Report: MLB could suspend Alex Rodriguez under CBA rather than drug agreement

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The clock is ticking for Alex Rodriguez, as MLB is soon expected to announce a suspension for his alleged involvement with Biogenesis. But it could be unlike anything we were expecting.

According to the Associated Press, MLB could suspend Rodriguez under the collective bargaining agreement rather than the regular drug rules. This is potentially huge, as it would prevent him from playing if he appeals a suspension. Here’s what MLB could be thinking.

While use of banned performance-enhancing substances falls under the drug agreement, MLB may argue other alleged violations are punishable under the labor contract, a person familiar with management’s deliberations told the AP, speaking on condition of anonymity because no statements were authorized.

Taking that action would prevent the New York Yankees third baseman from returning to the field, even if he recovers from a quadriceps injury cited by the team as the reason for keeping him on the disabled list.

And merely threatening to use that provision might give MLB leverage to force a deal.

The report states that Rodriguez could be banned under Article XII B of the Basic Agreement, which states: “Players may be disciplined for just cause for conduct that is materially detrimental or materially prejudicial to the best interests of baseball including, but not limited to, engaging in conduct in violation of federal, state or local law.”

Yes, the “best interests of baseball” clause. If Rodriguez is suspended under that section, he would serve the penalty while a grievance is litigated. And as we heard from A-Rod’s lawyer earlier today, they have every intention to fight. The union would almost certainly fight it tooth and nail too, even if the evidence against Rodriguez is extensive. If they don’t, the drug agreement is basically rendered worthless. And you thought this was ugly before? We could be looking at a protracted and messy legal battle here.

David Ortiz thinks the Yankees leaked his 2003 drug test results

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David Ortiz was one of the hundred or so ballplayers who tested positive for PEDs during the 2003 survey testing which was designed to determine whether or not baseball’s drug problem was significant enough to warrant full-blown testing the following year.  His and everyone else’s name was supposed to remain confidential — indeed, the test results were supposed to be destroyed — but the government illegally seized them and, eventually, his, Alex Rodriguez and Sammy Sosa’s names were leaked.

While most people have long moved on from those survey test results — and while Rob Manfred himself recently said that those results may not, in fact, establish that Ortiz took banned substances  — the story still sticks in Ortiz’s craw. So much so that he’s still out speculating about how his results were made public. His theory? The Yankees did it. From an interview on WEEI:

“What was the reason for them to come out with something like that?” he said. “The only thing that I can think of, to be honest with you, a lot of big guys from the Yankees were being caught. And no one from Boston. This was just something that leaked out of New York, and they had zero explanation about it.”

I’m gonna call B.S. on that.

At the time names were surfacing in connection with those test results, in the summer of 2009, I was given a list of players by an anonymous source. This person claimed it was a list of all 100+ players who tested positive in 2003. Given the nature in which they were provided to me and given that, at the time, there were a lot of people circulating hoax lists, I was dubious to say the least. I had a separate source at the time who knew people who had access to the actual list of players. The source would not tell me who was on the actual list — it was and continues to be confidential — but the knowledgable source did confirm for me that, as I suspected, my list was bunk. I obviously didn’t write anything about it and moved on.

Some added value from that conversation, however, was learning just how few people actually had access to the real list. A small handful of top officials at the union and the league office did, I was told, and obviously the government had it given that they seized it in their idiotic and illegal raid, but that was it. Clubs, I was specifically told, did not have the list.

We’ll never know for sure, but I strongly, strongly suspect that the source of the leak was either IRS/FDA agent Jeff Novitzky, who spearheaded the government’s investigation into PEDs or someone close to him, such as the prosecutors with whom he worked. Novitzky spent close to a decade outing and prosecuting athletes for PED use and, in my view and the view of many others who followed the story at the time, he saw his work as an almost holy crusade. As the above-linked story about the federal court smacking down his seizure of the 2003 test results as illegal, he was often overzealous.

The reporter who broke the story of David Ortiz’s positive test result was Michael S. Schmidt of the New York Times. Schmidt almost always had the first stories about players being outed as PED users during that period and his reporting on steroids in baseball in general almost always carried with it a pro-government slant. As I said, we’ll never know for sure, but it seems obvious to me that federal investigators and prosecutors were his sources. I suspect they were his sources for the name-naming articles as well. When Ortiz’s name leaked, Novitzky’s investigation was on the brink of being smacked down hard by a federal court and, I suspect, he leaked Ortiz’s name to the New York Times as a means of putting a face on the story and getting public sentiment on the side of those who would name names.

Like I said, though, that’s all ancient history at this point. At least to most people. It’s not to David Ortiz, which is understandable given that the whole incident affected him personally. But I think he’s wrong on the Yankees being the ones to out him. I don’t think anyone with the Yankees knew who was actually on the list. And even if they did, they had no incentive to get into some sort of P.R. war about PED users given that they already at least one prominent superstar getting killed for PED use and a lot of other ones who could possibly have been on the list as well.

But the feds had the list. And a desire to have the bad guys they were trying to prosecute shamed in the public arena. I’d bet a decent sum of money that they’re the ones who leaked your name, Big Papi. I’d aim your rhetorical guns at them if I were you.

 

Buster Posey and Brandon Belt had an on-field tiff Saturday night

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The Giants beat the Cardinals on Saturday night, but there was some grumpiness between a couple of Giants players all the same.

As Hank Shulman reports, late in the 13-inning game Fox TV cameras caught catcher Buster Posey yelling at first baseman Belt after Stephen Piscotty of the Cardinals stole second base. Then, after the final out, there was a brief, cold stare down between the teammates. The issue would appear to be Posey being upset with Belt for not holding Piscotty close at first base and then Belt being upset with Posey for calling him out in front of God and the fans and the TV cameras and everyone.

Neither Posey nor Belt would talk about it to reporters afterwards or on Sunday, saying the matter was between them and that they’d deal with it privately. Which is a smart move.

Of course, if Posey heeded that advice beforehand and took up his dissatisfaction with Belt in private, the reporters wouldn’t have even known about it in the first place.