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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.

Jose Bautista had a courtside view of Saturday night’s epic NBA Slam Dunk Contest

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Zach LaVine of the Minnesota Timberwolves and Aaron Gordon of the Orlando Magic put on a tremendous show in Saturday night’s NBA Slam Dunk Contest up in Toronto, Canada. The stars were out to see it at the Air Canada Centre, and Blue Jays slugger Jose Bautista had one of the very best views in the house. Check out this video he posted to Instagram of LaVine’s final dunk, a between-the-legs jam from just inside the free throw line …

Its a wrap!!! #BackToBack #SlamDunk #Champion @zachlavine8 🙌🏽🙌🏽🙌🏽🙌🏽

A video posted by Jose Bautista (@joeybats19) on

That is Toronto’s very own Drake going wild in the pink jacket. Gordon probably had the best individual dunk of the night, though, if we’re being really real …

Back to your regularly scheduled baseball programming. Pitchers and catchers report Friday.

Cubs expected to host an All-Star Game in the near future

A general view of Wrigley Field and the newly renovated bleachers during the second inning of a baseball game between the the Chicago Cubs and Cincinnati Reds Thursday, June 11, 2015,  in Chicago. Chicago won 6-3. (AP Photo/Paul Beaty)
AP Photo/Paul Beaty
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The 2016-18 All-Star Games are spoken for, but the Cubs could play host not long thereafter according to commissioner Rob Manfred, Bruce Levine of CBS Chicago reports.

The Padres are hosting at Petco Park this year, the Marlins will host at Marlins Park next season, and the Nationals will host in 2018 at Nationals Park. That will make four consecutive National League hosts and five if the Cubs get it in 2019. In the past, the National and American Leagues have alternated hosting privileges. That is sort of important now since the league that wins the All-Star Game gets home field advantage in the World Series.

The Cubs last hosted the All-Star Game in 1990 and have hosted a total of three times (1962 and 1947 being the other years) since its inception in 1933.

Wrigley Field has been undergoing renovations which are expected to be completed by the 2019 season. Manfred said that the Cubs hosting the All-Star Game “will provide the Cubs and Ricketts family a chance to showcase the unbelievable renovation they are in the midst of doing for Wrigley field.”

Update: Here’s a table showing the last time each team hosted the All-Star Game.

Team Park Last Hosted Yrs Since Notes
Dodgers Dodger Stadum 1980 35
Nationals Olympic Stadium (Expos) 1982 33 2018 host
Athletics Oakland-Alameda County Coliseum 1987 28
Cubs Wrigley Field 1990 25
Blue Jays SkyDome 1991 24
Padres Jack Murphy Stadium 1992 23 2016 host
Orioles Oriole Park at Camden Yards 1993 22
Rangers The Ballpark in Arlington 1995 20
Phillies Veterans Stadium 1996 19
Indians Jacobs Field 1997 18
Rockies Coors Field 1998 17
Red Sox Fenway Park 1999 16
Braves Turner Field 2000 15
Mariners Safeco Field 2001 14
Brewers Miller Park 2002 13
White Sox U.S. Cellular Field 2003 12
Astros Minute Maid Park 2004 11
Tigers Comerica Park 2005 10
Pirates PNC Park 2006 9
Giants AT&T Park 2007 8
Yankees Yankee Stadium 2008 7
Cardinals Busch Stadium 2009 6
Angels Angels Stadium of Anaheim 2010 5
D’Backs Chase Field 2011 4
Royals Kauffman Stadium 2012 3
Mets Citi Field 2013 2
Twins Target Field 2014 1
Reds Great American Ball Park 2015 0
Marlins Never Hosted 2017 host
Rays Never Hosted

Kyle Hendricks and Adam Warren will compete for No. 5 spot in Cubs’ rotation

Chicago Cubs pitcher Kyle Hendricks throws during the first inning of Game 3 of the National League baseball championship series against the New York Mets Tuesday, Oct. 20, 2015, in Chicago. (AP Photo/David J. Phillip)
AP Photo/David J. Phillip
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Expect Kyle Hendricks and Adam Warren to battle it out for the fifth spot in the Cubs’ starting rotation this spring, writes Gordon Wittenmyer for the Chicago Sun-Times. Clayton Richard could serve as a fallback option as well.

Hendricks, 26, pitched well in his first full season in 2015. He finished with a 3.95 ERA and a 167/43 K/BB ratio over 180 innings. That was a solid follow-up to his rookie campaign in 2014, when he posted a 2.46 ERA over 13 starts.

The Cubs acquired Warren, 28, from the Yankees in the Starlin Castro trade. He contributed both out of the rotation and the bullpen in the Bronx this past season, pitching 131 1/3 innings with a 3.29 ERA and a 104/39 K/BB ratio.

One through four, the Cubs’ rotation is solid with defending National League Cy Young Award winner Jake Arrieta, Jon Lester, John Lackey, and Jason Hammel.

Mets GM Sandy Alderson plans to limit David Wright to 130 or fewer games

David Wright
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Mets third baseman David Wright missed four months of the 2015 season due to spinal stenosis. In other words, Wright dealt with a narrowing of his spinal column. Going forward, the Mets plan to be cautious with Wright so as not to overuse him.

As ESPN’s Adam Rubin reports, Mets GM Sandy Alderson plans to have the 33-year-old Wright play in no more than 130 games. Alderson said, “We’re gonna make sure that he’s not overworked. So it’s important for us to find somebody who can play 30 games or so at third base when he’s not in there. But I think we have to be realistic, and not expect that he’s gonna be an absolute everyday [player] out there playing 150 or 155 games. That’s not gonna happen.”

Wilmer Flores played 26 games at third base in his rookie season in 2013, so he could back up Wright as needed. But Alderson mentioned that because Wright would mostly sit against right-handed pitchers, the switch-hitting Neil Walker or Asdrubal Cabrera could get the call at the hot corner.

When he was on the field last season, Wright hit a productive .289/.379/.434 with five home runs and 17 RBI in 174 plate appearances.