") and its employees, the Company has chosen to use a

procedure called final and binding arbitration instead of a court to resolve those disputes. This

procedure is set out here in this Arbitration Policy. This Arbitration Policy removes employment-

related claims from a court of law and a judge or jury. While employees' right to have their complaints heard remains unchanged, the place and manner in which these complaints are heard is

changed.

This Agreement Covers All Claims Connected To Employment. The Company and its

employees will submit to final and binding arbitration all claims, disputes and controversies arising out of, relating to or in any way associated with employment or termination of employment ("Claims")

against the Company (or its officers, employees or agents in their capacities as such). Examples of

Claims that, under this Policy, must be resolved through arbitration instead of through a court

proceeding include, but are not limited to:

wage and benefits claims; contract claims; personal injury claims; tort claims; wrongful termination claims; defamation claims; claims for employment discrimination (statutory and nonstatutory) based on age, sex, race, national origin, color, religion, disability (perceived or actual), medical condition, marital status and sexual orientation; claims for harassment, including sexual harassment; and claims for violation of any federal, state, local or other governmental law, constitution, statute, regulation, or ordinance.

The only Claims that are not subject to this final and binding arbitration policy are: (1) Claims for

workers' compensation, unemployment compensation, or state disability benefits, and Claims based upon any pension or welfare benefit plan, the terms of which contain an arbitration or other non-

judicial dispute resolution procedure of their own; and (2) Claims within the exclusive jurisdiction of

the National Labor Relations Board.

Employees still have the right to file complaints or charges regarding their employment with the appropriate government agencies.

Timely Notice Of All Claims Required Or Those Claims Will Be Lost. An employee must give

written notice of any Claim to the Company. This notice must be given to the Company within the

applicable statute of limitations, i.e., the time limit, for such Claim(s) as specified under the law which applies to the type of Claim involved. The same rules apply to any claim by the Company against an

employee; the Company must give timely notice to the employee. Failure to give timely notice of

Claims will waive the Claims. The notice shall identify and describe all Claims asserted and the facts

upon which the Claims are based and shall be personally delivered or sent by certified or registered

mail, return receipt requested. Written notice to the Company shall be delivered or sent to the

Company's Senior VP of Business and Legal Affairs. The Company will give notice of any Claim by personal delivery to the employee or by certified or registered mail, return receipt requested, to the

last address recorded in the employee's personnel file.

26

The Parties May Represent Themselves Or Have An Attorney Represent Them. Any party to the

arbitration may represent itself/himself/herself or may be represented by a licensed attorney.

Arbitration Procedures. Except as otherwise provided in this Agreement, any arbitration shall be in accordance with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (the "AAA") , as modified herein, before a single arbitrator, who is an attorney, is an experienced labor and employment arbitrator, or is a retired judge (the "Arbitrator"). The arbitration shall take place in the vicinity of the AAA office which is closest to the Company location where the employee in question is or was employed.

After Giving Timely Notice Of Claim, The Complaining Party Must File A Demand For Arbitration Within 60 Days. Within 60 days after giving notice of its/his/her Claims, the complaining party must file a written Demand for Arbitration with the other party as provided above. If the complaining party does not do so, its/his/her Claims are forever waived.

Procedure For Selecting An Arbitrator. The parties may select any mutually agreeable Arbitrator. If they are unable to do so, then the complainant must file its/his/her Demand for Arbitration with the AAA office nearest to the Company location where the employee in question is or was employed, within 30 days after the parties are unable to select an Arbitrator. The complainant must also request that the AAA give each party a list of 11 Arbitrators drawn from its panel of experienced labor and employment arbitrators. The parties shall strike names alternately until only one name remains. In each instance, the party who did not initiate the claim shall strike first. If an employee is the party seeking arbitration, the Company will promptly reimburse the employee for one-half of the filing fee upon submission of appropriate documentation reflecting the employee's payment of the fee. If the employee prevails, the Company will pay the entire filing fee.

Limited Discovery. Each party shall have the right to take the depositions of three (3) individuals. Each party also shall have the right to make 25 requests for the production of documents, interrogatories, or requests for admissions to any other party, and may serve subpoenas on third parties requiring production of documents for discovery purposes. The Arbitrator selected pursuant to this Agreement may order additional discovery upon a showing of compelling need.

Notice About Witnesses And Exhibits For The Arbitration. At least 30 days before the arbitration hearing, the parties must exchange lists of all witnesses and copies of all exhibits that they intend to use at the arbitration (except those to be used for impeachment purposes). If a party fails to give such notice or fails to give the other party a copy of its exhibits, the party will not be allowed to use the witnesses or exhibits. The Arbitrator, for good cause shown, may excuse the failure.

