Void

Before you climb aboard the “we should void cheaters’ contracts!” express …

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Though the sea change we’re experiencing in Major League Baseball’s drug testing regime is undeniable, the “we should get tougher!” crowd easily has the loudest voice in the grand shouting match that is our current baseball discourse. And easily the most fashionable get-tough argument in that crowd is the one which goes “players should have their contracts voided if they test positive!”

Let’s unpack that, shall we?

It’s pretty easy to see the logic when the player involved is named Ryan Braun or Alex Rodriguez and they are owed hundreds of millions of dollars that they may not be worth. The price is paid for a cheater’s ill-gotten gains! He’s out his deal! The team is out from under the specter of his unholy presence! Everything is right with the world!

But what if the player is Andrew McCutchen? Or Matt Moore? Or Jered Weaver or Sal Perez? Or some other star who is on a team-friendly deal? We still happy voiding that contract then? I’m guessing the team’s owner and GM aren’t. They know that no player is 100% a creation of PEDs and that even if one of those guys took something he shouldn’t have, he’d still be more than worth the money on his contract once he serves his 50 games. And he certainly doesn’t want to lose him because a bunch of sportswriters decided back in 2013 that everyone needed to “get tough.”

Question: Are we good with punishing the team even more than the player?

Let’s take that to the next step. Say you’re Matt Moore. You’re having a lights-out season just as guys like Justin Verlander and Clayton Kershaw are raking in gigantic bucks on contract extensions. And here you are, like a yutz, making an average of $2.5 million over the next four years because you went for the security of the pre-arbitration deal. If contracts are voided upon a positive test, might you not at least consider taking a shot of testosterone, taking a very small 50 game suspension, getting your contract voided and then peddling your wares to the highest bidder? Sure, you might take a haircut from what Justin Verlander got because you’d be seen as something of a bad seed, but you’d make orders of magnitude over what you’re making now. Especially if you play the apology-come-clean game as well as Andy Pettitte did.

Question: Do we want that incentive there? And what does that mean for the pre-arb players who didn’t sign Moore-type deals? If Bryce Harper or Mike Trout tested positive tomorrow, what does their void look like? Are they free agents too? Or do the teams violate the 13th amendment and not pay them at all?

Oh, and then there’s the matter of the incentives some owners may have to slip a mickey to an overpaid player in an effort to get out from under. Now, I’m not saying an honorable and honest businessman like Arte Moreno would do such a thing to a nice, upstanding man like Albert Pujols. But then again, George Steinbrenner is gonna be in the Hall of Fame some day and he literally paid spies to dig up dirt on one of his overpaid players once, and it’s not insane to think that can’t happen again.

One response I anticipate is that we make the contract voiding an optional thing. At the team’s discretion. In this case the team will clearly choose to void Alex Rodriguez’s deal but not Moore’s. But why should teams get a choice here? Why should what is supposed to be punishment for wrongdoing for which we are supposed to have zero tolerance suddenly be transformed into a cost-benefit analysis for a team? Or a windfall?  Wouldn’t we then be saying “cheating is bad, mmm-kay, and you’re going to be punished severely. At least as long as you don’t have a team-friendly contract. If you do, well, we’re willing to let it slide a bit.”

That’s not what the drug testing program is supposed to look like and those odd incentives are probably a large part of the reason why the league and the union have never suggested actually doing it. Separate and apart from the fact that the union is not interested in doing anything to undermine the concept of guaranteed contracts in any way.

Maybe that’s the real thing to watch here, actually. What the league and the union say, not sanctimonious worrywarts who are looking for new ways to get tough.  If and when league or union sources start to chatter about contract voiding being on the table I’ll start to take it seriously.  For now it’s just bluster from people who don’t feel guys like Ryan Braun have suffered enough.

