a-rod getty wide

The new PED evidence is sexy, but they can’t void A-Rod’s contract, and probably can’t even suspend him. Yet.

56 Comments

UPDATE:  I missed this on my first reading of the JDA, but Section G provides for suspensions by the Commissioner for “just cause.”

A Player may be subjected to disciplinary action for just cause by the
Commissioner for any Player violation of Section 2 above not referenced in Section 7.A
through 7.F above.

The question, then, is what constitutes “just cause.” While I think this would give MLB some justification to attempt to move, I stand by what I said below: there would be significant pushback on whether this news report is “just cause,” and A-Rod or others would fight any action based on it alone.  This will require greater evidence and information, and likely someone — be it the players or the doctors who prescribed or someone else — to put more meat on the bones of this report.

9:35 AMThe Miami New Times story implicating A-Rod, Nelson Cruz and others with a PED clinic in Miami is big news. It sheds a lot of light on PED use by major players and the overall availability of PEDs in baseball.  The pipelines like BALCO and now Biogenesis are a pretty big deal, and they’re certainly something MLB has an interest in investigating and news organizations should have an interest in reporting.

But let’s be clear about one thing: this news should not and likely will not have any direct, immediate bearing on A-Rod or any of the other players named as far as immediate discipline.

The Joint Drug Agreement (“JDA”) provides one means and one means only for suspensions: positive drug tests.  Now, those drug tests can be scheduled or random. Or they can be instituted based on “reasonable cause.” From page 12 of the JDA:

In the event that either Party has information that gives it reasonable cause
to believe that a Player has, in the previous 12-month period, engaged in the use,
possession, sale or distribution of a Performance Enhancing Substance (including
hGH) or Stimulant, the Party shall provide the other Party, either orally or in
writing, with a description of its information (“Reasonable Cause Notification”),
and the Player will be subject to an immediate urine and/or blood specimen
collection, or a program of testing, as determined by the IPA, to commence no
later than 48 hours after the Reasonable Cause Notification was provided.

Nowhere in the JDA does it provide for suspensions or any other kind of discipline based purely on non-testing evidence like reports, tips or the like.  What’s more, there is an appeal process involved where the player subject to reasonable cause testing can dispute whether there was, in fact, reasonable cause.

As this relates to A-Rod, Nelson Cruz and the others named in the report: MLB could very well demand a drug test from them within 48 hours of learning this information (and remember we don’t know whether MLB is learning this today or knew already).  That’s it.  If I’m representing those players, though, I argue strongly that a newspaper report like this is not “reasonable cause” and make an arbitrator figure that out.  That’s how it would play out.

What will not happen is MLB summarily suspending any of these players, the Yankees voiding A-Rod’s contract or anything else.  Such steps would be outside the scope of the league or the team’s power and it would result in major litigation.

Against that backdrop, if anyone — like, say, a columnist or reporter who wants to pile on A-Rod — starts beating the “void the contract” or “suspend him for life” drum in the next couple of days, they’re full of it or they’re being emotional or they’re grandstanding and no matter which of those it is, they should not be taken seriously.

What’s on Tap: Previewing Thursday’s action

PHILADELPHIA, PA - JUNE 16: Starting pitcher J.A. Happ #33 of the Toronto Blue Jays delivers a pitch in the seventh inning against the Philadelphia Phillies at Citizens Bank Park on June 16, 2016 in Philadelphia, Pennsylvania. (Photo by Drew Hallowell/Getty Images)
Drew Hallowell/Getty Images
1 Comment

Did you know J.A. Happ is in the thick of the American League Cy Young Award race? Of all the contenders, he may be the biggest surprise, even ahead of Drew Pomeranz. Happ leads the league with 17 wins and only has three losses to go with it. He’s holding a 3.05 ERA and a 133/44 K/BB ratio in 150 1/3 innings.

It wasn’t all that long ago that Happ was struggling to stay in a starting rotation. In 2011, his first full season with the Astros, he finished with a 5.35 ERA. In 2012, he put up a 4.79 ERA with the ‘stros and Blue Jays. The next year? 4.56 followed by 4.22, both with the Jays. Then, with the Mariners, he continued the mediocrity with a 4.64 ERA before he was traded to the Pirates.

Under the tutelage of Pirates pitching coach Ray Searage, Happ turned his career around. In 11 starts in Pittsburgh, the lefty had a microscopic 1.85 ERA. That came with significant improvements in his strikeout and walk rates. Even the ERA retrodictors like FIP and xFIP, which had so often agreed with his uninspiring ERA’s, agreed that he had thrown like an elite hurler. So that’s how we arrived at J.A. Happ, Cy Young Award contender.

Among AL starters, Happ is fifth-best in ERA behind Cole Hamels, Jose Quintana, Aaron Sanchez, and Steven Wright. However, his 17-3 record is equaled only by Rick Porcello. As there are still a significant number of voters in the Baseball Writers Association of America who consider won-lost record, Happ is sitting in a good position and will be even better if he can cross the coveted 20-win threshold. He’ll get a bit of a boost as well if he can help the Jays return to the postseason for a second consecutive season.

Happ’s Jays will host the hapless — and Happ-less — Angels on Thursday evening. He’ll take on veteran Jered Weaver in a 7:07 PM EDT start.

The rest of Thursday’s action…

Baltimore Orioles (Ubaldo Jimenez) @ Washington Nationals (Max Scherzer), 7:05 PM EDT

Kansas City Royals (Edinson Volquez) @ Miami Marlins (Tom Koehler), 7:10 PM EDT

New York Mets (Seth Lugo) @ St. Louis Cardinals (Adam Wainwright), 7:15 PM EDT

Cleveland Indians (Josh Tomlin) @ Texas Rangers (Cole Hamels), 8:05 PM EDT

Pittsburgh Pirates (Chad Kuhl) @ Milwaukee Brewers (Wily Peralta), 8:10 PM EDT

Seattle Mariners (James Paxton) @ Chicago White Sox (Anthony Ranaudo), 8:10 PM EDT

Atlanta Braves (Matt Wisler) @ Arizona Diamondbacks (Robbie Ray), 9:40 PM EDT

San Francisco Giants (Matt Moore) @ Los Angeles Dodgers (Ross Stripling), 10:10 PM EDT

Let’s play the “how long has it been since the Cubs won the World Series?” game!

1908 Cubs
14 Comments

It started with a no-good St. Louis Cardinals fan being a troublemaker. That no-good Cardinals fan was Drew Silva, who began things innocently enough, noting that, despite their dominance this season, any team can theoretically beat the Chicago Cubs in a short series because that’s just how baseball goes:

Cubs fans started giving him guff for that, so Drew gave some back:

And with that it was on like Donkey Kong (a super old video game which was not invented for another 73 years after the Cubs last won the World Series). I tweeted this:

And with that, my followers went crazy. Here’s a sampling of some of the best ones:

And, for that matter . . .

Too soon. Unlike the last Cubs World Series title.

Like I said, this was just a sampling. I’ve retweeted a ton more on my timeline and those I didn’t retweet can be seen in the replies here. My favorite one may have been “literally the invention of sliced bread,” which debuted in 1912, but I can’t find that tweet.

Please, Cubs fans, have a sense of humor about this. You have a wonderful ballpark that is not named after a third tier mortgage company, a grand history that is fantastic even if it hasn’t featured any championships and a future that is as bright or brighter than any other team out there. Maybe even come up with some of your own in the comments! History is fun! As is self-deprecation! What I’m saying is don’t be salty about this sort of thing. Salty is a bad look.

In other news, the Morton Salt Company was incorporated in 1910, two years after the Cubs last World Series victory.