Heyman: Yankees are “confident” they can void A-Rod’s home run milestone bonuses

Only wrong answer at top of the lineup is one that doesn't include Ellsbury and Gardner
New pace of play rules mean several Yankees will have to make adjustments in Spring Training
(Rich Schultz/Getty)
(Rich Schultz/Getty)

As much as they wish they could, the Yankees are unable to avoid the three years and $64M left on Alex Rodriguez‘s contract following last year’s suspension. They are attempting to void the $30M in historic home run milestone bonuses however, and Jon Heyman reports the team is “confident” they will be able to get out of the five $6M bonuses.

Long story short, the wording of the marketing agreement — it’s a marketing agreement, not a player contract, because MLB contracts do not allow bonuses based on stats like homers and RBI — allows the Yankees to say the homers are not be historic due to Alex’s performance-enhancing drug history. Here’s more from Heyman:

Yankees people are said to be confident A-Rod wouldn’t prevail in the expected skirmish over the $30 million, not only because of their belief that his drug missteps have rendered his marketing value nil, but also because of the phrasing in the agreement that requires that the Yankees “designate” the historic home runs as milestones, and perhaps even more importantly, the potential to call him to the stand under oath should he challenge their decision to refuse to pay, as is his right.

The clause, at one point, reads, “The Yankees are under no obligation to exercise its right to designate a historical accomplishment as a milestone provided that its decision is made in good faith and in accordance with the intent of the parties in the covenant.”

Heyman says A-Rod even contacted Scott Boras because he could be a witness in a potential grievance hearing. Boras was Alex’s agent at the time and negotiated the homer bonuses, but he reportedly declined to help Rodriguez even though he would be able to make a commission on the bonuses. (A-Rod fired Boras a few years ago.)

Boras might not back Rodriguez during a potential legal battle, but the union sure would. They legally have to because Alex is a member. It doesn’t matter that he sued them — the suit was eventually dropped, but still — last year as part of his scorched earth tour. Besides, the MLBPA doesn’t want to set any sort of precedent by allowing a team to void an agreement with a player.

Anyway, I’m no lawyer, but it sounds like the Yankees are going to say they decided in good faith the homers are not historic and more or less dare A-Rod to come after them and potentially testify under oath. The bonuses are pretty obviously historic though. The specific milestones (homers 660, 714, 755, 762, 763) in the agreement correlate to tying the four highest homer totals in history and taking over as the home run king. I mean, duh.

In reality, we’re talking about one $6M bonus. A-Rod is six homers away from tying Willie Mays on the all-time list with 660 dingers, but getting to 714 homers to tie Babe Ruth seems like a long shot. Alex would have to hit 60 homers from ages 39-41 after hitting 41 homers from 35-38. Doable? Sure. But it is unlikely at this point of A-Rod’s career. Is it worth the trouble to save $6M? Probably. But proving the milestone homers are not historic sounds like a tall order.

Only wrong answer at top of the lineup is one that doesn't include Ellsbury and Gardner
New pace of play rules mean several Yankees will have to make adjustments in Spring Training
  • blake

    Pretty petty if you ask me…..if they are so sure they can save the 6 million then they should have used that on Moncada…..

    Once again Yankees…..cut him or cut the crap…..it’s not good for the club…..

    You could have saved the money by releasing him! Nobody else would sign him most likely and hit couldn’t hit the homers…..you chose to not do that so live with it

    • Need Pitching & Hitting

      Why would anyone flush $6M down the toilet if they don’t need to?

      • blake

        They could release him if they don’t want to pay it that much….I don’t think stirring up a hornets nest with one of their players or the Union is the best idea during the season

        • Need Pitching & Hitting

          Probably doesn’t hurt them.
          Why release him if they could potentially get something useful out of him, or potentially save more via insurance in case of injury?
          It’s not just about the $6M. I’m sure they’d rather get some value left and ARod and still not pay the $6M. That would be the ideal outcome for them.

    • Pkyankfan69

      One thing is certain, Hank is getting his water jet pack if they save the $6M on Arod

    • Dwnflfan

      There is nothing petty about $6 million.

      • blake

        I don’t think they can win the 6 million back anyway….

        • Dwnflfan

          You’re basing this on what exactly? Is the contract available to the public?

          • blake

            no but the union will fight it hard. We will see but again I don’t really think it’s great for the club to be continually fanning this flame. From what I’ve seen it’s going to be a very subjective thing for a judge to decide…..if something is still a milestone or not?

  • HoopDreams

    They made their own bed with this situation and now they want out of it. Dumb and a waste of time continuing the strain of the relationship is just making matters worse

  • Jorge Steinbrenner

    I’m glad they’re focusing on the important things here.

  • Chase Heddardly

    I agree with their legal analyses, the HR’s are no longer an historic achievement, and it is an historic not a historic. I liked how Hal said yesterday, “A-Rod’s a natural.” Nice little shot there. The Yankees should be trying to recoup as much as they can from this debacle. A-Rod brought this all on himself. He used PEDs, he sued MLBPA and the Yankees, he created this circus.

    • Sir Didi Odell Nakamura Jr

      He signed a contract, he gets what he signed for. This isn’t about his character.

      • Jorge Steinbrenner

        Replied to eddard seriously. Five yard penalty. Still second down.

        • Sir Didi Odell Nakamura Jr

          Didn’t realize it was him until after I clicked post… Rookie mistakes will kill you in the RABFL.

          • Danny Aiello Jr.

            He’s crafty with the name changes. But you need to look that safety off before replying Eli.

            • Sir Didi Odell Nakamura Jr

              Now I’ll forever be known as the guy who replied to Eddard seriously… Shit

      • Need Pitching & Hitting

        Apparently the contract explicitly says the Yankees don’t have to designate the historic HR’s as milestones eligible for the bonus.

        • Sir Didi Odell Nakamura Jr

          That would be different then

      • HoopDreams

        Gotta be careful Naka, sometimes the name can fool you. I had to squint hard a couple times to catch the eddard portion of the name

  • Sir Didi Odell Nakamura Jr

    Whatever the contract language is, if it’s simply just “historic” then A-Rod should win. How can it not be historic if he passes Babe Ruth or the other milestones? He won’t, but it’s historic. No getting around it. Using PEDs as a basis also seems way too wishy-washy. The players union already doesn’t allow steroids to cause problems in contracts and that’s exactly what the Yankees are trying to do. I don’t get it, I don’t see how they have a case even.

    • Jorge Steinbrenner

      Agreed. I just don’t get it either.

      • Danny Aiello Jr.

        Just let it go. They should want Alex to get all of those bonuses because it means he is performing and helping us. Who cares if he is a grade A piece of scum. If he can help the club win ballgames, pay the man. Like it was said below, cut him or cut the crap.

        • Sir Didi Odell Nakamura Jr

          I think it’s more of the first one. He’s for sure getting that 6th home run. I mean how can you bet against that happening? In all likelihood it’s going to happen. They aren’t expecting the 714 barrier to ever happen so it’s really just about $6m and not $30m.

          • Danny Aiello Jr.

            I hope he gets them all. But you’re 100% right, this is probably about just this 6th one, I don’t realistically see him hitting more than 12-15 a season ever again.

            • Sir Didi Odell Nakamura Jr

              I hope so too, but yeah it’s about 660.

    • Andrew_Jackson_Pollock

      I agree as well. I don’t see them not having to pay, but I do enjoy the mental image of Randy Levine screaming about how they’re being robbed to whatever unfortunate hairdresser has to do his monthly perm.

