Archive for STEROIDS!
Friday: MLB and MLBPA have announced the new agreement, effective immediately. First and second time offenders will be suspended 80 and 162 games, respectively. The third offense gets a lifetime ban. There is a shorter suspension for inadvertent use, which much be proved through arbitration. Players who are suspended are also ineligible for the postseason. I don’t like that last part, the player’s punishment should not vary by the quality of his team. The testing programs have been ramped up as well.
Wednesday: Via the AP: MLB and the players’ union are working on a new drug agreement that would increase penalties for performance-enhancing drugs. They hope to have the deal in place by Sunday, before the season starts. “It will be a significant deterrent because players will know they’re not going to just easily walk back into a lineup,” said Travis Tygart, CEO if the U.S. Anti-Doping Agency. “It probably is the best policy in professional sports.”
Under the new plan, first and second time offenses would result in 100 and 162-game suspensions, respectively. Ken Rosenthal says the first ban would be 80 games, so there’s some conflicting information right now. There would also be a new 25-game suspension for inadvertent use. I’m interested to see exactly how that will work. The MLBPA has always been pro-PED testing and this wouldn’t be the first time they open up the Collective Bargaining Agreement and Joint Drug Agreement mid-term to make changes. I’m glad they’re working on a way to stiffen penalties while somewhat protecting the players who were not using intentionally. Mistakes do happen.
Feb. 4th: As expected, the MLBPA has asked for the case to be tossed out as well, reports Michael O’Keeffe. “Mr. Rodriguez does not and cannot plausibly allege that [the union's] advice was unreasonable, given in bad faith or that it undermined the MLBPA’s prosecution of the grievance,” said a letter the union sent to Ramos. A hearing is scheduled for February 14th.
Jan. 29th: Via the AP: Howard Ganz, one of MLB’s lawyers, sent a letter to U.S. District Judge Edgardo Ramos saying Alex Rodriguez‘s lawsuit should be tossed out because it does not come “remotely close” to what is needed to overturn an arbitration ruling. “A court must confirm an award even when the arbitrator has offered only a barely colorable justification for the outcome reached, and even if the court considers the arbitrator’s interpretation of the contract to be plainly wrong,” said the letter, whatever that means.
A-Rod and his legal team filed the lawsuit against MLB and the players’ union a few weeks ago, after his record 162-game suspension was upheld by arbitrator Frederic Horowitz. Ganz also said the MLBPA plans to seek dismissal of the suit as well. The suit is seeking an injuction that would overturn the suspension and allow Rodriguez to not only play this year, but also receive his massive $25M salary. From what I understand, the chances of a federal court re-opening the case and actually overturning the suspension are very small, so this is basically a Hail Mary.
Via Jeff Passan & Tim Brown: Members of the players’ association sought to kick Alex Rodriguez out of the union, but were told it is not legally possible. Players felt betrayed after A-Rod sued the union as part of the suit he filed in an effort to get an injunction against his record 162-game suspension.
“It’s beyond disappointment,” said one unnamed player. “What brought it beyond disappointment was the fact he’s suing the union. Guys understand people make bad decisions, they lie when they’re embarrassed or trying to avoid punishment. Those are human qualities. Guys understand. But what made guys incensed is he would bring a suit against the union.”
A-Rod’s suit says the union and late chief Michael Weiner “completely abdicated its responsibility” to defend him during the appeals process. From what I understand he had to sue both MLB and MLBPA to have a chance in a federal case; leaving the union out of the suit wouldn’t have worked. Ironically, trying to kick A-Rod out of the union may strengthen his case.
For the first time since his record 162-game suspension was handed down, Alex Rodriguez spoke publicly on Wednesday. He spoke with the media in Spanish at the opening of his Alex Rodriguez Energy Fitness Center in Mexico City and sounded like someone who is starting to accept the reality of his situation. Here’s are the quotes, courtesy of Josh Egerman:
“I think that the year 2014 could be a big favor that [Major League Baseball has] done for me because I’ve been playing for 20 years without a timeout,” he said. “I think 2014 is a good year to rest mentally and physically and prepare for the future and begin a new chapter in my life.”
“I have three years left on my contract starting in 2015 and I hope to play very well and finish my career in New York,” he said
“[To] tell the truth, it’s a very sad situation and we hope to get this out of every newspaper and start concentrating on all the good things that MLB is doing and the great things that young ballplayers are doing and move forward,” he said.
A-Rod did not mention performance-enhancing drugs at all, but he did say he has received support “not just from my Yankees teammates, but also players from other teams, retired players, Hall of Fame players and lots of good people, owners of other teams.”
Does this mean A-Rod and his legal team will drop their various lawsuits? I don’t know. I can’t imagine it helps his case that he came out and said he’s looking forward to taking a year off. I also wonder if he simply got some bad advice from his lawyers. Maybe he wasn’t fully behind pushing the case to federal court but took the word of the people he hired. Either way, it sounds like Alex is starting to understand how unlikely getting the suspension overturned is.