Marlins’ Dee Gordon says he unknowingly took PEDs

Miami Marlins' Dee Gordon looks into his dugout after reaching third on a double by teammate Marcell Ozuna during the third inning of an exhibition spring training baseball game against the St. Louis Cardinals Thursday, March 3, 2016, in Jupiter, Fla. The Cardinals won 4-3. (AP Photo/Jeff Roberson)
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MIAMI (AP) Reigning NL batting champion Dee Gordon of the Miami Marlins says he unknowingly took the performance-enhancing drugs that led to his 80-game suspension, but he’ll accept the penalty.

The announcement of the suspension by Major League Baseball came shortly after the Marlins’ victory at Los Angeles on Thursday night. MLB said Gordon tested positive for exogenous testosterone and clostebol.

“Though I did not do so knowingly, I have been informed that test results showed I ingested something that contained prohibited substances,” Gordon said in a statement released Friday by the players union. “The hardest part about this is feeling that I have let down my teammates, the organization, and the fans. I have been careful to avoid products that could contain something banned by MLB and the 20-plus tests that I have taken and passed throughout my career prove this.

“I made a mistake and I accept the consequences.”

The 28-year-old Gordon led the majors in hits and stolen bases last year. He batted .333, became an All-Star for the second time and won a Gold Glove at second base.

The big season helped him earn a $50 million, five-year contract he signed in January.

He and Marlins manager Don Mattingly were together with the Dodgers for four years, but Gordon didn’t become a regular in Los Angeles until 2014. Gordon was traded to Miami in a seven-player deal in December 2014, and Mattingly became the Marlins’ manager this season.

“Dee is always a guy we felt could play, but at that point he was 145 pounds soaking wet,” Mattingly said during spring training. “Now he has turned into a man. He has put some physical strength on him, and he’s a different player.”

Following the suspension announcement, Mattingly said the Marlins will continue to support Gordon.

“I feel like Dee’s one of my kids, to be honest with you, because I’ve known him so long,” Mattingly said.

Shortly before the penalty was announced, Gordon hit an RBI single in the seventh inning and scored after forcing a balk as the Marlins rallied for a 5-3 win and a four-game sweep over Los Angeles.

Gordon became the seventh player to be suspended this year under the MLB drug plan. Last week, Toronto slugger Chris Colabello was penalized 80 games after testing positive for a PED.

Miami President David Samson said the Marlins “completely support the drug prevention program in every way.”

“Dee Gordon is a very important part of our team, and we all love him and support him,” Samson said. “That said, I don’t like or condone what he did.

“He will be back 80 games from now, and he will be welcomed back to this organization,” he added. “But in the interim period, we expect him, and we are positive that he will do everything that’s necessary to make it up to his fans, to his teammates and to this organization.”

The speedy Gordon is the son of former All-Star pitcher Tom Gordon.

The MLBPA continues to shoot itself in the foot regarding PEDs

Tony Clark
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Most players are adamantly anti-PEDs now. Unlike their complicit or passive predecessors, today’s players don’t, for the most part, accept PEDs as just part of the game. They’re competitors and they see PED use as their competition cheating. They consider these guys to be taking money and service time away from other players. They are legitimately angry about it. And they should be.

But the manner in which they have expressed that anger — publicly, emotionally or by being quoted at length by baseball’s top writer calling for draconian punishments — is neither the best way to address their concerns about PED use in the game nor is it in their best interests in a larger sense. Indeed, it undermines their interests and sets them up to be taken advantage of by the owners both with respect to PEDs and other matters which affect their lives and their livelihoods.

PED rules and every other rule which affect the circumstances of baseball players are the subject of collective bargaining. It’s union stuff, negotiated with ownership. And it’s a zero sum game. You make a concession, you get something in return. If you give up something for nothing, you get nothing. It’s like any other sort of negotiation. If you cease to treat it as one, you lose your leverage to get what you want. You get no points whatsoever for your personal virtue, your public position and what people not party to the negotiation think of you. Players loudly and publicly proclaiming their desire for the harshest possible PED penalties are like a man in midlife crisis walking into a Porsche dealership wearing a shirt that says “I will not leave here without a red 718 Boxter.”