    • Moncada’s Codpiece

      The Bonds homers were also historic. They may have to argue that if they get to argue about comparables.

  • The Original Drew

    Someone tell me again how the Stein Boyz aren’t being cheap again? If Alex is hitting the HRs it means it’s helping the team. Helping the team = wins. Isn’t that what matters? 6 million is nothing to someone’s net worth is in the billions. So so dumb.

    • Jorge Steinbrenner

      I don’t think it’s that simple, but it absolutely invites more people saying things like this. Sure.

      • The Original Drew

        I don’t think it is either but that is just my #hottake

    • Need Pitching & Hitting

      Depends how long it takes. 6 HR’s over 3 years isn’t helping the team.

    • Sir Didi Odell Nakamura Jr

      That’s not really being cheap. They truly feel they shouldn’t have to pay $6m, that’s not being cheap, that’s trying to get yourself out of paying a fee you don’t believe you should pay. That’s perfectly respectable for them to want to do that. Now do I agree with their points, no. But it’s not cheap of them.

    • troach42

      I honestly don’t think this is even about the money. The Yankees routinely pay players $6 million for depth (see Capuano, Chris as a recent example). This is about tweeking a player that some in the organization cannot stand. It is petty and pathetic, quite frankly. My only hope is that these reports are not really reports of how the organization leaders feel, but some schmuck talking to a reporter like Heyman or Feinsand and getting it put in the paper as how the “organization” feels.
      If this is truly how the Yankees brass feels about this situation, than this disgusts me far more than any personnel move they have or have not made this off season (or for the past many, many years to be exact). This is the kind of thing that shitty organizations do to their players, not the Yankees. Nobody held a gun to their head when the agreed on the contract. If they are so sick of A-Rod and want him gone, then they have a simple recourse – cut him. You owe him the $61 million whether he plays another game for you or not. But this petty “death by a thousand cuts” that is going on in the media is a joke. And it is starting to piss me off.

      • Sir Didi Odell Nakamura Jr

        This is absolutely about the money. They aren’t doing this to say “fuck you” to A-Rod. They don’t want to give up $6m.

        • troach42

          Fastest way to guarantee that they won’t have to pay the $6 million? Cut him. Don’t ask him to contribute to the team and then refuse to pay him what you agreed to pay him if he contributes.

          • Sir Didi Odell Nakamura Jr

            I agree. But they can try to get something out of him which is why he shouldn’t be released.

        • Austinmac

          Yep.

      • Tar

        “This is the kind of thing that shitty organizations do to their players, not the Yankees. ”

        The only thing I disagree with. This is exactly the type of thing this current Yankee organization does. It’s why I despise Cashman so much. Way more about that kind of thing, than any move or non move.

        • Sir Didi Odell Nakamura Jr

          What does Cashman have to do about paying a bonus in a players contract? He doesn’t pay the players.

          • Tar

            STFU…just in case you wondering about motivation for this thing. There is an obvious disdain and hate from the GM towards one of his players. He doesn’t even try to hide it.

            • Danny Aiello Jr.

              That reply still fails to acknowledge when Cashman pays his bonus.

            • Moncada’s Codpiece

              ….and pretty much the whole organization. Cashman has got next to nothing to do with this.

            • Sir Didi Odell Nakamura Jr

              You are the one who mentioned Cashman with no relevance to him.

    • Dwnflfan

      He hits the homers and helps the team whether he gets the bonus or not.

  • Tar

    “Yankees people are said to be confident A-Rod wouldn’t prevail in the expected skirmish over the $30 million, not only because of their belief that his drug missteps have rendered his marketing value nil, but also because of the phrasing in the agreement that requires that the Yankees “designate” the historic home runs as milestones”

    I’m a fan and I say they are historic….In fact I will by a souvenir from the Yankees if they put one out there. So to say the marketing value is nil, is false.

    • Sir Didi Odell Nakamura Jr

      Agreed, the marketing is there for sure. Maybe not for 660, but for the others, very much so.

  • furioustoaster

    I’d believe this if the source was anyone but Heyman.

    • Sir Didi Odell Nakamura Jr

      This is out there and I’m pretty sure the Yankees have already said it’s an issue going on. It’s legit.

      • furioustoaster

        They said they would look into it I remember, but for them to say “we think we have a good shot” is absurd. Who would have knowledge of a legal matters like that and also have diarrhea of the mouth?

    • Moncada’s Codpiece

      Someone within the organization is feeding it to Heyman, so there’s really no reason not to believe the stance.

      • furioustoaster

        Except that it’s Heyman, and I don’t believe that anyone in the organization is actually feeding him any information. Mostly because his “inside sources” are wrong about 95% of the time.

  • blake

    The Yankees made their bed with Arod…..now lay down in it or release him. But please do one or the other so the players and everyone else can move on

    • Austinmac

      This fight will be after the season and won’t impact anything. The Yankees are clearly not getting what they bargained for, even though it was silly to start with.

      • blake

        If he hits the 6 homers when is the money due to him?

  • Danny Aiello Jr.

    Hamilton relapse involved Cocaine and Alcohol. Probably going to get suspended but the odds this story overshadows that on ESPN?

    • Sir Didi Odell Nakamura Jr

      100% chance it gets overshadowed by A-Rod swinging and missing on a batting practice pitch.

      • Danny Aiello Jr.

        Pentland bringing the gas? He obviously wanted to show up A-Rod.

        • Sir Didi Odell Nakamura Jr

          Pentland doesn’t want to show up A-Rod, he just does.

    • HoopDreams

      Id be refreshing twitter all day if it was discovered ARod did cocaine

      • Danny Aiello Jr.

        It would break the internet.

      • Sir Didi Odell Nakamura Jr

        I don’t even know what the MLB would do if that happened

        • Danny Aiello Jr.

          I think their heads would explode.

      • Austinmac

        Anabolic cocaine?

  • Guest

    Mike loves that Photo. As do I. I just made it my phone background.

  • Austinmac

    I think the Yankees should be confident. Surely, they can say in good faith passing these milestones are no longer historic on a marketing and income side.

    • Danny Aiello Jr.

      I don’t know. I think the amount of reporters and fans there to see him break it (for the right or wrong reasons) would increase and the media would be talking about the Yankees. Talking about the Yankees is good for them, as Madonna (ironic) said no publicity is bad publicity.

      • bernbabybern

        The Yankees can try to say it’s not a milestone but the fans and media may say otherwise.

  • Pkyankfan69

    Funny how the Yankees wanted Arod to apologize before spring training to get that part of the circus out of the way prior to the season and then the Yankees go ahead and add fuel to the fire with this crap right at the beginning of the season themselves. Cut Arod and be done with him or stop with this BS.

    • Yankee Trader

      I believe they told him this when they sat down with him in NY weeks ago.

      • Need Pitching & Hitting

        yep. It’s old news.

    • W.B. Mason Williams

      It is the least clinical aspect of what is supposed to be a clinical organization. And I hate it.

  • W.B. Mason Williams

    I really can’t wait until the two parties are past the point of the “dick-bag eating” exchanges.

    Seriously, it seems like both parties are bottom-sucking the contracts for anything that can be used as a weapon.

    Let’s get the bad blood out now.

    He’ll be here for 2 more years afterward anyway.

    • The Original Drew

      I remember when Alex signed the extension and thought, “Wow by the time Alex’s contract is up I will be 30 years old”. Its rapidly approaching. I am not sure how to feel. Joy that the Yankees will be financially free to make moves or terrified that I will be 30.

