The Yankees would be crazy to sue A-Rod in an attempt to void his deal

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I offer this from Pete Abraham’s Twitter feed, but I’m not trying to single Pete out. Many people have made such comments this morning, so I use his as mere example:

 

The downsides:

  • The could lose the suit because anyone can lose any suit;
  • They could lose the suit in such a way that actually creates legal precedent that makes it harder to go after drug users or otherwise misbehaving players;
  • Win or lose they will cost themselves millions if not tens of millions in legal fees;
  • If they lose they have a player under contract who is alienated from the team to the nth degree, making life much harder;
  • Win or lose their employees will miss tons of work for depositions, preparation and the like;
  • Win or lose a lawsuit may cause potential free agents to avoid the Yankees because they believe, rationally or not, that the team is just waiting to pounce on its players in the event they make any missteps.
  • Mostly, though, because lawsuits are awful;

As for winning or losing: there is a means for a PED-user to have his contract voided: being disciplined three times, which leads to a lifetime ban.  For the Yankees to attempt to void the deal now is the equivalent of that, financially speaking, and I’d have a hard time seeing a court or an arbitrator agree that they can simply leapfrog over two suspensions like that to cost A-Rod the $114 million left on his deal.

If there is discipline, it will be a 50-game suspension. And it may not happen at all.  Let’s not jump the gun here.

Must-Click Link: Do the players even care about money anymore?

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Yesterday I wrote about how the union has come to find itself in the extraordinarily weak position it’s in. The upshot: their leadership and their membership, happily wealthy by virtue of gains realized in the 1970s-1990s, has chosen to focus on small, day-to-day, quality of life issues rather than big-picture financial issues. As a result, ownership has cleaned their clock in the past few Collective Bargaining Agreements. If the union is to ever get back the considerable amount of ground it has lost over the past 15 years, it’ll require a ton of hard work and perhaps drastic measures.

A few hours later, Yahoo’s Jeff Passan dropped an absolute must-read that expands on that topic. Through weeks of interviews with league officials, agents and players, he explains why the free agent market is as bad as it is for players right now and why so many of them and so many fans seem not to understand just how bad a spot the players are in, business wise.

Passan keys on the media’s credulousness regarding teams’ stated rationales for not spending in free agency. About how, with even a little bit of scrutiny, the “[Team] wants to get below the luxury tax” argument makes no sense. About how the claim that this is a weak free agent class, however true that may be, does not explain why so few players are being signed.  About how so few teams seem interested in actually competing and how fans, somehow, seem totally OK with it.

Passan makes a compelling argument, backed by multiple sources, that, even if there is a lot of money flowing around, the fundamental financial model of the game is broken. The young players are the most valuable but are paid pennies while players with 6-10 years service time are the least valuable yet are the ones, theoretically anyway, positioned to make the most money. The owners have figured it out. The union has dropped the ball as it has worried about, well, whatever the heck it is worried about. The killer passage on all of this is damning in this regard:

During the negotiations leading to the 2016 basic agreement that governs baseball, officials at MLB left bargaining stupefied almost on a daily basis. Something had changed at the MLBPA, and the league couldn’t help but beam at its good fortune: The core principle that for decades guided the union no longer seemed a priority.

“It was like they didn’t care about money anymore,” one league official said.

Personally, I don’t believe that they don’t care about money anymore. I think the union has simply dropped the ball on educating its membership about the business structure of the game and the stakes involved with any given rule in the CBA. I think that they either so not understand the financial implications of that to which they have agreed or are indifferent to them because they do not understand their scope and long term impact.

It’s a union’s job to educate its membership about the big issues that may escape any one member’s notice — like the long term effects of a decision about the luxury tax or amateur and international salary caps — and convince them that it’s worth fighting for. Does the MLBPA do that? Does it even try? If it hasn’t tried for the past couple of cycles and it suddenly starts to now, will there be a player civil war, with some not caring to jeopardize their short term well-being for the long term gain of the players who follow them?

If you care at all about the business and financial aspects of the game, Passan’s article is essential.