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MLB, MLBPA announce stronger testing, harsher penalties for PEDs

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In the wake of the Biogenesis scandal and Alex Rodriguez’s subsequent 162-game suspension, Major League Baseball and many of its players have called for tougher drug testing and harsher suspensions for violations of baseball’s drug policy.

They just got it.

Major League Baseball and the MLBPA have announced that they have reached agreement on changes to the drug testing program which enhance testing procedures and increase penalties for taking PEDs.

The enhanced testing procedures

  • The number of in-season random urine collections will more than double beginning in the 2014 season, from 1,400 total tests to to 3,200;
  • Blood collections for hGH detection will increase to 400 random collections per year, in addition to the 1,200 mandatory collections conducted during Spring Training;
  • Carbon Isotope Ratio Mass Spectrometry tests will be randomly performed on at least one specimen from every player. Basically, this is an enhanced analysis of blood samples which are considered more effective in detecting hGH in blood and are tests endorsed by the World Anti-Doping Agency.

The enhanced punishment

  • A first-time violation of the Joint Drug Program will now result in an unpaid 80-game suspension, increased from 50 games.  A player’s second violation will result in an unpaid 162-game suspension, increased from 100 games.  A third violation will result in a permanent suspension from Baseball.
  • A suspension of 162 games will result in 183 days worth of pay docking, to account for the fact that players are paid baed on a 183-day schedule as opposed to being paid per game. This was implemented in reaction to Alex Rodriguez still receiving some pay this year despite a 162-game ban.
  • Every Player whose suspension for a performance-enhancing substance is upheld will be subject to six additional unannounced urine collections, and three additional unannounced blood collections, during every subsequent year of his entire career.

MORE: To read the full summary of the MLB-MLBPA joint drug program modifications, click here

There are also some advantages to players under the new system. Specifically, if a player tests positive, he can argue to an arbitrator that his use of PEDs was not intended to enhance performance. This changes things from the “zero tolerance” policy which previously existed and under which someone faced first-time discipline even if their PED use was accidental.

Additionally, the league and the union are creating a safe harbor of sorts: they have established a program in which players will have year-round access to supplements that will not cause a positive test result. This should reduce confusion on banned over-the-counter substances and reduce the use of the “I got this from GNC and thought it was OK” defense many have raised in the past.

Many anti-doping experts already viewed Major League Baseball as having the toughest drug testing regime in all of U.S. team sports. This only increases baseball’s lead in this regard.

It does, however, present some reasons for concern. As we at HBT argued this morning, the playoff ban for those players who tested positive and have already served their entire suspensions seems somewhat draconian and will result in harsher penalties for players on winning teams than those on losing teams. It also punishes innocent players on playoff teams in ways the previous system did not before. Moreover, merely adding games to first and second offenses may make everyone feel like the system is tougher, but it must not be assumed that the same basic incentive to cheat — if a player can get away with it, it could mean millions of dollars — will always persist. We execute murderers yet murder still occurs.

At the same time, the strengthening of the drug testing procedures and the implementation of the supplement supplies is most welcome. If the players in the Biogenesis investigation had been caught via testing, no one would have thought of that episode in baseball as a particularly black mark and a year’s worth of bad publicity and litigation would not have been necessary. The best way to cut down on PED use in baseball is to catch the guys who cheat, not to try to make up for testing failures with harsh rhetoric and tactics after the holes in the drug testing system are exposed.

Either way, this is a significant increase in the strength of the drug testing program and will likely be met with overwhelming praise by players, fans, the media and the clubs.

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)
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)
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.