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Is the MLBPA’s long-standing solidarity at risk as a result of Biogenesis?

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Howard Bryant has a fantastic article over at ESPN about the players union’s response to the Biogenesis scandal. In it he details how and why this PED scandal, unlike those which came before, represented the final straw for most players. Player who used to uniformly rally around those accused of cheating but who do so no longer. Who, in fact, are among the most critical voices of their fellow players.

Bryant wonders whether this shift is a harbinger of a greater fracturing of the union:

By publicly advocating unprecedented levels of punishments for violators now (players such as Schumaker and Detroit’s Max Scherzer publicly called for lifetime bans for first-time offenders), today’s players are essentially repudiating those attitudes so prevalent as recently as six years ago and during the height of the steroid era. But as a consequence, they might be exposing themselves to fragmentations that could shift the balance of power in baseball’s labor relationship in the favor of ownership. Biogenesis has inflamed the MLBPA’s membership. But in pushing for increased sanctions for PED use, players might be weakening their union’s longstanding position as the strongest negotiating body in the history of professional team sports.

It’s an interesting question, but I don’t think the union’s overall strength and solidarity is at risk.

Jonah Keri and I touched on this a bit on his podcast the other day, but my view is that there is a pretty clear delineation between PED issues and general pocketbook issues with which the union is normally concerned. There’s no reason why, on the one hand, the union can’t agree to stiffer PED penalties and begin to turn heavily on those among them who still cheat while still providing a unified front if the owners decided to, say, try to roll back the gains players have made in terms of salary, free agency and the like. There just isn’t some link between those issues and drug issues that necessitates a fissure on the part of the union in both instances.

Indeed, one could argue that the players’ solidarity regarding PED testing is a sign of health, not weakness of the union.  I’m put in mind of the United Auto Workers union in my hometown of Flint, Michigan. They became strong through solidarity and will. Then they spent decades getting everything they wanted. Then they, depending on who you talk to, either overreached tremendously and/or got stuck in a mindset where management’s views were never taken seriously and compromise, when it became necessary, wasn’t considered. Or, at the very least, was considered too late. Obviously there was a lot more going on with that and no sane view of the U.S. auto industry should absolve management completely, but it’s hard to walk away from that thinking that better outcomes wouldn’t have been realized if the union were more pragmatic. Solidarity is a huge part of a union’s power, but there comes a point where solidarity for its own sake is a weakness, not a strength.

I see the MLBPA as being pragmatic here. Their defense of A-Rod in the face of disproportionate punishment shows that they’re not throwing players under the bus, but the shifting views Bryant describes are setting the stage for them to agree to changes in the Joint Drug Agreement that pleases its membership. Still: despite all the tough talk now, I think it’s highly unlikely that they’d surrender their rights in a wholesale fashion in any changes to the JDA. When asked if Ryan Braun should be squashed, it’s an understandable emotional reaction to say “hell yeah!” When they sit down at a table and hypothetical changes are proposed that could squash any player, they may not be so quick to agree.

But no matter what happens with baseball’s drug rules, if Bud Selig tied to exploit this seeming softening of the union to, say, eliminate guaranteed contracts altogether or something, he would face fierce opposition. It’d be like 1994 all over again. Why? Because the union isn’t dumb and is fully capable of treating two different issues in two different ways. To the extent the owners and Selig misperceive this and attempt to exploit what they believe to be the union’s weakness, they will be in for a very rude awakening.

Minor League Baseball established a political action committee to fight paying players more

DURHAM, NC - JULY 28:  The Chicago White Sox play the Most Valuable Prospects during the championship game of the 2011 Breakthrough Series at the Durham Bulls Athletic Park on July 28, 2011 in Durham, North Carolina.  Most Valuable Prospects won 17-2 over the Chicago White Sox. (Photo by Sara D. Davis/Getty Images)
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Josh Norris of Baseball America reports that Minor League Baseball has established a political action committee to continue fighting against a lawsuit brought by a group of former minor league players seeking increased wages and back pay.