The Arbitrator Has The Following Powers And Will Apply The Appropriate Law. In deciding the legal issues related to any Claim and determining an appropriate legal or equitable remedy, the Arbitrator shall apply the appropriate federal law and/or the law of the state where the claim arises. The Arbitrator shall have exclusive authority to decide whether a Claim is arbitrable. The Arbitrator shall have the exclusive authority to decide the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes, and shall entertain and promptly rule on any motions to dismiss, motions for summary judgment or summary adjudication, and other motions. Unless the parties otherwise agree, the Arbitrator shall apply local rules of procedure applicable to any such motion. When the Company's rules or policies are at issue, the Arbitrator shall have no power to alter, amend or change any Company rule or policy, but shall only determine whether the rule or policy has been violated as alleged. Past practice of the Company in interpreting or applying its rules or policies may be relevant evidence, but shall not be used to modify the terms of the Company's rules or policies. The Arbitrator's decision shall be based

27

solely upon the evidence and arguments presented, and the Arbitrator shall decide only the issues submitted by the parties. No stenographic transcription of the arbitration proceedings will be made unless mutually agreed in writing or required by the Arbitrator. Either party, upon request at the close of hearing, shall be given an opportunity to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render a written final and binding award and opinion within 30 days after the close of the arbitration in the form typically rendered in labor and employment law arbitration.

Payment For The Arbitration's Fees and Costs. The cost of the arbitrator and other incidental costs of arbitration, including the costs of a court reporter, shall be borne by the Company. The employee and the Company shall each bear their own costs for legal representation in any arbitration proceeding; provided, however, that the arbitrator shall have the authority to require either party to pay the fee for the other party's representation during the arbitration, as is otherwise permitted under federal or state law, as part of any remedy that may be ordered.

The Arbitration Process Shall Be Kept Confidential. Except as may be necessary to enter judgment upon the award or to the extent required by applicable law, all claims, defenses and proceedings (including, without limiting the generality of the foregoing, the existence of the controversy and the fact that there is an arbitration proceeding) shall be treated in a confidential manner by the Arbitrator, the parties and their counsel, and each of their agents, and employees and all others acting on behalf of or in concert with them. Without limiting the generality of the foregoing, no one shall divulge to any third party or person not directly involved in the arbitration the contents of the pleadings, papers, orders, hearings, trials, or awards in the arbitration, except as may be necessary to enter judgment upon an award as required by applicable law. Any court proceedings relating to the arbitration, including, without limiting the generality of the foregoing, to prevent or compel arbitration or to confirm, correct, vacate or otherwise enforce an arbitration award, shall be filed under seal with the court, to the extent permitted by law.

The Arbitrator's Decision Is Final and Binding. The decision of the Arbitrator shall be final and binding. A reviewing court may confirm, correct or vacate an award only in accordance with the standards set forth in the California Arbitration Act, California Civil Procedure Code § 1284 et seq.

Not An Employment Contract: Employment Remains At-Will. This Policy is not, and shall not be construed to create, a contract of employment, express or implied. Nor does this Policy alter the at-will nature of employment. All employees of the Company are employed at-will. That means that all employees have the right to resign at any time for any reason they believe to be appropriate, with or without notice. Likewise, unless expressly agreed otherwise in a writing signed by the Chief Financial Officer, the Chief Executive Officer or the VP of Business and Legal Affairs and the employee, the Company retains the right to terminate an employee's employment at any time with or without notice, with or without cause. No other officer, employee or other representative of the Company is authorized to make any contrary representation.

EMPLOYEES SHOULD CAREFULLY READ THIS POLICY AND DIRECT ANY

QUESTIONS OR COMMENTS TO THE VP BUSINESS AND LEGAL AFFAIRS.

28

MANDALAY BASEBALL PROPERTIES, LLC ARBITRATION POLICY ACKNOWLEDGMENT

I have received a copy of Mandalay Baseball Properties, LLC's Arbitration Policy dated ____, 2008. I have read the policy and understand it. I understand that I have the opportunity to ask questions and communicate any concerns to the VP Business and Legal Affairs. I understand that this policy is a condition of my employment and that by agreeing that work-related disputes will be resolved though arbitration, I am waiving the right to a trial by jury of the matters covered by the "Arbitration" provisions of the Handbook.

Date:

Please print your name here:

Signature:

29

APPENDIX 2

EQUAL EMPLOYMENT POLICY

The Company is an equal opportunity employer and makes employment decisions on the basis of merit.

We want to have the best available people in every job. Therefore, the Company does not discriminate

against its employees or applicants because of race, color, religion, sex, national origin, age, disability

or any other consideration made unlawful by applicable federal, state and local laws. Equal

employment opportunity will be extended to all persons in all aspects of the employer-employee

relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff,

recall and termination.