Ownership knows that the players will agree to anything and will even put the anything on the table themselves. And they’ll take maximal advantage of the players. For example, maybe the players are in favor of a contract-voiding provision in the narrow case of PED use. Maybe they see it as something confined solely to drug situations. The owners could jump at that knowing full well that, for the first time, the union has caved some on the critical concept of guaranteed contracts in baseball and will use that as a basis to make further inroads later. Maybe the players want to suspend players pending their drug test appeal. The owners will nod and privately acknowledge that players will, in the right cases, negotiate away their due process protections. Once a party caves on something, even if it’s a broad concept, it’s extraordinarily difficult for them to later present a credible defense to that concept or to claim that it is sacrosanct.

At the same time, maybe there are things the players can actually GAIN if they’re more guarded in their approach. Many acknowledge that PED use is, at least in part, a function of players trying to keep their bodies together over the long grind of the baseball season. Meanwhile, players would love more off-days and changes to the schedule. Why not link these issues and, in exchange for some harsher penalties, force the owners to give them some schedule relief? Why not get something they want and need in exchange for giving something up? It’s an ideal situation for a party to a negotiation and it’s a situation lost if one spends months before the negotiation making it clear that they’ll freely give away something that would otherwise have to be paid for.

None of which is to say that the players cannot or should not try to get exactly what they want, up to and including, I dunno, an instant death penalty for PED users if they feel it’s necessary. It’s to say that, to get that, they have to be unified. They have to agree on a strategy to get what they want and execute it the same way every other strategy is executed in these situations. There is no negotiating strategy that has ever been helped by loudly signaling to your adversary what it is you’re trying to accomplish. Being guarded about what it is you value and how you value it in the context of a negotiation does not mean that you don’t value it. Demanding that the owners compensate you for an increased PED sanction does not mean that you’re pro-PEDs.

I look at Justin Verlander‘s public comments and the comments of other players who are angry at PED users and I understand where that anger comes from. But I also know that, if Marvin Miller or Don Fehr were running the union today, those comments would be made in communications with union leadership and fellow players for the purposes of developing a strategy, not in public for the purposes of venting anger. They would form the basis of a consensus with which a unified MLBPA could approach ownership in a way best calculated to accomplish the players’ goals. As I put it rather crudely on Twitter this morning, if players in Miller and Fehr’s day spoke publicly in a way that undermined the MLBPA’s negotiation leverage, they’d end up in body bags.

This morning I wonder what Tony Clark is doing to address the legitimate anger of players like Justin Verlander. Does he have their confidence that he can accomplish what they want to accomplish with respect to harsher PED penalties? Are their public comments actually frustration by players at what they perceive to be a union which doesn’t value their concerns? Or, alternatively, are the players simply not as invested in the sort of unanimity of voice that all unions require to be successful? And if so, why not? Is it because they’re complacent or has MLBPA leadership simply not done as good a job explaining to them the real consequences of a failure of solidarity?

Dee Gordon‘s suspension is not, in and of itself, a big deal. But it could have some big repercussions. The MLBPA and its membership had best be on the same page, publicly and privately, if they want to ride out the repercussions and shape their future in a way that best serves their interests. As opposed to the interests of ownership which, in the context of the CBA, is their adversary, even if their interests often coincide.

Dee Gordon’s suspension is likely to lead to a call for harsher PED penalties

Miami Marlins' Dee Gordon celebrates after hitting a double against the Detroit Tigers in the ninth inning of a baseball game Tuesday, April 5, 2016, in Miami. Derek Dietrich scored on the double. The Tigers won 8-7. (AP Photo/Alan Diaz)
Associated Press
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Objectively speaking there is no difference between Dee Gordon’s suspension for PEDs and anyone else’s. Abraham Almonte, for example. Or Cameron Maybin. Or David Rollins. All were guys who got their 80 games, served their time, came back and whose cases didn’t raise too much of a fuss. But Gordon’s suspension will almost certainly be talked about longer and more loudly and will likely lead to calls for harsher penalties and changes to the PED suspension rules.

Part of it is simply fame. He’s a pretty big name as far as these things go. The biggest since the Biogenesis guys a couple of years ago. He won the batting title last year. He’s the son of a famous major leaguer. There is a direct correlation between the volume and intensity of the narratives applied to one’s story and the fame of the subject of the story. For that reason alone Gordon’s story will last longer and loom larger.

