Alex Rodriguez

Alex Rodriguez’s 211-game suspension is crazy and should be reduced

152 Comments

The MLBPA’s official statement on the suspensions of the Biogenesis players is something I can totally agree with: the 50-game suspensions make sense given that all involved were first time drug offenders who agreed, when they chose not to appeal, that MLB had the goods on them. But Alex Rodriguez’s 211-game suspension is crazy and it should be reduced.

It’s crazy for a number of reasons.

One simple argument is that A-Rod is receiving discipline for the first time under the Joint Drug Agreement (JDA). The JDA calls for suspensions of 50 games, 100 games or life. A strict constructionist of the JDA could very easily say that A-Rod, as a first offender, should get 50 games, full stop.  Now, I’m not naive. I don’t think that argument will necessarily work. Indeed, the head of the union himself said, for some reason, that the 50-100-life rubric does not apply to Biogenesis cases. I’m not sure why he’d admit that, but I do feel like if that argument had any weight it would have been made a lot more forcefully before now. Still: it’s not an argument I’d abandon if I was A-Rod’s lawyer.

MORE: A-Rod on appeal:’I’m fighting for my life’

A more compelling argument: 211 games is the most arbitrary number imaginable, and arbitrators of employer-employee agreements tend not to like arbitrariness.

The Joint Drug Agreement employs a unit of measurement for drug discipline: games. MLB may make an impassioned and persuasive case that Alex Rodriguez was a horrible wrongdoer, but they clearly chose this discipline based on how long they wanted to see him gone — this season and all of next — and simply calculated how many games that covered. In this sense it was entirely arbitrary and made little effort to match up the severity of the acts with the severity of the punishment. If it happened last week he’d get 217 games? If it happened next week he’d get 205? For the same conduct? It speaks to an unreasonable standard of discipline, even if it happens to go after unreasonably bad behavior.

Let’s talk about that behavior. A-Rod’s Biogenesis case has been the subject of countless leaks over the past several months, and most of those leaks have spoken non-specifically of awful, awful things. We don’t know how awful. Maybe it’s really, really bad! Obstruction of the investigation. Maybe some sort of luring of other players to Tony Bosch’s clinic. We really don’t know.  But we do know that for 211 games to stick, those acts have to be more than four times worse than some other player’s drug use, right? That’s how MLB got to its arbitrary number, right?

MORE: Rodriguez goes 1-for-4 in first game back with Yanks

I don’t know what MLB’s evidence is, but I do know this much: the historic pattern of A-Rod coverage has been to take what he actually did, multiply it by about a million times in terms of severity and report it as the worst thing that ever happened.  Puffing up A-Rod’s evil works with tabloid readers, talk radio callers and the “A-Rod is the devil” folks, but it’s unlikely to work well with an arbitrator. So if that pattern is happening once again, it may be a much closer case than many are portraying.

None of that means Alex Rodriguez didn’t do anything wrong. None of that means that Alex Rodriguez will succeed on his appeal. But from where I’m sitting, Major League Baseball’s 211-game suspension looks hard to defend, and it’s hard to blame Rodriguez for going after it on appeal.

Adams homers in 16th to lift Cardinals over Dodgers 4-3

adams
Getty Images
3 Comments

ST. LOUIS — Matt Adams homered in the 16th inning to lead the Cardinals to a 4-3 win over the Los Angeles Dodgers on Friday night for St. Louis’ season-best fifth straight victory.

It was the second consecutive game that the Cardinals won in their final at-bat. They beat the Padres on Thursday after scoring a run in the ninth inning.

Adams homer came with one out off Bud Norris (5-9), who gave up six runs as a starter in an 8-1 loss at Washington on Wednesday.

Seth Maness (1-2) picked up the win with a scoreless inning of relief for St. Louis, which was playing its longest game of the season.

Jedd Gyorko hit a two-out homer off closer Kenley Jansen in the ninth to tie the game 3-3.

Justin Turner and Howie Kendrick homered for the Dodgers. Los Angeles has lost four of six. The red-hot Turner has seven homers and 17 RBI this month. He hit two homers in a 6-3 win over Washington on Thursday.

Turner blasted his career-high 18th homer of the season off Seung Hwan Oh in the ninth to break a 2-2 tie.

Corey Seager had four hits and drove in the first run of the game. He had hit in seven successive at-bats before flying out in the ninth.

Kendrick’s solo shot in the sixth tied the game 2-2. He has hit in 14 successive games trying Colorado’s Charlie Blackmon for the longest current streak in the majors.

Los Angeles starter Brandon McCarthy allowed one hit and two runs over 6 1-3 innings, the longest of his four starts this season. He left with leg cramps. McCarthy struck out four and walked three.

St. Louis starter Michael Wacha allowed two runs on 10 hits in six innings. He struck out four and walked one.