      • Moncada’s Codpiece

        I’m four months to 30. I will have to finally declare that I can’t play in the majors while being the country’s youngest senator. Fear of the Day, indeed.

      • W.B. Mason Williams

        God willing you’ll be celebrating another World Series or two before 35.

  • Moncada’s Codpiece

    If I remember right, these bonuses do factor into luxury tax calculations, so there could be savings beyond the $6 million (plus any costs associated with “marketing” that may be in the contract). Still, I have to wonder if it would just be worth eating the cash to keep this out of the press.

    • Austinmac

      Six million plus 50% bonus. Nine million could have made a difference recently. Everything is about the money.

      • Moncada’s Codpiece

        About halfway to bridging the gap for He Who Shall Not Be Named. Though it’s still Stephen Drew’s fault, natch.

  • Guest

    Hard to defend the out of touch Yankees FO after this one. Not cheap eh? then why get a cost controlled SS, take the 5 million out of Moncadas reach and instead give it to Drew, and try to get out of ARods bonuses? instead of trying to create more bad blood, just have him focus on baseball and nothing more. Idiots

    • Need Pitching & Hitting

      Drew has nothing to do with Moncada. Signing one player isn’t going to change their valuation of the worth of a prospect.
      There’s a difference between being cheap and being smart. Not wanting to pay $6M (really $9M with luxury tax) unnecessarily seems more smart than cheap.

      • http://batman-news.com nyyankfan7

        but it’s only 9 million – Hal wipes is ass with $1000 bills and it’s not like ARod has done anything to deserve the Yankee management’s hatred.

        • Need Pitching & Hitting

          lol

  • blake

    I do think it’s interesting that Heyman mentions Boras….because we all know that Heyman is Borat’s go to guy to get info out. Wonder if he’s actually then one that told him this stuff…….

    • Austinmac

      I wouldn’t bet against it. Have the Yankees said anything publicly?

      • blake

        not that ive heard….

    • Jorge Steinbrenner

      He should absolutely hire Borat as agent since, according to the past two days on here, Hal’s mangina hangs like sleeve of wizard.

      • blake

        very nice…how much?

  • blake

    Jack Curry ?@JackCurryYES 4m4 minutes ago
    ARod made a few pivots/throws from SS during fielding drills. He was just having some fun. He will NOT play any SS for Yankees.

    Arod, Arod, Arod, Arod, Arod,Arod…. the NY Arods

  • Yankee Trader

    ARod dumped his latest agent, so he has no one now.

    Still it’s 9M as the Yankees are certainly going to be over the 189M threshold by the end of the upcoming season

  • bernbabybern

    I think some lawyers will be getting some of this 6 million.

    • Austinmac

      Paid for their work? I would hope so.

      • Yankee Trader

        Didn’t he shaft the legal team? They’ll have to sue!

        • Yankee Trader

          This was written in March 2014:

          “According to a Newsday source, for whatever reason A-Rod has neglected to pay off all his bills two months later and still owes his attorneys and private investigators as much as $3 million. The report goes on to state Rodriguez’s lawyers have been reaching out over the past few weeks but by and large have been ignored in their attempts to collect.”

        • Austinmac

          His legal team either gave him awful advice or he wouldn’t listen. I would guess the former.

      • bernbabybern

        not meant as a slight

  • LiamInAlbany

    The dugout lounge pic returns!

  • bernbabybern

    Can you imagine Arod reaching 714 and the Yankees being stone cold silent?

    • W.B. Mason Williams

      I would buy the fucking t-shirt for every friend I’ve ever had.

      • Danny Aiello Jr.

        There would be trolling text messages, tweets and facebook posts just to drive home the point.

    • Austinmac

      I don’t foresee another sixty homers.

      • bernbabybern

        20 per year is doable if he can stay healthy as a dh and hit for enough avg to stay in the lineup.

        • Austinmac

          Not impossible, I suppose, but that is a lot of healthy, productive days as he turns 42. Guys don’t last that long much these days.

  • Gold Glove Caliber

    Why can’t they just focus on him playing baseball instead of constantly instigating issues? they never fucking learn. Heard the showing at GSF with the full workouts was damn near empty, who would have thought, the team screams mediocre.

  • Tony Parr

    Pathetic you signed a contract pay the man. If he hits enough to warrant payment of even the 2nd bonus it’s a good thing. So the self proclaimed not cheap front office is squabbling over 6 millions bucks they agreed to pay. You would think they would want him to focus on being productive and not answering questions about this stupidity. Shameful

    • W.B. Mason Williams

      I hate the squabble, I really do, but this is about as outside of good faith as things can get.

      The Wilpons deserve their money back more than A-Rod deserves these bonuses.

      Still, the public feud is childish bullshit.

      • Austinmac

        Have the Yankees made it a public feud?

      • Tony Parr

        They can never be certain that the milestones aren’t marketable if they refuse to try to capitalize on them. I’m pretty sure from what I’ve seen at least, there wasn’t any mention of peds or the like in the contract. So they are attempting to void the bonuses by saying that the milestones aren’t profitable from a merchandise standpoint, but how can they determine that?

  • Austinmac

    What else could that contract language refer to if not for this type of situation?

    • Need Pitching & Hitting

      Exactly my thought. It seems the parties envisioned some scenario(s) where the bonus would not be paid at some points.
      The only other possibility I can think of would be they wanted to keep the specific milestones triggering the bonuses fluid in case somebody reached them before ARod.

    • blake

      sure but it’s not spelled out then how much clout does that carry? If there is no specific PED language in the contract then it seems like the whole thing would be a dispute over whether or not the Yankees could in “good faith” claim that 660 homers is no longer a milestone……seems flimsy

      • Need Pitching & Hitting

        In what other scenario would that clause apply then?
        It was put there for some reason.

        • blake

          I dont’ know….if he committed a real crime or something maybe…..but that’s exactly my point…..if it’s not spelled out what exactly the clause means then that’s harder to run with I think

          • Need Pitching & Hitting

            I definitely don’t think they have a slam dunk case, but I’d think the current situation would be about as close as any possible reason to be a “good faith” reason to not declare a milestone subject to bonus.

            • blake

              yea maybe….as I said above if the Yanks do get out of the bonuses then I think it’ll be because Alex want’s to avoid testifying more than anything else.

      • Austinmac

        It carries great clout as an important qualification before the money is due. It would be a fact question for a court or jury to decide whether the Yankees have such good faith. I think they would win, but there are no guarantees in law or life.

        • blake

          you’re the lawyer…..I just wish this stuff would go away

          • Austinmac

            At the end of the day, I do too.

  • blake

    “The clause, at one point, reads, “The Yankees are under no obligation to exercise its right to designate a historical accomplishment as a milestone provided that its decision is made in good faith and in accordance with the intent of the parties in the covenant.” – See more at: http://riveraveblues.com/2015/02/heyman-yankees-confident-can-void-rods-home-run-milestone-bonuses-114963/#sthash.p364OZEs.dpuf

    Ok so I still don’t see how this gets them off…..MLB hasn’t voided records from the books for PED users…..milestones are still milestones and clearly when the agreement was made both parties considered 660, 714, and so as milestones. Unless there is specific PED language in there somewhere then I don’t see how that changes anything…..I’m no lawyer but PED penalties are collectively bargained…..I know this contract isn’t part of the CBA but unless there is something in there that basically says “if you do PEDs then the deal is off” then it’s pretty subjective and at the very least would come down to a judgment call by the judge.

    • Need Pitching & Hitting

      Definitely seems subjective. But the clause does exist, and it doesn’t seem there are any/many other realistic scenarios other than this that would trigger good faith non-payment.

