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.


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.

Wait, what is the non-tender deadline again?

Screen Shot 2015-12-01 at 7.03.34 AM
Leave a comment

For the next day and a half you’ll hear a lot about the non-tender deadline and/or players being tendered or not tendered a contract. Here, in case you’re unaware, is what that means.

By midnight on Wednesday teams have to decide whether to tender contracts to arbitration-eligible players. If they do, the team retains control over the player. Now, to be clear, the team is not simply “tendering” the player the actual contract specifying what he’ll be paid. Think of it as more of a token gesture — a placeholder contract — at that point the team and the player can negotiate salary for 2016 and, if they can’t come to an agreement over that (i.e. an agreement avoiding arbitration) they will proceed to submit proposed salaries to one another and have a salary arbitration early in the spring.

If the team non-tenders a player, however, that player immediately becomes a free agent, eligible to sign anywhere with no strings attached.

Basically, the calculus is whether or not the team thinks the player in question is worth the low end of what he might receive in arbitration. Or, put differently, if the guy isn’t worth what he made in 2015, he’s probably going to be non-tendered.

MLB Trade Rumors has a handy “Non-Tender Tracker” which lists the status of the couple hundred arbitration eligible players and whether or not they’ve been tendered a contract. We’ll, of course, make mention of notable non-tender guys as their status for 2016 becomes known over the next day or two.

Mariners interested in free agent outfielder Nori Aoki

AP Photo/Ben Margot
1 Comment

New Mariners general manager Jerry Dipoto has kept pretty busy in his short time on the job and Bob Dutton of the Tacoma News Tribune reports that free agent outfielder Nori Aoki could be his next target. The club recently pursued a trade for Marlins outfielder Marcell Ozuna, but the asking price has them looking at alternatives.

Aoki, who turns 34 in January, has hit .287 with a .353 on-base percentage over four seasons since coming over from Japan. He was having a fine season with the Giants this year prior to being shut down in September with lingering concussion symptoms.

The Giants decided against picking up Aoki’s $5.5 million club option for 2016 earlier this month, but he should still do pretty well for himself this winter assuming he’s feeling good.

Report: Johnny Cueto is believed to be looking for a $140-160 million deal

AP Photo/Matt Slocum
1 Comment

It was reported Sunday that free agent right-hander Johnny Cueto had turned down a six-year, $120 million contract from the Diamondbacks. He’s hoping to land a bigger deal this winter and ESPN’s Jerry Crasnick has heard some chatter about what he’s looking for.

Jordan Zimmermann finalized a five-year, $110 million contract with the Tigers today, which works out to $22 million per season. Arizona’s offer to Cueto checked in at $20 million per season. A six-year offer to Cueto at the same AAV (average annual value) as Zimmermann would put him at $132 million, which is still a little shy of the figure stated by Crasnick. Of course, Cueto owns a 2.71 ERA (145 ERA+) over the last five seasons compared to a 3.14 ERA (123 ERA+) by Zimmermann during that same timespan, so there’s a case to be made that he should get more. Still, he’s the clear No. 3 starter on the market behind David Price and Zack Greinke.

CBS Sports’ Jon Heyman reports that the Dodgers, Giants, Red Sox, and Cubs are among the other teams who have interest in Cueto. One variable in his favor is that he is not attached to draft pick compensation, as he was traded from the Reds to the Royals during the 2015 season.

Report: Around 20 teams have contacted the Braves about Shelby Miller

AP Photo/John Bazemore
Leave a comment

The rebuilding Braves have already been active on the trade market and they might not be done, as CBS Sports’ Jon Heyman reports that right-hander Shelby Miller has been a very popular name. In fact, around 20 teams have checked in.

Nothing is considered close and the Braves have set a very high asking price, mostly centered around offense. They asked for right-hander Luis Severino in talks with the Yankees and would expect outfielder Marcell Ozuna among other pieces from the Marlins. The Diamondbacks and Giants are among the other interested clubs.

Miller is under team control through 2018, so there’s not necessarily a sense of urgency to move him, but anything is possible with the way the Braves are doing things right now. The 25-year-old is coming off a year where he went 6-17, but that was about really rotten luck more than anything else, as he had a fine 3.02 ERA and 171/73 K/BB ratio over 205 1/3 innings. The Braves gave him the worst run support of any starter in the majors.