Arbitrator upholds 162-game suspension; AROD set to sueBy
Barring further court action, Yankees third baseman Alex Rodriguez will be suspended for the entire 2014 season for violating MLB’s Joint Drug Argument, arbitrator Fredric Horowitz has decided. Horowitz has upheld A-Rod‘s ban but has reduced MLB’s penalty from 211 games to 162 (plus any Yankee playoff games). Essentially, A-Rod was allowed to play out the 2013 part of his suspension while appealing, but the initial penalty has been upheld.
Rodriguez has issued a statement vowing to appeal the suspension in federal court, but his faces long odds as federal courts are reluctant to overturn arbitration rulings absent obvious factual issues, gross misconduct on the part of the arbitrator or if the award was based on corruption, fraud, or undue means. Even then, courts grant broad discretion to arbitration rulings, especially those that arise out of collective bargaining arrangements.
“The number of games sadly comes as no surprise, as the deck has been stacked against me from day one. This is one man’s decision, that was not put before a fair and impartial jury, does not involve me having failed a single drug test, is at odds with the facts and is inconsistent with the terms of the Joint Drug Agreement and the Basic Agreement, and relies on testimony and documents that would never have been allowed in any court in the United States because they are false and wholly unreliable. This injustice is MLB’s first step toward abolishing guaranteed contracts in the 2016 bargaining round, instituting lifetime bans for single violations of drug policy, and further insulating its corrupt investigative program from any variety defense by accused players, or any variety of objective review.
I have been clear that I did not use performance enhancing substances as alleged in the notice of discipline, or violate the Basic Agreement or the Joint Drug Agreement in any manner, and in order to prove it I will take this fight to federal court. I am confident that when a Federal Judge reviews the entirety of the record, the hearsay testimony of a criminal whose own records demonstrate that he dealt drugs to minors, and the lack of credible evidence put forth by MLB, that the judge will find that the panel blatantly disregarded the law and facts, and will overturn the suspension. No player should have to go through what I have been dealing with, and I am exhausting all options to ensure not only that I get justice, but that players’ contracts and rights are protected through the next round of bargaining, and that the MLB investigation and arbitration process cannot be used against others in the future the way it is currently being used to unjustly punish me.
I will continue to work hard to get back on the field and help the Yankees achieve the ultimate goal of winning another championship. I want to sincerely thank my family, all of my friends, and of course the fans and many of my fellow MLB players for the incredible support I received throughout this entire ordeal.”
For MLB, this suspension is largely unprecedented. The JDA allows for a 50-game ban for an initial failed test, but it also grants the commissioner power to suspend a player for “just cause.” Horowitz has apparently upheld a broad grant of power in this “just cause” provision, and ARod’s suspension becomes the largest in MLB history over PED use, suspected or otherwise.
For the Yankees, this leaves a gaping hole on the left side of the infield. Already filled with old or fringe players, the infield has no third base anchor, and the remaining free agent market is weak, to say the least. (Just say no to Michael Young.) The team will get to save $25 million of A-Rod’s salary, less a $3 million signing bonus, but I’d rather see a better team on the field than Plan 189 or more money in the Steinbrenner family’s pockets. The gap his bat leaves in the lineup is significant as well, and the team is, as currently constructed, worse without A-Rod than with him.
The Players’ Association, meanwhile, issued a statement as well: “The MLBPA strongly disagrees with the award issued today in the grievance of Alex Rodriguez, even despite the Arbitration Panel’s decision to reduce the duration of Mr. Rodriguez’s unprecedented 211-game suspension. We recognize that a final and binding decision has been reached, however, and we respect the collectively-bargained arbitration process which led to the decision. In accordance with the confidentiality provisions of the JDA, the Association will make no further comment regarding the decision.” They are, in effect, washing their hands of this mess and, it seems, ceding power to Bud Selig and the Commissioner’s Office. That’s a risky move.
Some fans who despised A-Rod will rejoice; others who loved him, warts and all, and loved watching him hit will not. It’s not a good day for baseball though as shady dealings and PED use remain in the headlines.