    • Yankee Trader

      “in accordance with the intent of the parties.”

      Define intent in this case. Anyway ARod will also be dealing with Sucart.

      • Austinmac

        I am not sure this is an arbitration matter. It is a contract not governed by the CBA.

    • Austinmac

      The AROD side would never agree to such an overt qualification. This language was, in my opinion, put in the contract for this reason. The record books don’t change. Circumstances did.

      • blake

        still seems pretty unclear to me…..it’s vague. I guess it would come down to what the judge thought but again if the Yanks really push this then Arod may just give in to keep from having to testify.

        • Austinmac

          I would argue the entire point of a milestone contract is for marketing and income. I have no doubt that is greatly impacted.

          Yes, Alex would have to think long and hard about testifying. The Feds are always watching. So is every news media.

    • Austinmac

      I don’t think the CBA has any effect on this contract. Apples and oranges.

      • blake

        yea i know it doesn’t from a penalty standpoint but if youre the judge and you see that Barry Bonds’s records are technically still valid…..then how do you say Arod’s arent? There is no precedent in baseball for PED use to nullify records or milestones……they are still official….whether the public opinion considers them records to milestones or not. I mean many folks still consider Hank Aaron the HR king….the record book says Bonds hit the most homers.

        • Wave Your Hat

          We need to see the rest of the agreement to understand the portion that was leaked. I assumed the leaked language was the worst for ARod, other provisions may be better for his argument.

          I just don’t understand the point of leaking the language and the ongoing apparent smear campaign in the first place. What purpose does it serve?

          • blake

            they really want their 6 million dollars is all I can figure……from a PR standpoint I don’t think it’s doing anything but hurting them.

            • Wave Your Hat

              Yeah but the leaks are meaningless for that purpose.

  • David Skurnick

    In my working days, I got involved in a few lawsuits. As each trial got closer and closer, I became more and more certain that my side would win. I think that may be a common psychology, as one focuses mostly on one’s own side. For this reason, I discount the Yankee confidence. If the Yanks choose not to pay the $6 million, I have no idea who will prevail.

    • Austinmac

      As one who has practiced as a trial lawyer for many years, there is truth in that, but this is contract law. It seems fairly obvious they can claim this surprising turn of events ruined the desires to spend money and buy tickets. Again, what other circumstances could the parties been considering?

      • Wave Your Hat

        If I were ARod’s lawyer I would want to look into exactly how surprising to the Yanks that turn of events was.

        • Austinmac

          Yep.

  • cashmoney

    from the prospective of this fan, whether rod gets 6 mil or yanks nullifying it makes a squat dif to me.

    • Austinmac

      Agree, but it undoubtedly means something to ownership and could conceivably affect spending.

    • The Great Gonzo

      It only matters to the typical fan if he’s due the bonus in April, because that would mean he’s absolutely killing it.

  • Patrick

    As SG from RLYW said the other day, “This team is run by a bunch of jackasses. “

  • blake

    I think the Yankees biggest weapon here is the threat of putting Alex on the stand…..that’s a bigger threat that this clause to them being able to win IMO. Clearly Alex doesn’t want to testify under oath about this stuff…..he found a way out of it before and it might be worth 6 million dollars to him to get out of it again.

    • Y’s Guy

      He’s going to have to testify under oath in cousin Yuri’s trial next month.

      • blake

        hmm didn’t know that.

        • Y’s Guy

          People make a big deal about what Braun did to that delivery guy, who never lost his job or went to jail or anything. Compare that to what Arod has done to Yuri, who came to the U.S. to be Arod’s companion and errand boy. Yuri may well die in prison.

          • blake

            people made a big deal out of Braun’s deal for like 5 minutes….it’s mostly been forgotten…..I guess we will see what happens with the Yuri stuff.

            • Y’s Guy

              I heard Mike Francessa going off about this earlier this week on the most listened to sports show on the most listened to sports radio station. Within the past several weeks I’ve heard several other people mention something along the lines of ‘at least Arod didn’t do anybody dirty like Braun did.’

            • Y’s Guy

              OOPS! My gf just informed me I’m wrong, it was Michael Kay going off earlier this week on how despicable Braun was and how Arod ‘never did anything like that.’

          • Sir Didi Odell Nakamura Jr

            What’s this stuff about Yuri? How is he going to jail, like what’s going on here?

            • Y’s Guy

              You do realize he’s going to court on felony charges related to Biogenesis in April and Arod is going to testify, right?
              Nothing against you Sir, but I’m pretty amazed at how few people seem to know this is going on.

          • bernbabybern

            Yuri knew what he was doing, he took a chance for money, can’t do the time don’t do the crime.

            • Y’s Guy

              Yeah, I get that, but when the guy you did it for turns you in and testifies against you to save his own skin, you might feel like you got the raw end of the deal

      • Austinmac

        That should be interesting, but he can take the 5th. If he filed suit to collect the money, he would have to fully testify as a practical matter.

        • Y’s Guy

          First off, he agreed to testify, I’m quite sure it was either with a grant of immunity or an agreement that he would not be investigated if he cooperates. Taking the 5th would very likely wipe out any agreeements. Also, he was already deposed, so what he’s going to testify to is already on record. He won’t be taking any 5th.

          • Austinmac

            I don’t recall him volunteering. I suspect a subpoena invited him. Depositions are typically not done in criminal cases and don’t think he has done one. You may recall he chose to flee rather than testifying under oath at his arbitration hearing.

            • Y’s Guy

              There was a deposition which goes into detail of exactly what he was taking. It’s known, but it won’t become public record until Yuri’s trial.

          • michaelNYCUSA

            you cant plead the “5th” in a civil lawsuit

            • Y’s Guy

              Its not a civil lawsuit, Yuri’s going to prison, dude.

              • michaelNYCUSA

                no doubt – i was referring to the second part of the comment referring to the civil suit ( austin ac’s comment was not posted when i wrote mine)

                • Y’s Guy

                  ok gotcha, I should follow the arrows a little more closely!

  • yankinvegas

    Enough already.
    Alex served his way too harsh suspension.
    The Yankees should grow up. This is all Levine who is a scorched earth guy. Look at his career.
    If Alex hits 60 homers in the next years, the Yankees should pay the man.
    MLB is the biggest hypocrite around. Selig and Manfred dumped all over Alex because Clemens and Bonds beat them in court. Why don’t they investigate David Ortiz using felons like they did with Alex. I guarantee they would find out a lot. I mean the guy looked washed up at 35 and at almost 38 he hits .688 in the WS and nobody questions it? C’mon man!!
    The Red Sox are the most favored nation in MLB. Plus they have the protection of New England based ESPN. Again, they received extremely mild criticism for Moncada. If we would have signed him, Selig would have had a stroke and ESPN and Lupica and Verducci would have gotten laryngitis and carpal tunnel from complaining so much.
    And why no ripping of that douche Lucchino. Is he nuts? Does he really think any neutral person doesn’t lump them with us and LAD? Of course they do.

    • Y’s Guy

      funny you accusing the Yankees of being ‘scorched earth’ guys, I’m pretty sure they didnt start that. And the suspension was not too long. But otherwise the Yankees should shut up about it, he did his time and hasn’t earned any HR bonuses yet.

      • yankinvegas

        No other player got more than 50 games + the 15 extra that Braun got. Plus no other player was killed in the media daily to the point of piling on and abusive

        • Y’s Guy

          ever hear of a ‘plea deal?’ You concede that you did it and take a lesser punishment for doing so. Every other player took one and got less, that’s how it works.

