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The Arbitrator’s Decision: Creatively Counting to 150

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I’ve received a copy of the complaint Alex Rodriguez has filed in federal court seeking to overturn the arbitration decision against him and naming the MLBPA as a defendant as a result of their alleged failure to advance and aid in his defense. A full copy of the documents can be read here.

I have skimmed past the initial complaint allegations — many of them are repeats from his previous lawsuit against Major League Baseball and we’ll get to those in due time — and have gone down to the arbitrator’s decision in order to try to understand the basis for Rodiguez’s 162-game suspension. The breakdown: 150 games for violating the Joint Drug Agreement and 12 games for obstructing Major League Baseball’s investigation.

Following a lengthy recitation of the facts, the overview from the arbitrator is short and sweet:

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  • AROD’S VIOLATION OF THE JOINT DRUG AGREEMENT AND HOW THE ARBITRATOR GOT TO 150 GAMES FOR DRUG VIOLATIONS

The fact of a violation is laid out fairly painstakingly via the arbitrator’s review of the facts, as provided by Anthony Bosch and his records. Multiple contacts between Bosch and Rodriguez over a period of three years, during which Bosch provided multiple banned substances to him. How many? Three distinct ones, which becomes important to the penalty:

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Why is three important? Because each side and the arbitrator agreed that the standard 50 game/100 game/lifetime ban penalties only apply when there is a SINGLE violation, as evidenced by an actual positive drug test. When there is a pattern of use — say, of three substances across three years, the Commissioner can use “just cause” penalties and use his discretion:

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This is where I take issue with the arbitrator. Section 7(A) is not purely limited to a single positive test. It says this:

A player who tests positive for a Performance Enhancing Substance, or otherwise violates the Program through the possession or use of a Performance Enhancing Substance, will be subject to the discipline set forth below. (emphasis mine) 1. First violation: 50-game suspension; 2. Second violation: 100-game suspension; 3. Third violation: Permanent suspension from Major League and Minor League Baseball.

I would think that A-Rod is in the “or otherwise violates” camp and that 7(A) is still in play. 7(G), the just cause provision he moved under, is not invoked unless the violation is “not referenced” in section 7(A). I’d argue that “otherwise violates” is referenced there, but the MLBPA and A-Rod appear to have conceded the matter, so there we are.

But even the arbitrator seems uncomfortable with giving Selig a blank slate. He tries to look at the “guideposts” of the 50/100/life matrix in section 7(A) and sort of retrofit A-Rod’s drug use on to it. It’s a long passage, but it’s AMAZING. He says 7(A) doesn’t apply, so we go elsewhere, but if 7(A) DID apply, we’d be able to stack up 50-game penalties against A-Rod because he used three things:

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Never mind that the Neifi Perez case did not involve HGH or testosterone, it involved stimulants, which are treated quite differently. Never mind that other Biogenesis players — specifically Bartolo Colon and Melky Cabrera — were not given multiple levels of discipline because, according to baseball, they already did their time, as it were.  This seems remarkably shaky to me. It is a new way of approaching drug discipline that just so happens to achieve Major League Baseball’s desired result of a lengthy suspension.

Major League Baseball actually argued for a lifetime ban here, saying that if A-Rod had three distinct offenses he’d get a 50, a 100 and a lifetime stacked on top of each other. That actually makes more sense to me. After all, if a player who got a 50 game test suspension last year tested positive for a different substance tomorrow, he’d get 100 games. There would not a be a 50 game suspension because it is a different substance, which is what the arbitrator is basically doing here. In essence, the arbitrator is going lighter on A-Rod than the logic he actually subscribes to would have him do. It would at least be intellectually consistent for him to ban Rodriguez for life.  The arbitrator was obviously loathe to do that. But if the logic train he followed drove him off a cliff, maybe he shouldn’t have followed that logic train in the first place. Maybe he shouldn’t have tried to invent his own standard.

