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


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.

Spending bill could exempt minor leaguers from federal labor laws

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Mike DeBonis of the Washington Post reports that, according to three congressional officials familiar with current talks, an upcoming spending bill could exempt minor leaguers from federal labor laws. This is an issue we have spent some time covering here. A bill proposed in 2016, H.R. 5580, would have amended language in Section 13 of the Fair Labor Standards Act of 1938 which would have made it so minor leaguers wouldn’t be protected under a law that protects hourly workers. There is also an ongoing class action lawsuit over unfair labor prospects.

As DeBonis notes, Senate Majority Leader Mitch McConnell (R-KY) is among the representatives backing the measure. The provision specifically concerning minor leaguers didn’t appear in any of the draft spending bills, but DeBonis spoke to officials familiar with the negotiations under the condition of anonymity who said it was under serious consideration by top party leaders.

DeBonis got a comment from Minor League Baseball president Pat O’Conner. He said, “We’re not saying that [minor league pay] shouldn’t go up. We’re just saying that the formula of minimum wage and overtime is so incalculable. I would hate to think that a prospect is told, ‘You got to go home because you’re out of hours, you can’t have any extra batting practice.’ It’s those kinds of things. It’s not like factory work. It’s not like work where you can punch a time clock and management can project how many hours they’re going to have to pay for.”

O’Conner said as much in an interview back in December. It’s an extremely disingenuous deflection. O’Conner also said, “I don’t think that minor league baseball is a career choice for a player.” This is all about creating legislation that allows Minor League Baseball to keep money at the top, which is great if you’re a team owner or shareholder. If they could get away with it, every owner of every business would pay its employees as little as possible, which is why it’s important to have unions and people keeping an eye on legislation like this that attempts to strip laborers of their rights in the dead of night.

Minor league players need to unionize. Or, better yet, the MLBPA should open their doors to include minor leaguers and fight for them just as they would a player who has reached the majors. Minor leaguers should be paid a salary with which they do not have to worry about things like rent, electricity, food, and transportation. They should be provided healthcare and a retirement fund. And if anyone tries to tell you it’s not affordable, MLB eclipsed $10 billion in revenues last year. There’s plenty to go around.

The owners are banking on this legislation passing and labor still coming in excess due to young men holding onto the dream of making the major leagues. According to CNN, “far less than 10 percent of minor league players ever get the chance to make it to the major leagues.” Some of these players have forgone college to work in baseball. They arrive at the park in the morning and leave late at night, putting in far more than your standard eight-hour work day. Since their bodies are their vehicle for success, they have to exercise regularly and vigorously off the field while maintaining a healthy diet. (And teams are still reluctant to invest even the smallest amount of money to ensure their young players eat well.) Minor leaguers make tremendous sacrifices to pursue their dream and now Major League Baseball and Minor League Baseball have spent hundreds of thousands of dollars lobbying Congress to legalize taking further advantage of them.