  • Y’s Guy

    “there is no say, there is only do” shut up till/if it happens. Yankees FO is off the rails about Arod right now.

  • TCF16

    Regardless of the merits of their argument, what good is served by leaking the specific contract details now and publicly telegraphing their position? For all of ARod’s mishegas, the Yankees are just as bad. Just STFU about it publicly until it’s actually an issue.

    • I talked to Barzini

      Because the only way they’re going to succeed in destroying the bonuses is to, as Mike said, dare Alex to come after them and ultimately testify under oath. Which, if he did do, he would be publicly shamed and humiliated once again.

      Its pretty nasty, but they have to do something.

      • bernbabybern

        He already got a year suspension, what more is there to say?

        • I talked to Barzini

          They can’t just do nothing and hand out millions of dollars for things that don’t benefit them in any way. It doesn’t make any sense.

          • The Great Gonzo

            Sure they can. Why can’t they? They signed a contract. They need to weigh if its worth spending money to fight the union on this or not.

            My opinion, its not worth it. Pay the man and lets be done with the bullshit already.

    • Austinmac

      Right now it is only a theoretical issue. No court would decide yet because of that.

  • Douglas Rau

    Is there really any chance that with 2 surgically repaired hips, he has another 50 home runs left in that body? If not, we’re talking about one $6 million bonus which is nasty but really, at this point, what’s another $6 million when he’s already costing them $61 million? It’s like paying the luxury tax on the international free agents if they had sign Moncado–they’re already so deep in, does it really matter how much more they sink?

    • http://cnn.com/ Magic Rat

      Just use the money collected from whoring out the Stadium to MLS.

      • Sir Didi Odell Nakamura Jr

        How many times do I have to say it, the stadium doesn’t whore itself out, HAL whores himself out.

      • Sir Didi Odell Nakamura Jr

        How many times do I have to say it, the stadium doesn’t whore itself out, HAL whores himself out.

      • Douglas Rau

        The old Stadium was used for other, non-baseball things as well.

        • Moncada’s Codpiece

          Including soccer, if I remember right. Those bastards. How can it be used for two things?

  • captainmike

    these would be historic events,,,,,, lots of fans will go to throw garbage at him

  • Moncada’s Codpiece

    Boston laughs at us because of this.

    • blake

      and Big Papi still has 15 bottles of PEDs hidden in the Everglades somewhere that nobody cares about

      • Moncada’s Codpiece

        That explains the crocodiles down there.

        • Austinmac

          They were garden lizards. But, as many would argue, it doesn’t help their hitting.

          • Moncada’s Codpiece

            They can’t even drop down a drag bunt. Useless.

            • I am Brett Godner

              Fire Long

            • The Great Gonzo

              BUNT OUT OF TEH SHIFTZ!

        • Jorge Steinbrenner

          But there’s such calm, docile creatures.

        • Jorge Steinbrenner

          But there’s such calm, docile creatures.

      • I am Brett Godner

        Those are just bitamin shakes.

        • Sir Didi Odell Nakamura Jr

          Those bottles don’t exist and never have. Ortiz told me himself.

          • blake

            he’s the Lex Luthor of baseball players….just as bad as the public villians but somehow only us Supermen know who he really is

      • I am Brett Godner

        Those are just bitamin shakes.

      • The Great Gonzo

        I have it under good authority that all they will find when testing him would be rice and beans.

        http://www.boston.com/sports/baseball/redsox/articles/2005/03/11/red_sox_undergo_first_steroid_testing/

    • Sir Didi Odell Nakamura Jr

      Boston laughs at us for Moncada. God it makes me feel so sad and insecure :(

      • Jorge Steinbrenner

        Boston laughs at us for Eli Manning and Geno Smith.

        • Rick

          Tom isn’t laughing at Eli

          • Jorge Steinbrenner

            True. Should have thought that one out more.

            • Rick

              Though very off topic, I was very happy with Eli’s performance last year. It was his best year in a long time. And oh lawdy do I love me some Odell.

          • Jorge Steinbrenner

            True. Should have thought that one out more.

          • Danny Aiello Jr.

            Tom wears Yankees hats. He would never laugh at us.

            • The Great Gonzo

              Tom goes home to a sugermama supermodel wife and 4 Superbowl rings. He laughs at us all.

          • Sir Didi Odell Nakamura Jr

            Yeah, this!

          • Moncada’s Codpiece

            He is, however, laughing at the Yankees. Because it’s all about what Boston thinks about the Yankees.

          • Sir Didi Odell Nakamura Jr

            :))))

        • Sir Didi Odell Nakamura Jr

          HEY! Eli has 2 rings! (Totally not having an argument about Eli, so 110% done with that)

        • Sir Didi Odell Nakamura Jr

          HEY! Eli has 2 rings! (Totally not having an argument about Eli, so 110% done with that)

        • HoopDreams

          I think everyone laughs at the Jets for having Geno Smith

          • Sir Didi Odell Nakamura Jr

            Geno Smith laughs at Geno Smith

      • Jorge Steinbrenner

        Boston laughs at us for Eli Manning and Geno Smith.

    • Sir Didi Odell Nakamura Jr

      Boston laughs at us for Moncada. God it makes me feel so sad and insecure :(

    • Patrick

      I give no shits what Boston laughs or doesn’t laugh at.

      • Moncada’s Codpiece

        I suppose there’s no “sarcasm” button on here. Basically, we’ve had foamers (and BGTs) whine about this all offseason.

  • pasqua

    The current Homerun King is/was a PED user. He is still considered the Homerun King, even if we don’t like it. That, to me, suggests that A-Rod’s approach of the milestone IS historic. Voiding the bonuses strikes me as a slippery slope.

    • I am Brett Godner
    • Rick

      The language in the contract, as reported above, doesn’t say that though. The language apparently gives the Yankees the right to determine whether it’s historic so long as they have a good faith basis for doing so. You could make a very strong case that passing Willie Mays isn’t historic in that no new record is created.

      • blake

        yea but I think clearly the intent of the contract was for 660 homers to be a milestone…..otherwise it wouldn’t have been there in the first place. I don’t think the Yankees can in good faith argue that 660 homers is no longer a milestone…..the question is if they can argue that Arod in particular passing it isn’t a milestone because he used PEDS

        • Rick

          I think that’s all fair, as well. They can make a very strong case on 660 for a variety of reasons.

        • Rick

          I think that’s all fair, as well. They can make a very strong case on 660 for a variety of reasons.

    • blake

      the “true HR king” was and amphetamine use…..the HR king before that probably used Sheep Testorsterone or something like that……

    • blake

      the “true HR king” was and amphetamine use…..the HR king before that probably used Sheep Testorsterone or something like that……

  • Rick

    If the wording is as Heyman reports, the Yankees should feel very confident. With respect to the union, while you’re 100% Mike that they would have to back him for fear of establishing bad precedent, players unions do wisely pick and choose their battles. While the union may give an effort in this, they wouldn’t give it the same vigorous fight as they might for a player who is clean and the team is arbitrarily choosing not to honor a contract. Conversely, if A-Rod were to receive the union’s backing and lose – it wouldn’t be the worst thing. For future cases, the union would then have an easy way to distinguish when it’s permissible to withhold payments in a marketing contract and when it isn’t. If A-Rod becomes the threshold, that’s a high burden for the team to meet each and every time.

    • Sir Didi Odell Nakamura Jr

      What were the words?

    • Sir Didi Odell Nakamura Jr

      What were the words?