Another reason — a bigger reason, I think — is timing. Gordon was seen by many to have had a breakout season in 2015 and, when it was over, he was rewarded for it with a nice five-year $50 million deal. The narrative will arise by, oh, 9AM today, that the suspension was “worth it” for Gordon and that he cashed in because of it, rendering his suspension a mere slap on the wrist. This is especially true given that his deal is severely backloaded. He’ll lose less than $2 million in salary in 2016 while collecting the other $48 million-plus. Totally worth it!

I understand why people will say that, but such a stance has some serious flaws. Among them:

  • It assumes that we or anyone else knows when Gordon began to take PEDs;
  • It assumes that we or anyone else knows how, in fact, Gordon’s performance was actually enhanced;
  • It forgets that lots and lots of people were talking about how Gordon’s “breakout season” was actually 2014, not 2015, rendering that whole “he juiced and then got his money” argument fairly problematic.

Those points will likely be ignored as arguments in favor of harsher penalties grow louder. Ken Rosenthal reminds us this morning that some have called for some form of contract voiding or clawing back of more money than just the salary earned while on suspension. Those calls too will likely grow louder. There will also be calls for changes in the appeal process. Like this one, which came moments after Gordon’s suspension was announced:

When you have an actual union member angrily call for the repeal of a collectively-bargained protection in punishment situations, you’re sort of through the looking glass. Or past a tipping point. Or something. You’re certainly in a world where the usual dynamics between employer and employee are not operative and, as a result, changes are inevitable. As we noted recently, players today are perhaps more adamantly anti-PED than the owners and the league are. They’re competitors reacting to cheating by their competition. The fuel for stronger penalties is likely to come more from them than anyone.

The union and the league will be negotiating a new Collective Bargaining Agreement this year. Performance enhancing drugs and their penalties will be a part of that. Expect harsher penalties and possibly different sorts of rules altogether. Expect Dee Gordon to be the poster child for these changes, even if his case is no different in form than that of Abraham Almonte, Cameron Maybin, or David Rollins. Expect emotion, rather than logic, to lead the coming debate.

And That Happened: Thursdays scores and highlights

Atlanta Braves relief pitcher Arodys Vizcaino, right, is congratulated by catcher Tyler Flowers after earning a save during a baseball game against the Boston Red Sox at Fenway Park in Boston, Thursday, April 28, 2016. The Braves defeated the Red Sox 5-3. (AP Photo/Charles Krupa)
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Gonna mail this one in this morning. Partially because of the light slate of games yesterday, partially because of a late night for me but mostly because of the Dee Gordon news which has me thinking of a lot of other things I want to write about this AM.

It’s worth noting that the Braves won a game. It comes just ahead of a series at Wrigley against the Cubs, so the winning streak will likely last a single day, but the 2016 Braves have to take what they can get.

The Marlins had a notable night outside the Gordon news too, finishing off a sweep of the Dodgers, which had to make Don Mattingly happy. For what it’s worth, Gordon singled in a run and then came around to score in the seventh. His RBI tied it and the run he scored ended up being the one necessary for the Marlins’ margin of victory. That means nothing, but you know some jackwagons are gonna make a big deal out of that and I figured I’d get ahead of the jackwagons and note that, yes, Gordon and the Marlins knew what was coming before it was announced because that’s how the appeals process works, but no, it makes no difference, because that’s how the appeals process works.

Anyway: Here are the rest of the scores:

Tigers 7, Athletics 3
Cubs 7, Brewers 2
Phillies 3, Nationals 0
Orioles 10, White Sox 2
Braves 5, Red Sox 3
Diamondbacks 3, Cardinals 0
Marlins 5, Dodgers 3
Pirates vs. Rockies — POSTPONED
: In the early morning rain with a dollar in my hand. And an aching in my heart, and my pockets full of sand. I’m a long way from home, and I miss my loved one so. In the early morning rain with no place to go.