Weiner: the 50-100-lifetime suspension rules don’t apply to Biogenesis

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We were really thrown a curveball earlier today when MLBPA head Michael Weiner, addressing the media, said that the penalties facing Biogenesis-implicated players are not ruled by the Joint Drug Agreement’s 50-game, 100-game, lifetime ban specifications.  When asked about why that was, Weiner pointed to the Commissioner’s “just cause” powers under the JDA.

Which seems odd to me because, as Wendy Thurm pointed out earlier today, the JDA says this about discipline:

A player who tests positive for a Performance Enhancing Substance, or otherwise violates the Program through the possession or use of a Performance Enhancing Substance, will be subject to the discipline set forth below. (emphasis mine) 1. First violation: 50-game suspension; 2. Second violation: 100-game suspension; 3. Third violation: Permanent suspension from Major League and Minor League Baseball.

That italicized language seems to say that the discipline regime applies whether it’s a testing positive or, as will be the case with Biogenesis, non-analytical positives, circumstantial evidence-based violations, etc. There’s nowhere else in the agreement which speaks to Commissioner discretion with respect to discipline beyond the mere words “just cause,” which again, seems to speak to the violation, not the discipline.

Could this be a negotiated thing? The union and the league having an understanding, either now or having had it always, about what might happen if they’re dealing with a non-testing-based violation? And no matter when it was decided that any amount of discipline could apply for such violations, could it not mean that some guys get less than 50 games? Some way more.

As an example: say a Biogenesis Player — let’s call him Theo Blonzalez — has very weak evidence against him in the documents and testimony, but that the league wants to discipline him anyway. Might they take this discretion and give him, say, a five game suspension? That might be a nice break for someone like Blonzalez who, otherwise, might be subject to an automatic 50, which would seem overly harsh. At the same time, might another player with stronger evidence against him — say Schmalex Rodriguez — be slapped with unlimited discipline even if it’s a first offense?

I don’t know what it means, frankly. But I find it fascinating. And it further underscores my suspicion that a lot more conversations are happening between the union and the league than we know about. And that, just maybe, it’s nowhere near as adversarial as we might think.

Report: Twins sign Erick Aybar to minor-league deal

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The Twins have reportedly signed free agent shortstop Erick Aybar to a minor-league deal, LaVelle E. Neal III of the Star Tribune reported Friday. FanRag Sports’ Jon Heyman adds that the deal comes with a potential $1.25 million if Aybar reaches the majors, with additional incentives based on plate appearances. He’ll be able to opt out on March 27. The team has yet to confirm the signing.

Aybar, 34, is now four years removed from his career year in 2014. He’s been in a state of steady decline since then, slashing just .234/.300/.348 with seven home runs and 11 stolen bases over 370 plate appearances for the Padres in 2017. His poor performance wasn’t helped by a fractured left foot, either, which cost him almost six weeks on the disabled list.

Still, the Twins see something promising in the veteran infielder, and reportedly intend to use him as another utility option this spring. Per Neal, Aybar will join fellow backup infielders Eduardo Escobar and Ehire Adrianza and may even (temporarily) take over for Miguel Sano at third base if Sano isn’t able to shape up for the role by Opening Day.