  • Shame Greene

    The Yankees are certainly free to do whatever they want in this case but…. does this help to not make Arod the story? I thought that’s what they wanted more than anything: that Arod not be the story.

    • Rick

      If the idea is that the Yankees are this cheap team now, why would they just hand over $6M + whatever the associated tax is for luxury tax purposes?

    • blake

      it seems like they are doing everything they can to actually make Arod the story so far this spring…..

      • yankeefeminista

        They need to sell tickets, dontcha know?

  • Mandy Stankiewicz

    Everytime I see this Arod picture lounging in the dugout:
    https://www.youtube.com/watch?v=rL9ihXiFAko

  • Wave Your Hat

    Reading Heyman’s article between the lines, he gives the impression to me that the marketing agreement was written as an end run around MLB’s prohibition on bonuses for actual production such as number of HRs. If that’s the case, discovering that there’s some “wink wink” type language in the agreement wouldn’t be surprising, and if there is some language like that then it isn’t surprising that ARod’s contract lawyer would want some language in the agreement that buttoned up the Yanks’ obligations a little more tightly, which is what the leaked provision appears to be doing.

    If that’s the case, I’d be careful putting too much reliance in the leaked language. The court is going to inquire what the intent of the parties was, and for that we outsiders don’t have enough information to come to any conclusions.

  • Monterocouldstillbedinero

    Wrong move here. Pay him the 6M which they’ll surely recuperate in marketing/merchandise and let it go at that. Enough ill will already. No way he gets to the (714) milestone after that. How quickly we forget how awful ARod was 2 years ago. He will be worse now-healthy or not. I guess he won’t get a chance to strikeout to end our post season for a 3rd time!

    • Rick

      That’s the point though. How can you be at all sure they’ll get it back in marketing/merchandise? Everyone knows it’s crap.

    • Rick

      Further, two years ago he had a wRC+ of 113 – which is not at all “awful”. I would sign up for that right now.

  • The Great Gonzo

    As I said a month ago (H/T bigdan):

    I think the right move for the Yankees is to pay him the $6M but make zero big deal about it. Like, no mention of it at all. “We have no comment on it”… And tell Alex to do the same “I’m just happy that I am able to be in a position to help the team win.” Period. full stop.

    You avoid the whole court thing (which i would have to imagine litigation at the MLB level gets pricy) and you don’t have to deal with the media scrutiny one way other. And, as mentioned below, there is no ill will one way or the other. Call it cost of doing business.

    All things Alex right now are a sunk cost, no need to shine a light on any of it.

    • Wave Your Hat

      Right. All this hullaballoo is counterproductive. They should pay the $6M, Alex should donate it to charity, win-win and move on.

    • Mandy Stankiewicz

      This. Time to take some PR inventory, and act like a billion dollar business.

    • RetroRob

      They can’t do anything to mark it now since that will hurt their case. I wonder if they’ll even let the broadcast crew acknowledge he hit #660. I’m sure they will, but how they handle this as an organization will be interesting. Do they sit A-Rod a game or two on the road so he hits #660 at home? Perhaps they’ll sit him just to rest him, but A-Rod’s team can still claim they did it on purpose so he hits it at home. The very act of challenging the HR clause is going to create buzz (thus marketing) around the HR. I know, I’m spinning here, but this just doesn’t feel like a good battle to fight.

      • Wave Your Hat

        Au contraire, I think they would be wiser to observe it. If they ignore it, then that to my mind sharpens the bad faith claim. If they observe it, they can say “we did our best to honor our agreement but ARod’s actions frustrated the benefit of our bargain”.

        • RetroRob

          We’re entering into territory about my Internet pay grade. As I noted above, IANAL, so this will be up to the Yankees to figure out!

  • randy l.

    My father is 93 and when he turns on the tv to watch the Yankees he wants to see someone he recognizes as a Yankee playing and preferably winning. But if he doesn’t recognize anyone which was often the case last year, the team better be winning to keep his interest. Love him or hate him,Alex is someone that any baseball fan recognizes.
    If the Yankees were smart, they’d build on Alex’s recognition factor rather than do everything they can to make him look bad. Not many fans will walk away from the tv when Alex is hitting.
    They’ll be rooting one way or the other, but at least they’re watching.

    • The Great Gonzo

      You and Eddard should get your dads together.

    • Monterocouldstillbedinero

      And this is exactly why they will recuperate the 6M when/if he breaks Mays’ record. Enough casual fans and fans of ARod will be around to pay off that debt in marketing and merchandise.

      • Stan

        Im not sure he is worth 6m in marketing at this point.. possibly if he breaks the home record but these smaller milestones wont have the impact with fans to be worth that money they would have to pay him.

        • Monterocouldstillbedinero

          Well then just play him at 3b in ST as much as possible and he’ll have an MRI in no time and never make it to the regular season. Problem solved.

      • http://shhhorsie.com Cheval Anonyme

        Mays does not hold a record. Passing Mays would be a non-event.

  • RetroRob

    So how is this decided? Does it go before a judge, a panel, a jury?

    My contention remains that this never had anything to do with marketing, but taking a portion of what A-Rod and Boras hoped to be a $300MM+ contract and shielding the Yankees partially so they wouldn’t have to pay $30 MM in case A-Rod’s career ended early, and more importantly shield the Yankees from having to pay a guaranteed additional luxury tax. They only pay it in the year he passes the milestone (assuming they are over the threshold), but it doesn’t alter his AAV for the contract. The $30 MM is not factored into A-Rod’s AAV of $27.5MM. MLB recognized this, which is one key reason they are no longer allowed. A-Rod’s and Pujols’ clauses were grandfathered in.

    IANAL, so how the language in the contract the Yankees are now leaking will impact this is beyond my pay grade as an Internet poster. Yet as a simple Internet poster, the good faith language seems like it could be and should be an issue as these are still milestone numbers that are recognized and celebrated by MLB. By freak chance, I was in San Francisco and watched Barry Bonds break Hank Aaron’s career MLB homerun mark, and let me tell you that “tainted” record was celebrated. It is the Yankees here who are opting not to mark these milestones.

    Last (who am I kidding), the Yankees might want to be concerned about how challenging this contract will play with players overall. This is not the first time we’ve heard of the Yankees trying to break a contract. Similar stories were leaked when Jason Giambi was on the team. If they actually do challenge a contract, there is always the possibility of some backlash in the short term. All things being equal, a player may want to go elsewhere. And while they may call A-Rod during the hearing, the other side can call Hal, Randy, Brian, Bud, Rob and more. Remember Levine’s emails from a year back joking about steroid use? Perhaps they’ll even want to have access to the Yankees overall financial records. Do the Yankees really want to risk going down this road?

    • Wave Your Hat

      That’s a good comment, RetroRob.

    • Monterocouldstillbedinero

      Agreed. He is only going to get past Mays-nothing else. Not worth the can of worms it could open as you state.

      • Rick

        I’m not getting this view at all. It’s $6M + luxury tax penalties associated with it. That’s a big deal. It’s not gonna cost them $10M to litigate the thing.

        • RetroRob

          Yes, they’ll owe the luxury tax penalty on top of the $6MM since as a team they are over the threshold. In that sense it’s certainly worth it to try, outside of any fallout.

    • Stan

      I’m GUESSING that it goes to an independent arbitrator and/or civil court.

      • Rick

        It’s a marketing contract, so it’s not the standard player contract mandated by the CBA. This means it falls outside the purview of the CBA, which then means it falls outside of the grievance procedures of the CBA (arbitration). This is a long way of saying it would be in civil court.

