Alex Rodriguez

Posnanski: Fair or unfair, Major League Baseball making example of Alex Rodriguez

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WASHINGTON — Yes, there were lots of questions (at least 211 of them) Monday after Major League Baseball suspended a bunch of players and Alex Rodriguez for taking performance-enhancing drugs, but one question kept echoing.

Question: How many times over the last dozen years do you think Bud Selig looked jealously across the field toward those National Football League suits?

Think about how many different ways Selig has tried to tackle this PED scandal over the years.

— There was the PIDE (Pretend It Doesn’t Exist) Era. That led to disgrace, ignominy, a tainted home run record, another tainted home run record, another one after that, a dressing down from the U.S. Government, a few thousand yottabytes of bad publicity and an empty Hall of Fame ceremony. So that didn’t work too well.

— That was followed by the MCTIS (Most Comprehensive Testing In Sports) Era, where everybody seemed to think the game was dirty but the Commissioner bragged anyway about how proud he was about the way the game was cleaning itself up. This coincided with Barry Bonds and Roger Clemens trials that produced almost nothing, fewer home runs and absolutely no confidence that baseball had anything under control.

— Finally, we moved into the GAROD (Get A-Rod) Era, also known as Fryin’ Ryan, in which Selig and baseball folks put on their deputy badge, loaded the single bullet into the gun, did some investigatin’, and fired serious suspensions at former MVP Ryan Braun, good players Jhonny Peralta and Nelson Cruz, a bunch of other guys and, mostly, Alex Rodriguez, who they slammed with a 211-game suspension because, um, I think because it’s a primorial prime number.*

*Look it up! I did!

And what will be the reaction to this? Will people say: ‘Good for baseball! Cleaning up the game! I think it’s much cleaner now! I’m more of a baseball fan today than I was yesterday!’

No.

Will people say: ‘Good for Bud Selig! Yeah, maybe he was a little bit clueless or entirely negligent in the early days of the steroid scandal but he’s made up for that by punishing these cheating ballplayers and, especially, for coming up with some crazy suspension number for Alex Rodriguez that probably won’t hold up in appeal!’

No.

What will people say? Most of them will say nothing at all because they’re studying for their fantasy football draft.

Yes, how many times has Bud Selig looked across the way and grumbled bitterly about professional football. The NFL has 330-pound offensive linemen who can lift forklifts. The NFL has 250-pound linebackers who move faster than Porsches. The NFL has running backs who can sprint like Usain Bolt, then stop instantly like the Road Runner from the cartoons. And so on.

Meanwhile, if a baseball player hit four home runs in a week, Twitter is dancing with steroid allegations.

The NFL drug tests will get a few players here and there, though few stars. The punishments will be a handful of games. And generally speaking, nobody seems to care too much (or at all) about any of it. Some players have been hurt by players who were found to be using steroids – there seems almost no outrage about any of it. As more than one baseball official has muttered over the last few years: “How does football avoid all of it?”

The answers always seemed too pat to me. I’ve heard it said that the difference is record-keeping – baseball’s records are cherished while nobody cares about football records. I’ve heard it said that the difference is familiarity – fans feel like they KNOW baseball players while football players are hidden behind facemasks and under armor. I’ve heard it said the difference is the violence – football players have to endure so much pain and brutality, that it would be almost cruel to deny them PEDs just for survival.

MORE: Subdued A-Rod: ‘I’m fighting for my life’

I have another theory, but first it’s worth taking a moment to discuss Baseball getting A-Rod. It’s worth noting that for all the talk about steroids, MLB has rarely actually caught anybody. They never punished Barry Bonds (unless you believe the owners colluded to keep him out of the game at the end), never punished Roger Clemens, never punished Mark McGwire. Jason Giambi admitted using – no suspension. Gary Sheffield said he might have unknowingly used – no suspension. Andy Pettitte admitted using HGH twice … no suspension. The list goes on and on.

There are good reasons Baseball did not suspend any of these people by the way – but it still paints a picture. And the picture is of a bunch of kids trying to sneak into the ballpark without paying, and the helpless ticket guy (representative of MLB) trying to grab as many as he can, while shouting in a funny Irish accent: “You … little … squirts … get back here … oh … when … I … get … my … hands … on … you!” And in the end the guy catches one, holds up him by the scruff of his neck, and says, “I’ll make an example of this one, I will.”

So Baseball wants to make an example out of A-Rod, and he’s the obvious choice because almost nobody likes him. Well, he brought that on himself. He’s pompous, a bit delusional, strange, certainly a cheater, certainly a liar, and anyway not good enough anymore to have many Yankees fans in his corner.

When a governing body can unload on a wildly unpopular figure they tend do so with gusto and fury and all measure tossed out the window. So Baseball floated the crazy idea of a lifetime ban, cut off negotiations with A-Rod’s people, talked about keeping him off the field in the best interest of baseball and then slammed A–Rod with a suspension four-times longer (and many millions more expensive) than the others. None of it exactly seems “fair” – the guy used steroids to become a better baseball player, like many others; he didn’t torch a village — but when it comes to A-Rod, how many people care about fairness?

“Hit Da Roid!” the New York Daily News cover advised Rodriguez.

“Just Go!” the New York Post said a bit more succinctly.

So, at the moment, most people figure to side with Baseball no matter how big a suspension they give A-Rod. If they ruled that A-Rod should be imprisoned in the Tower of London, it would probably get 73 percent approval rating. But now the court shifts away from public opinion. The appeal process will probably take a while, allowing A-Rod to play. Baseball’s case against A-Rod might rely heavily on Biogenesis’ Tony Bosch, who isn’t exactly Walter Cronkite in the credibility department. They will have to make a strong case that what A-Rod did was SO much worse than what the others did. Maybe they have the goods. Maybe they don’t.

In other words, it could all still lead to another pie in the face for Bud Selig and baseball.

And this stuff never happens in football – at least not with performance enhancing drugs. My theory on that: There’s a fundamental difference in the way many people watch baseball and football. People watch football as pure spectators. Oh we get into the game. But I know of very few people who watch a football game and think, “Oh, I could see myself out there.” People may gripe when a quarterback takes a bad sack or a receiver drops a ball over the middle or a linebacker misses a tackle. But you don’t often hear them say: “Oh man, I could have done better than that.”

But in baseball, many people are more than spectators. Here in Washington at this Nationals-Braves game, for instance, I just saw Nationals first baseman Adam LaRoche botch an easy ground ball. And the thought popped into my head before I could stop it: I could have made that play. Of course, I couldn’t have made the play – but I will never convince my mind of that.

I never once see a receiver have the football and his body forcibly separated by a kamikaze hit from a safety and think: “Oh, I would have held on to that.”

That’s baseball. There’s a closeness to the game that baseball fans feel, a connection to the field, a memory of a diving catch made in Little League, a lingering feeling of a softball home run, a sense that if one or two things had gone right that it might be me out there. The players out there are stand-ins for our own baseball fantasies. We want them to entertain our delusions. That’s not necessarily fair, but that’s the game.

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

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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
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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.