Baseball for the Thinking Fan

Login | Register | Feedback

btf_logo
You are here > Home > Baseball Newsstand > Baseball Primer Newsblog > Discussion
Baseball Primer Newsblog
— The Best News Links from the Baseball Newsstand

Tuesday, January 14, 2014

Thurm: Rodriguez Arbitration Decision A Clean Sweep For MLB

And I thought this was fast stacking!

Wait a second. The Players Association argued that the maximum penalty was 50 games as a first violation, but that Section 7.G.2 provided the “governing framework”? And that Section 7.A. — which does contain the 50-100-lifetime penalty scheme — doesn’t apply when there has been “continuous use or possession of multiple substances”? Frankly, that doesn’t make a lot of sense, and it makes me wonder if the Players Association didn’t clearly articulate its view of the governing agreements or the arbitrator misconstrued the union’s position.

Moreover, the arbitrator’s interpretation of Section 7.A. omits a key portion of the language. He points to the first part of the section that talks about a player “who tests positive for a Performance Enhancing Substance” (his emphasis) and concludes that the section couldn’t apply to a situation involving evidence of multiples uses of a PED. But he completely ignores the second part of the section: a player who otherwise violates the Program through the possession or use of a Performance Enhancing Substance will be subject to the 50-100-lifetime regime (my emphasis). What does that language mean if it doesn’t apply to players found to have used or possessed PEDs absent a positive drug test?...

In other words, 50-game suspensions can be stacked one on top of the other when MLB has evidence that a player used one or more PEDs on multiple occasions.

Think about that. When a player tests positive for a PED, and it’s the first violation, he is suspended for 50 games. But how many players use a PED only one time and that just happens to be when he is tested? Isn’t is more likely that a player who tests positive for PEDs had used on multiple occasions over an extended period of time?

And yet the arbitrator’s decision grants MLB broad powers to discipline players much more harshly when the league’s own testing program fails and the league develops independent evidence of use.

Whatever you think of Alex Rodriguez, Tony Bosch, and the entire Biogenesis mess, it’s hard to accept such an absurd legal result.

The District Attorney Posted: January 14, 2014 at 02:07 PM | 2 comment(s) Login to Bookmark
  Tags: alex rodriguez, legal, ped, yankees

Reader Comments and Retorts

Go to end of page

Statements posted here are those of our readers and do not represent the BaseballThinkFactory. Names are provided by the poster and are not verified. We ask that posters follow our submission policy. Please report any inappropriate comments.

   1. thetailor Posted: January 14, 2014 at 05:49 PM (#4638976)
This is a really good analysis. Essentially, the MLBPA got hosed on the JDA. MLB can stack punishments, despite the fact that the JDA says:

“If a player tests positive for multiple substances, he will only be punished for the singular substance that allows for the longest ban”.

It's really amazing, what's happened here. A-Rod had a non-analytical positive, which allowed them to circumvent the above despite the plain language and intent of the agreement.

The players have no protection here. Not only can MLB stack punishments, but can use the "best interests" clause to essentially render the JDA useless. I dislike A-Rod as much as the next guy, and think he should be suspended and yada yada, but honestly, this appears to be an enormous failure on the MLBPA's part in collectively bargaining it this way.
   2. Ray (RDP) Posted: January 14, 2014 at 10:25 PM (#4639148)
Thurm has been excellent on this subject.

You must be Registered and Logged In to post comments.

 

 

<< Back to main

BBTF Partner

Support BBTF

donate

Thanks to
Francis
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogESPN: Brian Roberts retires
(21 - 6:18am, Oct 20)
Last: vivaelpujols

NewsblogHow long of a season does it take before talent beats chance? - Beyond the Box Score
(32 - 5:42am, Oct 20)
Last: Sunday silence

NewsblogBrisbee: The 5 worst commercials of the MLB postseason
(95 - 5:19am, Oct 20)
Last: Dr. Vaux

NewsblogSielski: A friend fights for ex-Phillie Dick Allen's Hall of Fame induction
(56 - 4:13am, Oct 20)
Last: Sunday silence

Hall of MeritMost Meritorious Player: 1959 Ballot
(2 - 3:12am, Oct 20)
Last: bjhanke

NewsblogOT:  October 2014 - College Football thread
(439 - 2:48am, Oct 20)
Last: AuntBea

NewsblogOT: Politics, October 2014: Sunshine, Baseball, and Etch A Sketch: How Politicians Use Analogies
(2527 - 2:06am, Oct 20)
Last: Joe Kehoskie

NewsblogJosh Byrnes seen as a leader for job under Dodgers president Friedman - CBSSports.com
(4 - 1:54am, Oct 20)
Last: Joyful Calculus Instructor

NewsblogJAVIER prospect comparison system, now with speed! - Beyond the Box Score
(1 - 1:34am, Oct 20)
Last: Walt Davis

NewsblogOT: Monthly NBA Thread - October 2014
(260 - 1:22am, Oct 20)
Last: Norcan

NewsblogDombrowski told that Iglesias 'will be fine' for 2015
(18 - 1:14am, Oct 20)
Last: Cooper Nielson

NewsblogCould the Yankees ever be Royals? Young and athletic K.C. is everything that Bombers are not - NY Daily News
(9 - 12:43am, Oct 20)
Last: Dr. Vaux

NewsblogAngell: Gigantic
(33 - 12:41am, Oct 20)
Last: Steve Treder

NewsblogCardinals proud of fourth straight NLCS appearance | cardinals.com
(30 - 10:52pm, Oct 19)
Last: SoSHially Unacceptable

NewsblogJoe West named ALCS crew chief
(44 - 9:55pm, Oct 19)
Last: tfbg9

Page rendered in 0.1820 seconds
52 querie(s) executed