        • Wave Your Hat

          I don’t know about that. It could be an ancillary agreement. The only way to tell would be to look at the dispute resolution provision in the marketing agreement.

          • Rick

            You do know that. “Long story short, the wording of the marketing agreement — it’s a marketing agreement, not a player contract, because MLB contracts do not allow bonuses based on stats like homers and RBI.” Even if there is an arbitration clause in the contract, it can be appealed to a court. You can be damned sure whatever side loses would immediately bring it to court and move to vacate the arb award.

            • Wave Your Hat

              No you don’t know that. The dispute resolution provision could easily refer to dispute resolution under the CBA. And if it is CBA arbitration (or any arbitration) then any court review is basically pro forma because of the deference accorded the arbitration ruling.

              • Rick

                How can a contract outside the CBA refer to dispute resolution in a CBA? You know what that’s called? Unenforceable. Deference to arbitration doesn’t prevent it from going to court, it just creates a heavy burden for the party trying to vacate the arb award. Further, look at the words you just used “any court review …” So without just stating you agree with me, you try to create a circular argument that you somehow aren’t acknowleding that I’m right.

                • Rick

                  You realize an example of this just happened TODAY with Adrian Peterson, right? My office is not happy about the outcome either.

                • Rick

                  You realize an example of this just happened TODAY with Adrian Peterson, right? My office is not happy about the outcome either.

                • Wave Your Hat

                  Of course a contract between a player and a club outside the CBA can refer to CBA dispute resolution. And the heavy burden is so heavy as to be essentially impossible to carry. Please, just quit and learn something. There’s no shame in that.

                • Wave Your Hat

                  Of course a contract between a player and a club outside the CBA can refer to CBA dispute resolution. And the heavy burden is so heavy as to be essentially impossible to carry. Please, just quit and learn something. There’s no shame in that.

                • Wave Your Hat

                  Of course a contract between a player and a club outside the CBA can refer to CBA dispute resolution. And the heavy burden is so heavy as to be essentially impossible to carry. Please, just quit and learn something. There’s no shame in that.

                • Wave Your Hat

                  Of course a contract between a player and a club outside the CBA can refer to CBA dispute resolution. And the heavy burden is so heavy as to be essentially impossible to carry. Please, just quit and learn something. There’s no shame in that.

    • Moncada’s Codpiece

      So what you’re really saying is fighting with A-Rod cost the Yankees Moncada, naturally.

      Anyway, even if they’re not “celebrated,” one could certainly mark them as historic. Since, when agreed to in 2007, they certainly would be (and also would have been celebrated as such). From a PR perspective only, I’m not sure I like what the Yankees are doing here. Besides, Rodriguez shot himself in the foot vis-a-vis possible additional bonuses by getting his ass suspended for a year. Part of the work has been done for them.

    • Austinmac

      Either party can require a jury to answer fact questions such as “Did the Yankees have good faith in etc.” the marketing contract could also have an arbitration clause. So your answer is “Who knows?”

      • Guest

        That’s a very specific request, and does not open them up to a fishing expedition.

    • Austinmac

      Either party can require a jury to answer fact questions such as “Did the Yankees have good faith in etc.” the marketing contract could also have an arbitration clause. So your answer is “Who knows?”

    • http://shhhorsie.com Cheval Anonyme

      Either side can only ask to see evidence that’s relevant to the case. Why would the Yankees financial records be relevant to the terms of this content?

      • RetroRob

        The Yankees are claiming they can’t “market” A-Rod’s milestones. A-Rod’s team might want to understand exactly what the team did to market other events and the overall impact it had on the bottom line. Sure, it’s a stretch, but that doesn’t mean it can’t be done.

        • http://shhhorsie.com Cheval Anonyme

          They can request specific information; they won’t be granted access to general financial records.

          • RetroRob

            And that would make sense, although a minor addendum to my overall point. If they want to go down that road with A-Rod, they have to be prepared for the other side to also go down that road. Do they really want that? We shall see.

    • http://shhhorsie.com Cheval Anonyme

      In the unlikely event that ARod breaks Barry Bonds’ record, that would indeed be an historic milestone that would engender considerable interest, and it would be on the Yankees if they did not celebrate it. But all those other interim thresholds are of little general intrinsic interest and are only of value if the Yankees create a promotional event around them.

      • RetroRob

        That’s correct, which is why the agreement had nothing to do with marketing and why the Yankees aren’t acting in good faith.

        • http://shhhorsie.com Cheval Anonyme

          Barry Bonds record == Not “Marketing”
          Willie Mays milestone== “Marketing”

          • RetroRob

            Yet the so-called marketing agreement pays the same bonus for 660 as Barry Bonds’ HR record. $6MM each. The agreement wasn’t about marketing, which is why A-Rod was trying to engage Boras on this. He knows why they structured the deal the way they did. Once again, my speculation, but haven’t heard anything to change my position.

  • blake

    Ben Lindbergh ?@BenLindbergh 8m8 minutes ago
    From my piece about an A-Rod heel turn, the handwritten letter I wish he’d released last week. http://grantland.com/the-triangle/mlb-alex-rodriguez-heel-missed-opportunity/

    this is truly awesome

    • Danny Aiello Jr.

      I wish he wrote that letter.

      • blake

        We all do

  • Giuseppe Sciarrino

    Alex should turn around right now and say if he reaches that milestone he will donate that entire bonus to charity. Great PR move and puts the onus on the Yanks who probably wouldn’t bat an eye because 1, the negative PR and 2, they’re a very charitable org. Everybody comes out a winner (ish).

    • blake

      Good thought

    • Shame Greene

      That would be a great idea.

    • Pete22

      He can donate it to his charity.

  • radnom

    Ridiculous, all of you. It says the Yankees can choose not to celebrate, and that is fine as long as the decision was in “good faith”, and not just to get out of paying him. Regardless of your personal opinion on what the word “historic” means, which is irrelevant, it seems to me like there is plenty the Yankees can point to in order to justify their decision not to celebrate any of those markers. MLB is not going to celebrate this either.

    • Wave Your Hat

      If you haven’t read the provision in context (which none of us have), you are just leaping to conclusions as to what it means.

      • radnom

        Obviously I’m speculating based on the information provided in that article, just like everyone else in this thread. Goes without saying. My comment was not meant to be submitted before the court.

        • Wave Your Hat

          Yeah, I was being pompous. Sorry.

          • RetroRob

            Why be sorry? He called everyone ridiculous and then admitted he was doing what everyone else was doing.

            • Wave Your Hat

              You have a point there also. I’m being way too agreeable with everyone today.

              • RetroRob

                Being agreeable is better than pompous. : -)

            • radnom

              I called your analysis ridiculous, not you for presenting it. Reading comprehension.

    • Pete22

      It did not stop MLB and the Giants from celebrating Bonds breaking Ruth and Aarons record

  • ChuckIt

    I have to admit that I do have A personal bias against A-Rod,going back to the early years,when,in the comparisons between him, Jeter, Garciaparra, and even Chavez, Jeter took the backseat. Now that Jeter is a lock for the HOF, and those others aren’t even close,(sorry, but I don’t think A-Rod will ever be considered,in his or our lifetimes) i could change my opinion, but I won’t. I didn’t like them signing him, even in deference,to play third. and now that the legitimacy of his numbers are more than suspect, the decision to sign him to that ludicrous contract looks even more stupid. The main reason he was signed was to to pack the house during those “Milestone Achievements “. When he opted out, for more money,when he could have saved the team money( Texas still was responsible for a large portion of the original contract ) by waiting for a year,then sign the new contract, just showed me he was exactly as advertised : me first, everyone else second.Now the front office & the fans have to live with it.As far as I’m concerned, he can take his PED inflated stats & MVPs,call roger Clemens , & they can take turns shoving them up each others’ butts. i never did , and never will, ever consider them true Yankees.