Update: Through his spokesman, A-Rod said he will continue to fight the suspension in federal court. “This process has been taxing both mentally and physically throughout the past eight months,” said Ron Berkowitz said in a statement. “Alex will abide by the rulings of the federal judge — whatever he decides — and get ready for 2015 should the judge rule against him. He will continue to move forward with his complaint which will help all players against this unfair system.”
It has been four pretty chaotic days since Alex Rodriguez‘s record 162-game suspension was announced. Alex is suing pretty much everyone and doing his best to burn every last bridge. It’s exhausting to follow, really.
Aside from a generic statement issued following the announcement of the suspension, the Yankees have not publicly discussed the matter. At least not until Wednesday. At the quarterly owners’ meetings in Arizona, Hal Steinbrenner commented on A-Rod and his status with the team following the suspension. As you might expect, he didn’t say anything too juicy. From Ken Davidoff:
“He’s a great player,” Steinbrenner said in the Yankees’ managing general partner’s first public comments since independent arbitrator Fredric Horowitz reduced Rodriguez’s suspension from 211 games to 162 games. “I have not thought about 2015, nor am I going to right now. My focus has to be right now. But when he’s on and when he’s healthy, he’s obviously an asset. We’ll see what happens.”
“Those of you that know me, I’m pretty objective in my thinking. This is business. I’m just focusing on the team, a player. Is the player an asset to the club or not? That’s about as far as I look. I don’t get personal … When Alex Rodriguez is healthy and himself, I think most objective baseball people would say he could be an asset to a club.”
Hal didn’t exactly say they would welcome A-Rod back following the suspension but he didn’t completely take it off the table either. I don’t expect them to bring Rodriguez back in 2015 — I do think they’ll release him at some point, but what do I know — but there’s no reason for Steinbrenner to come out and announce their plans now. Especially not with lawsuits pending and all that. There’s nothing to gain.
One thing Hal did acknowledge was talking to MLB about a way to keep A-Rod away from the team during the Spring Training, or at least the intent to the talk to MLB. “We haven’t even talked about it,” he said. “Cross that bridge when we come to it kind of thing. We’re going to reach out to [Major League Baseball], get their advice obviously, but haven’t even addressed it.”
The whole Spring Training thing is fascinating to me. I want to see how they’ll keep him away or how the team will treat him during camp if there’s no way to stop him from showing up in Tampa. Either way, I don’t think it’ll be easy or pretty. None of this has been.
As I mentioned earlier, arbitrator Fredric Horowitz’s sealed ruling in Alex Rodriguez‘s case was opened when A-Rod‘s camp filed a suit seeking an injunction earlier today. You can read the entire 77-page ruling right here (PDF link), but, if you don’t have time, here is a breakdown of the major points from my stomping grounds at CBS. The suit was filed against both MLB and the players’ union, which was necessary if they intend to show the deck was stacked against them. Here is the union’s statement on the suit. What a complete and total mess.
During a television interview this morning (video above), Alex Rodriguez‘s lawyer Joe Tacopina confirmed they are filing suit today “requesting federal court intervention to undo what’s been done in this labor arbitration.” A-Rod said he would seek an injunction in his statement following the announcement of his record 162-game suspension on Saturday.
“I don’t know [the suspension is] inevitable. I mean 162 games is inexplicable,” added Tacopina. “It’s not based on the law, it’s not based on the Collective Bargaining Agreement that’s laid out between the union and Major League Baseball. There’s no basis for it. Everyone else got 50 games, who if you accept the fact that there was a finding of liability, that 50 games — somehow 162 is what was levied to Alex for no reason. Ryan Braun, who actually tested positive, unlike Alex, and went on a campaign to besmirch the test collector and called him an anti-Semite wound up with 65 games. That in and of itself is a basis to get us into federal court.”
From what I understand, a federal judge is unlikely to look at a case following an arbitrator’s ruling in a collectively bargained matter. As Wendy Thurm explained a few weeks ago, “Rodriguez will have to show that [arbitrator Fredric Horowitz] was so in cahoots with MLB that it led to a fraudulent or biased proceeding” in order to get the case looked at it. I don’t know what will happen next, but A-Rod’s camp is going to keep fighting.
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.
A ruling in Alex Rodriguez‘s appeal hearing is imminent, according to Steven Marcus. It’s unclear if that means a matter of minutes or hours or another day or two. Who really knows at this point. Marcus adds that arbitrator Frederic Horowitz’s ruling appears to be favorable for MLB. I’m not exactly sure any of this is new information at this point, really.
Via NYDN: Alex Rodriguez could ask a judge for an injunction if he feels arbitrator Frederic Horowitz hands down an unfair ruling. He is unlikely to get one, as Wendy Thurm explained in November, but it is something he could pursue as part of his scorch the Earth legal battle with MLB. “The papers are all ready. They are just waiting for the announcement,” said one of the Daily News’ sources.
Meanwhile, the Daily News says Rodriguez would likely accept a 65-game (or less) ban without a fight. The legal fees to combat a suspension of that size would be greater than the salary he stands to lose, they say. Ryan Braun received 65 games and both he and A-Rod were considered MLB’s top targets as part of this whole Biogenesis investigation. Horowitz could hand down his ruling any day now, and the sooner that happens, the better. Let’s get this show on the road already.