You may recall that, earlier this year, two members of Congress — Republican Brett Guthrie of Kentucky and Democrat Cheri Bustos of Illinois — introduced H.R. 5580 in the House of Representatives. Also known as the “Save America’s Pastime Act,” H.R. 5580 sought to change language in Section 13 of the Fair Labor Standards Act of 1938. In doing so, minor leaguers wouldn’t have been covered under a law that protects workers who are paid hourly. Minor League Baseball publicly endorsed the bill. Bustos withdrew her support after receiving widespread criticism.

The whole thing started when Sergio Miranda filed a lawsuit in 2014, accusing Major League Baseball teams of colluding to eliminate competition. The lawsuit challenged the reserve clause, which binds minor leaguers into contracts with their teams for seven years. That suit was dismissed in September 2015. However, another lawsuit was filed in October last year — known as Senne vs. the Office of the Commissioner of Baseball — alleging that minor leaguers were victims of violations of state and federal minimum wage laws. Senne et. al. suffered a setback this summer when U.S. Magistrate Judge Joseph Spero of the U.S. District Court in San Francisco dismissed class certification. That essentially meant that the players could not file a class-action lawsuit. As a result, the players’ legal team led by Garrett Broshuis amended their case to only include players who play in one league for an entire season. As Norris notes, that means that the included players’ experiences are uniform enough for inclusion in a class-action lawsuit.

So that’s why Minor League Baseball established a political action committee (PAC). A PAC, for the unfamiliar, is an organization created with the intent of raising money to defeat a particular candidate, legislation, or ballot initiative. In other words, they’re getting serious and want Capitol Hill’s help.

Minor League Baseball president Stan Brand said, “Because of procedurally what has happened in the Congress and the difficulties in getting legislation, we’ve got to adjust to that. We were lucky. We had the ability because of the depth of the relationships and involvement in the communities to not have to worry about that. And now we do, I think. The PAC . . . gives us another tool to re-enforce who we are and why we’re important.”

Norris mentions in his column that Phillies minor league outfielder Dylan Cozens received the Joe Baumann Award for leading the minors with 40 home runs. That came with an $8,000 prize. Cozens said that the prize was more than he made all season. The minor league regular season spanned from April 7 to September 5, about six months. Athletes aren’t paid in the other six months which includes offseason training and spring training. They are also not paid for participating in instructional leagues and the Arizona Fall League. Minor leaguers lack union representation, which is why their fight for fair pay has been such an uphill battle.

Report: White Sox, Nationals making “strong progress” on a Chris Sale deal

CHICAGO, IL - SEPTEMBER 27:  Starting pitcher Chris Sale #49 of the Chicago White Sox deliivers the ball against the Tampa Bay Rays at U.S. Cellular Field on September 27, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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Jon Heyman of FanRag Sports reports that the White Sox and Nationals are making “strong progress” on a trade involving ace Chris Sale. Most reports coming out on Monday night suggest that a deal isn’t likely to be consummated until Tuesday at the earliest.

Sale, 27, has pitched in the majors over parts of seven seasons. He owns a career 74-50 record with a 3.00 ERA and a 1,244/260 K/BB ratio in 1,110 innings. The lefty will earn $12 million in 2017, then has a club option for 2018 worth $12.5 million with a $1 million buyout as well as a 2019 club option worth $13.5 million with a $1 million buyout. Relative to what he would earn if he were a free agent today, Sale’s remaining salary is a bargain.

The Nationals would likely have to part with several of their top prospects. MLB Pipeline lists pitcher Lucas Giolito, outfielder Victor Robles, and pitcher Reynoldo Lopez in the club’s top-three.

Adding Sale would arguably give the Nationals claim to the best starting rotation in baseball as he would join 2016 NL Cy Young Award winner Max Scherzer and Stephen Strasburg.

There are other teams in the mix for Sale. The Red Sox and Astros have also talked with the White Sox about the lefty’s services.