Major league umpires opposed to Richie Phillips' leadership of their union agreed Friday to form a new union and seek certification to represent all umpires, according to a report in the New York Times.

About 40 umpires participated in a conference call, during which it was decided to go ahead with the plan, according to an unidentified source who talked to the Times. The umpires created an organizing committee and plan to petition the National Labor Relations Board as soon as possible for an election.

John Hirschbeck, Joe Brinkman and Dave Phillips -- all American League umpires -- have been the leaders of the anti-Richie Phillips faction and are among the members of the new organizing committee.

Under federal labor regulations, an election would give members of the umpires' bargaining unit the choice of the new union, the existing union or no union at all. A majority of the votes cast would determine the outcome.

The key to a vote could be the status of the 22 umpires who lost their jobs last week. The pro-Phillips members will argue that they should be allowed to vote because they continue to be paid as umpires, even though they are not working. If the NLRB allows them to vote, the bargaining unit would have 93 member umpires; if not, the number would be 71.

The board would very likely allow the 22 to vote but hold their votes out of the tally until the arbitration case seeking to restore their jobs is completed.

The Major League Umpires Association, which has existed for 21 years, is headed by Phillips, a Philadephia-based lawyer, who has been a hard-edged negotiator in previous bargaining for labor agreements with the National and American leagues.

After Phillips orchestrated a strategy of mass resignations in July in an attempt to force early negotiations on a new contract for the umpires, a sizable group of umpires -- mostly in the American League -- backed away from the plan. Some did not sign letters of resignation and others quickly rescinded their resignations.

The move created a split in the umpires' ranks, primarily along league lines. The two sides have sniped at each other for weeks and the heated words escalated when the 22 umpires lost their jobs. The leagues accepted their resignations after they hired 25 new umpires.

The group opposed to Phillips' leadership has said it counts at least 39 umpires who are prepared to vote for a new union. The person who was on the call Friday told the Times some of the umpires also on the call were not included in that group of 39.

The umpires who oppose Phillips have said his style of bargaining was the way to go in earlier years but no longer fits the times. If a new union is formed, these umpires want to make it more open than they say the existing union has been under Phillips.

Ron Shapiro, a Baltimore lawyer, has been advising the insurgent group but would not be expected to represent a new union, the source said.