Dodgers reliever Adam Liberatore recorded his 28th successive scoreless outing by retiring two of four batters in the seventh. He has not allowed a run in 41 of 42 appearances this season.

Minor League Players’ Wage Suit against Major League Baseball suffers a huge setback

The judge's gavel is seen in court room 422 of the New York Supreme Court at 60 Centre Street February 3, 2012. REUTERS/Chip East
11 Comments

A judge handed minor leaguers looking to hold Major League Baseball liable for underpaying and exploiting them a huge setback today, ruling that the case cannot go forward as a class action. Minor leaguers who want to sue over their pay and treatment still can, but they’ll have to do it individually. The ruling saps the minor leaguers of their leverage, as Major League Baseball would likely be able to fend off individual cases which, by themselves, might only amount to several thousand dollars per claim.

The background: in 2014, former Miami Marlins player Aaron Senne sued Major League Baseball, Bud Selig, and three major league clubs claiming that minor leaguers are underpaid and exploited in violation of the Fair Labor Standards Act. He was later joined by former Royals minor leaguer Michael Liberto and Giants farmhand Oliver Odle. Eventually others joined and the suit had been expanded to 22 teams as defendants.

The upshot of the case is that, while the minor league season lasts only part of the year, players are required to do all sorts of things outside of merely playing games for which they are not compensated. Training, meetings, appearances and the like. When all of that time is added up, the players claim, their already low salaries are effectively far below minimum wage in violation of the law. Major League Baseball has countered this by claiming that minor leaguers are basically part time seasonal workers — like landscapers and pool boys — who are not subject to federal labor laws.

Last year the judge gave the case conditional certification, allowing the players to try to establish that it should go forward as a class action. This would streamline the case from the plaintiffs’ perspective and give them the power of collective action by asserting hundreds or more similar cases into one proceeding. The judge’s ruling today, however, was that the cases really weren’t factually similar and thus collective action was not appropriate because figuring out how many hours each player worked and what was required of him varied too greatly among the players.

From his order:

“The difficulties associated with determining what activities constitute ‘work’ in the context of winter training are compounded by the fact that there appear to be no official records documenting these activities. Because it may be impossible to determine from official records the types of conditioning activities in which the players engaged, membership in the state classes based on winter training would depend largely upon the players’ ability to remember, with a reasonable amount of detail, what they did during the off-season (often for multiple years and for many, several years in the past) to stay fit.”

The judge said that, in light of this, each case would be unique and would require “individualized inquiries” to find damages and liability. That phrase –“individualized inquiries” — constitutes magic words which sink would-be class actions. If a company overcharges all of its customers by $8 due to an error repeated a million times, it’s easy to look at one set of facts and judge them together. If you had to look at a million different wrongs, that’s no class action. And so it is not a class action for the players.

As many courts who have dealt with these sorts of cases have noted, for many plaintiffs, a class action is the only practical method of adjudicating Fair Labor Standards Act cases because individual plaintiffs are frequently unable to bear the costs of separate trials. They are, by definition, (allegedly) exploited workers. They’re not going to be able to pay legal costs and fight off a multi-billion dollar business in order to collect the few thousand dollars they were underpaid. At the same time, however, the defendants have rights too and, if the facts of each players’ treatment truly differ (e.g. the Yankees make their minor leaguers do more than the Brewers do) it’s not fair to bind one defendant’s defense to the acts of another.

So, where does this leave the players? Not dead. Not yet, at least. Their claims have not been dismissed on the merits. They have only been denied the right to act collectively. The individual plaintiffs can now file separate lawsuits against their former employers and Major League Baseball under the same theories. It would be harder to land a big blow in such a scenario, but if enough do, it could end up being death by a thousand cuts for the clubs and the league. Their legal fees might go up and, eventually, if they lose enough of these cases, more might be filed. There are a lot of former minor leaguers, after all, and once there’s some blood in the water, more of them — and their lawyers — may enter the frenzy. Decertification is certainly a win for the league right now, but it’s not necessarily a permanent win.

There are likewise some other quasi-collective forms this case could take such as multi-district litigation in which the cases, while individual, are coordinated in a loose fashion. That could lead to some efficiencies for suing players even if it’s not as robust as a class action.

We’ve written quite a bit about minor league pay and treatment in this space by now, so you probably know where we stand on it. We believe that minor leaguers are exploited and underpaid and we believe that Major League Baseball has been happy to exploit and underpay them for some time. Ultimately we believe that this state of affairs cannot and will not persist and that eventually, somehow, baseball will either see fit to pay its workers fairly or, more likely, will be forced to do so by a court or by collective bargaining of some fashion.

Today, however, was a big setback for the minor leaguers. Today’s ruling will give Major League Baseball and its clubs more time and more comfort in which to underpay them. There’s no doubt about it.