  • ANTHONY BOSCH’S CREDIBILITY: POOR, BUT NOT FATAL

As for A-Rod’s attacks on Bosch’s credibility, the arbitrator was not impressed. He took notice of the fact that Bosch was a scumbag who sold drugs, lied about his credentials and contradicted his own story multiple times in the runup to the hearing. But, even with that in mind, Bosch’s testimony was corroborated and was not contradicted:

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Much of the corroboration came via text messages between Rodriguez and Bosch. Blackberry text messages. The richest player in the history of baseball uses a Blackberry. Think about that for a bit.

  • A-ROD’s OBSTRUCTION OF THE INVESTIGATION

Major League Baseball has spent a lot of time and energy trying to establish that A-Rod obstructed the investigation, sought to buy or destroy evidence and, if you believe Bosch himself on “60 Minutes” last night, tried to threaten and intimidate him or, at the very least, tried to shoo him out of the country for a while.  The arbitrator did not buy most of this, it seems. He focused instead on A-Rod denying he knew Tony Bosch and trying to get Bosch to lie:


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I think it’s safe to say that Major League Baseball’s claims of A-Rod’s awful obstruction were greatly overstated. And, in light of what MLB did to obtain evidence, it acted in a far more shady manner than A-Rod did.

  • BREACHES OF CONFIDENTIALITY OF THE DRUG PROGRAM

There was a brief discussion of the confidentiality violations of the parties. Leaks to the media and press conferences and things during a process that is supposed to have everyone quiet and respectful of what is, by design, a secret proceeding.  The arbitrator basically threw up his hands here, noted that both sides did it all the time, that he couldn’t do anything to hunt down the leaks in anything approaching a timely manner and that, ultimately, it didn’t matter because the leaks and things did not affect his decision.

That actually seems pretty smart. No one did well in this department.

  • CONCLUSION

So that’s the first pass here. It’s hard to disagree with the arbitrator’s finding of some violation. It’s clear that the obstruction evidence presented by Major League Baseball was not terribly persuasive to him, as it amounted to only 12 games on top of the 150-game suspension. Finally, it’s clear to me that the 150-game suspension was based on, at the very least, a unique interpretation of the Joint Drug Agreement.

I believe, ultimately, that Major League Baseball will win the lawsuit A-Rod filed today as his best arguments are one of interpretation of the Joint Drug Agreement, and that is not enough to cause a court to overturn an arbitration. But I do believe that the arbitrator’s interpretation of the JDA was unsound and that the result — suspending Alex Rodriguez for a long time — was the tail that wagged the dog of his legal interpretation.  That’s what Major League Baseball wanted. It’s what the arbitrator felt he should get.  And he found a way to make it happen.

A way I do not believe anyone else ever considered before. Or, for that matter, should have.

The Chicago Cubs: Spring training games, regular season prices

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Craig Calcaterra
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MESA, AZ — I’ve been covering spring training for eight years, and in just those eight years a lot has changed in the Cactus and Grapefruit League experiences. The parks are bigger and fancier and the vibe is far more akin to a regular season major league one than the intimate and laid back atmosphere most people think of when they picture February and March baseball.

Just imagine, however, how much has changed if you’ve been coming to Florida or Arizona for a really long time.

“When we first started coming, you could bring your own beer in,” says Don Harper, a lifelong Cubs fan from Kennewick, Washington who spends his winters in Arizona. “You couldn’t bring a cooler, but you could bring a case of beer and a bag of ice and you just set it down in between you and you just put the ice on it and keep it cold.”

I asked Don if the beer vendors complained.

“They didn’t sell beer,” he said.

That was three decades and two ballparks ago. They certainly sell beer at the Cubs’ gleaming new facility, Sloan Park. Cups of the stuff cost more than a couple of cases did back when Don first started coming to spring training.