    • The Great Gonzo

      In fairness, though… No one who’s healthy and productive doesn’t use the opt out. Its not selfish, its a built in negotiation tactic to capitalize.

      I understand that your ire towards him is truly sentimentally biased, I get that… alot of people feel that way. But the Yankees made their own bed here. I blame them as much as I blame him for the debacle we’re looking at.

      • ChuckIt

        I thought I made that clear, All the BLAME rests with the front office, and I think the BABY BOSS is most responsible.I’m 100% positive it was profit oriented, rather than success oriented. in pro sports,especially in this current financial climate, Success brings the profit. If the average fan is going to pay top $ (even if it is too much) they want to see a (knicks fans being an exception) winner. Upside : I think Ol’ Hank is beginning to see the big picture. Right now I don’t know anyone who would pay to see A-Rod break a record, but everyone of them went to at least one game of Jeters farewell tour.And some were even METS fans!

      • Looser Trader FotD™

        I blame Selig and Canada.

  • Elton Cod M.T.

    If they get the $10m out of this disgusting move they still won’t make the bid to get Moncada. Hal makes this team taste bad.

  • Yankenstein

    This is going to get uglier and uglier.

  • Purple Rain

    Would you cheer for AROD if he came out andhit on a torrid pace?

    • ChuckIt

      As a fan,I would have to give him his due(little chance now that his performance is enhanced) but, if he doesn’t I will be one of the loudest MF’n him out there !

      • Game 3

        This person is the reason fans stop going to games. It’s embarrassing to sit near apes like this.

        • ChuckIt

          I have a 15 game plan, decent field level seats,and the whole section has been full for the last four years.And i guarantee they concur with me.

    • ChuckIt

      As a fan,I would have to give him his due(little chance now that his performance is enhanced) but, if he doesn’t I will be one of the loudest MF’n him out there !

    • ChuckIt

      As a fan,I would have to give him his due(little chance now that his performance is enhanced) but, if he doesn’t I will be one of the loudest MF’n him out there !

    • Game 3

      I am totally rooting for A-Rod at this point.

  • Farewell Mo and Jeet

    Arod’s behavior rendered these “milestones” meaningless so IMO, he doesn’t deserve to get his bonus for reaching them.

    • Purple Rain

      I agree but will you root for him once the season starts?

      • Austinmac

        I will hope he hits and hits well. Heck yes I would cheer. He is on my team.

        • Purple Rain

          Absolutely, unfortunately. Lol

      • Austinmac

        I will hope he hits and hits well. Heck yes I would cheer. He is on my team.

      • Austinmac

        I will hope he hits and hits well. Heck yes I would cheer. He is on my team.

  • OldYanksFan

    2 questions:

    1) Is the possibility of saving $6m really worth what might become of this?
    2) And if the Yanks feel it is, why would they make their intentions public, knowing ARod and the entire world would know?
    Do they really gain by antagonizing ARod and turning off some fans who feel this is a dipshit move (which it is)?

    By the way….
    we can look at the YS attendance numbers in the games before ARod hits #659, and then the attendance numbers in the games between #659 and #660. Then we will know if ARod’s milestones were ‘marketable’.

  • Rick Myles

    The homers are not historic because they are not recognized by fans as legitimate due to his use of PEDs. The marketing value has been eliminated by A-Rod’s own actions.

  • Looser Trader FotD™

    So nice to see everyone getting along.

  • Pete22

    Only 1 of the milestones is attainable. That’s the Mays milestone. As I read the full Heymans piece the sense I got that the Yankees are not saying they get to get out of the agreement, but get to determine which milestone to pay the bonuses on, provided that decision is made in good faith and in accordance to the covenant both parties agreed to and which has not been disclosed. Its obvious that a decision to not include the Mays milestone as a bonus milestone is not being made in good faith. Its also questionable if this provision was agreed to by both parties. Why would Arod agree to giving them that right?

    But I could see the Yankees trying to change the 5 milestones, eliminating Mays and the remaining to be tying Ruth, beating Ruth, breaking Aarons, and tying/breaking Bonds. I never thought Mays was a real good marketing milestone, but I suspect Arods side wanted that included because it was the most achievable.

    Also, this whole marketing agreement is just a gimmick to avoid MLB’s prohibition against performance bonuses. Make no mistake about it, this is just an incentive bonus both parties agreed to to bridge the gap between asking price and selling price (300 vs 275), and the Yankees agreed so as to reduce guaranteed dollars in the case Arod was not good enough to hit any of the milestones (in which case he would not be worth the 300 or even 275 his contract called for) . It was approved by the commissioner, chargeable to payroll for LT purposes, and is subject to the CBA, grievance and arbitration.

    The arbitration process as we saw with Horowitz is biased in favor of MLB. I said before the MLBPA should have fired Horowitz, which is their right. MLB fired the last arbitrator who ruled against them in the Braun case. Yankees are probably betting on Horowitz being in their back pocket. Its a good bet.

    Knowing this, Arod may not even contest it. With a net worth of 300+ million and 20+ million in non baseball income, and another 61 million in baseball income to come. After taxes 6 million is “only” 3 million. Why bother, just going to lose anyways with Horowitz as arbitrator. Big milestone for Arod is 3000 hits anyways, he just wants that and to play out his days and not be blackballed when the Yankees finally release him or trade him (with his blessing)

    Message to other players will stick though. Yankees don’t honor contracts. Beware signing long term deals because if you don’t play well they will look for ways to get out of it as they did with Giambi and now Arod.

    Its one thing to be cheap and want to adhere to your self-determined budget. Its quite another to weasel out of your teams agreements. Those members of the Church of Hal will defend it, but that’s what you expect from the devoted.

  • Drew

    Here’s an agreement I think both parties could come to:

    If Rodriguez reaches 714 homeruns, he is paid the $6M bonus for that AND the $6M bonus for 660 homeruns (he just gets paid the first bonus later.)

    Wouldn’t Rodriguez want to average 20 homeruns a year for the remainder of the contract to get to 714 homeruns plus pass Ruth as a point of pride? I think so. I think he’d see it as a challenge, maybe even a dare from the Yankees “Let’s see if you can hit 60 homeruns over the next three years/for the remainder of the contract. Hit 60 homeruns 2015-17 and you make $12M.”

    Let’s say Rodriguez smacks 30 homeruns this year then 30 the next for 714 homeruns through 2016 (one can dream.) Wouldn’t he be worth $27M total this year ($21M salary + $6M bonus) and $26M next ($20M salary + $6M bonus)? I think so. I know I wouldn’t complain about it even if he drove in only 75 runs because that might be the most a Yankee hitter drives in this year. If he hit 30 homeruns this year and this year was his walk year, he’d be paid $26M for 2016 if not given at least $25M a year 2016-17 because players who smack 30 homeruns in a season aren’t available very often.

    Another thing they could do is defer the first homerun millestone bonus where he’s paid the bonus at contract’s end and big deal when Rodriguez will be off the books after 2017, Teixiera and Beltran will be off the books after 2016, Sabathia could or will be off the books after 2017, Gardner will be entering his walk year in 2018, and McCann could be as he has a (ridiculously given) vesting option for 2019. Trade the walk years of Gardner and McCann and Rodriguez’s deferred $6M should be an afterthought.