The Company will make reasonable accommodations for the known physical or mental disabilities of

an otherwise qualified applicant for employment or employee, unless undue hardship would result. Any

applicant or employee who requires accommodation in order to perform the essential functions of a job

should contact their supervisor, or alternatively, the VP Business and Legal Affairs. [supervisors need

to be trained to recognize and respond to accommodation requests] The applicant or employee should

advise the Company what accommodations he or she believes are needed in order to perform the job.

The Company will determine possible accommodations, if any. If accommodation is reasonable and

will not impose undue hardship upon the Company, the Company will make the accommodation.

The Company also reserves its right to require an employee to undergo a fitness for duty medical

examination, at the Company's expense, if the Company believes or suspects the employee may not be

able to perform the essential duties of the job effectively or without risk of harm to him/herself or

others. In such an instance, the Company will so advise the employee, in writing, of the need for the

examination. Depending on the situation, the Company reserves the right to suspend employment

pending the results of the examination.

If you believe that you have been subjected to any form of unlawful discrimination, promptly report the

facts of the incident or incidents, names of the individuals involved and the names of any witnesses to

the Company’s Chief Financial Officer, VP Business and Legal Affairs or Director of Operations. The

Company will promptly, thoroughly and objectively investigates all claims of discrimination and insure

that appropriate action will be taken. It is important that you report the matter promptly, even before it

becomes severe and pervasive or rises to the level of violating Federal Law if possible. Any employee

found to have engaged in any form of unlawful discrimination will be subject to disciplinary action up

to and including termination. The Company will take action to remedy any loss suffered by you as a

result of discrimination. The Company will also take action to deter any future discrimination. The

Company's determination and related Company action will be communicated to you. The matter will

remain as confidential as possible.

No adverse action will be taken against any employee in any manner for reasonably and in good faith

reporting or opposing any form of unlawful discrimination harassment.

30

APPENDIX 5

TRAVEL & ENTERTAINMENT REPORT INSTRUCTIONS

HELPFUL HINTS

Please be aware of the following:

A. Use the computerized version of the expense report form when submitting expenses for

reimbursement. Contact Accounts Payable for a copy of the correct file.

B. Both sides of the form must be completed and should cross-reference.

C. All foreign expense reports should be submitted with a copy of your credit card statement, which reflects the charge in foreign currency or the US dollar equivalent. If unavailable call Accounts Payable for the Wall Street Journal exchange rate for that period.

D. Out of town travel requires that the receipts be segregated by date as well as type of expense.

E. Advances received by the employee must be entered in the “Less advance” line and are a

reduction of the amount to be reimbursed to the employee.

F. Supporting documentation should include original invoices and proof of payments, preferably

a credit card receipt. Proof of payment can include both sides of a canceled check. If a credit

card is not used, an explanation must be provided and the receipt must be attached and reflect

the name, address, telephone number of the restaurant/establishment, as well as the date and

price.

G. Please note that although the form contains the notation "SS#" at the end of certain account numbers, this notation is for Accounts Payable use only.

H. In-town and out-of-town expense reports should be submitted separately.

I. Reports should be submitted in a timely manner. Expense Reports should not include more

than one business trip at a time. All Travel and Entertainment expenses should be submitted

for reimbursement within a month of expenditure.

J. All receipts should be attached to an 8-1/2" x 11" sheet of paper with scotch tape. NO

STAPLES.

31

RECEIPT AND ACKNOWLEDGMENT

This is to acknowledge that I have received a copy of the Mandalay Baseball Properties, LLC

Seasonal Employee Handbook. I understand that this Handbook sets forth the terms and

conditions of my employment as well as my rights, duties, responsibilities and obligations of

employment with the Company. I understand and agree that it is my responsibility to read and

familiarize myself with all of the provisions of the Handbook. I further understand and agree that

I am bound by the provisions of the Handbook, particularly the provision relating to the

mandatory, binding arbitration of any employment related dispute. I understand that by

agreeing to arbitration, I am waiving the right to a trial by jury of the matters covered by the

"Arbitration" provisions of the Handbook and have also signed a supplemental

acknowledgement that I understand and agree to the Mandalay Baseball Properties, LLC’s

Binding Arbitration Policy.

I understand that nothing in this Handbook creates or is intended to create a promise or

representation of continued employment and that employment at the Company is at will,

which means either the Company or I have the right to terminate the relationship at any time, for

any reason, unless otherwise prohibited by law.

I understand the Company reserves the right to amend, modify, rescind, delete, supplement or

add to the provisions of this Handbook, as it deems appropriate from time to time in its sole and

absolute discretion. I further understand that no agent of the Company, other than Chief

Executive Officer, Executive Vice President or the Chief Financial Officer, can enter into an

agreement with me for a specific period of employment, for employment in a specific position,

for employment at a specific rate of pay, or otherwise modify or amend the Terms of

Employment section of this Handbook, and that any contrary agreement or representation must

be in writing.

Dated: ___________ EMPLOYEE SIGNATURE