The price of beer is not the only thing that has changed, of course. The price of tickets is not what it used to be either. Don told me that when he started coming to Cubs spring training games tickets ran about seven dollars. If that. It’s a bit pricer now. Face value for a single lawn ticket, where you’ll be sitting on a blanker on the outfield berm — can be as high as $47 depending on the day of the week and the opponent. Infield box seats run as high as $85.

The thing is, though, you’re not getting face value seats for Cubs spring training games. Half of the home games sold out within a week of tickets going on sale in January. Since then just about every other game has sold out or soon will. That will force you to get tickets on the secondary market. According to TickPick, the average — average! — Cubs spring training ticket on the secondary market is $106.30. For a single ticket. It’s easily the highest price for spring training tickets in all of baseball, and is $26 higher than secondary market tickets for the next highest team, the Red Sox:

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That may be shocking or even appalling to some, but as the automatic sellouts at Sloan Park and those high secondary market prices suggest, there are at least 15,000 people or so for each Cubs home game who don’t seem to mind. Supply meet demand meet the defending World Series champions.

I spoke with two younger Cubs fans, Corey Hayden and Eleanor Meloul, who traveled here from Salt Lake City. On Sunday they lucked out and got a couple of lawn seats for $28. On Saturday, however, they paid $100 a piece on StubHub to get some seats just beyond third base. I asked them if there is some price point that would keep them from coming.

“There isn’t one,” Hayden said. “I paid $4,500 for a World Series ticket, so . . .”

Don Harper wouldn’t do that, but he doesn’t really mind the higher prices he’s paying for his spring tickets. Of course, he’s a longtime season ticket holder so he gets access to the face value seats. I asked him whether his spring training habit would end if those prices got jacked up higher, as the market would seem to bear, or if he had to resort to the secondary market.

Don paused and sighed, suggesting it was a tough question. As he considered it, I put a hard number on it, asking him if he’d still go if he had to pay $50 per ticket. “Yeah, probably,” he said. “$75?” I asked. He paused again.

“As long as I got enough money.”

Don is a diehard who, one senses, will always find a way to make it work. Corey spent a wad of cash on that once-in-a-lifetime World Series ticket, but he and Eleanor seem content to bargain hunt for the most part and splurge strategically. If you’re a Cubs fan — and if you’re not rich — that’s what you’ll have to do. The ticket it just too hot.

Mets leaning on Jay Bruce, Neil Walker as Lucas Duda insurance

LOS ANGELES, CALIFORNIA - MAY 12:  Pinch hitter Lucas Duda #21 of the New York Mets walks back to the dugout after striking out for the first out of the ninth inning against Clayton Kershaw #22 of the Los Angeles Dodgers at Dodger Stadium on May 12, 2016 in Los Angeles, California.  The Dodgers won 5-0.  (Photo by Stephen Dunn/Getty Images)
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The Mets have begun working outfielder Jay Bruce and second baseman Neil Walker at first base as potential insurance in the event Lucas Duda continues to experience back discomfort, Mike Puma of the New York Post reports. Duda has been sidelined recently due to back spasms and missed all but 47 games last season as a result of a stress fracture in his lower back.

Manager Terry Collins spoke about Bruce’s work at first base on Sunday, saying, “I liked everything I saw today. “It looks like he’s got the athleticism, he’s got the hands, he’s got the arm angle. He made some throws in our drills that you wouldn’t expect an outfielder to be able to make, but yet he does. If that’s where we have to go, I think we’ll be fine.”

Bruce has only three games’ worth of experience at first base at the major league level, but still has high expectations for himself. He said, “I am going to work at it. I want to give myself a chance and the team a chance. I am not going to go over there and be a butcher. It’s just not the way I go about my business on the baseball field and it wouldn’t be fair to the team if I wasn’t capable to do it, so I am going to work at it and we’ll see what happens.”

The Mets made Bruce available via trade over the offseason but didn’t get an offer that whet their appetite. As a result, Michael Conforto appears to be the odd man out in the Mets’ crowded outfield.