The MLBPA continues to shoot itself in the foot regarding PEDs


Most players are adamantly anti-PEDs now. Unlike their complicit or passive predecessors, today’s players don’t, for the most part, accept PEDs as just part of the game. They’re competitors and they see PED use as their competition cheating. They consider these guys to be taking money and service time away from other players. They are legitimately angry about it. And they should be.

But the manner in which they have expressed that anger — publicly, emotionally or by being quoted at length by baseball’s top writer calling for draconian punishments — is neither the best way to address their concerns about PED use in the game nor is it in their best interests in a larger sense. Indeed, it undermines their interests and sets them up to be taken advantage of by the owners both with respect to PEDs and other matters which affect their lives and their livelihoods.

PED rules and every other rule which affect the circumstances of baseball players are the subject of collective bargaining. It’s union stuff, negotiated with ownership. And it’s a zero sum game. You make a concession, you get something in return. If you give up something for nothing, you get nothing. It’s like any other sort of negotiation. If you cease to treat it as one, you lose your leverage to get what you want. You get no points whatsoever for your personal virtue, your public position and what people not party to the negotiation think of you. Players loudly and publicly proclaiming their desire for the harshest possible PED penalties are like a man in midlife crisis walking into a Porsche dealership wearing a shirt that says “I will not leave here without a red 718 Boxter.”

Ownership knows that the players will agree to anything and will even put the anything on the table themselves. And they’ll take maximal advantage of the players. For example, maybe the players are in favor of a contract-voiding provision in the narrow case of PED use. Maybe they see it as something confined solely to drug situations. The owners could jump at that knowing full well that, for the first time, the union has caved some on the critical concept of guaranteed contracts in baseball and will use that as a basis to make further inroads later. Maybe the players want to suspend players pending their drug test appeal. The owners will nod and privately acknowledge that players will, in the right cases, negotiate away their due process protections. Once a party caves on something, even if it’s a broad concept, it’s extraordinarily difficult for them to later present a credible defense to that concept or to claim that it is sacrosanct.

At the same time, maybe there are things the players can actually GAIN if they’re more guarded in their approach. Many acknowledge that PED use is, at least in part, a function of players trying to keep their bodies together over the long grind of the baseball season. Meanwhile, players would love more off-days and changes to the schedule. Why not link these issues and, in exchange for some harsher penalties, force the owners to give them some schedule relief? Why not get something they want and need in exchange for giving something up? It’s an ideal situation for a party to a negotiation and it’s a situation lost if one spends months before the negotiation making it clear that they’ll freely give away something that would otherwise have to be paid for.

None of which is to say that the players cannot or should not try to get exactly what they want, up to and including, I dunno, an instant death penalty for PED users if they feel it’s necessary. It’s to say that, to get that, they have to be unified. They have to agree on a strategy to get what they want and execute it the same way every other strategy is executed in these situations. There is no negotiating strategy that has ever been helped by loudly signaling to your adversary what it is you’re trying to accomplish. Being guarded about what it is you value and how you value it in the context of a negotiation does not mean that you don’t value it. Demanding that the owners compensate you for an increased PED sanction does not mean that you’re pro-PEDs.

I look at Justin Verlander‘s public comments and the comments of other players who are angry at PED users and I understand where that anger comes from. But I also know that, if Marvin Miller or Don Fehr were running the union today, those comments would be made in communications with union leadership and fellow players for the purposes of developing a strategy, not in public for the purposes of venting anger. They would form the basis of a consensus with which a unified MLBPA could approach ownership in a way best calculated to accomplish the players’ goals. As I put it rather crudely on Twitter this morning, if players in Miller and Fehr’s day spoke publicly in a way that undermined the MLBPA’s negotiation leverage, they’d end up in body bags.

This morning I wonder what Tony Clark is doing to address the legitimate anger of players like Justin Verlander. Does he have their confidence that he can accomplish what they want to accomplish with respect to harsher PED penalties? Are their public comments actually frustration by players at what they perceive to be a union which doesn’t value their concerns? Or, alternatively, are the players simply not as invested in the sort of unanimity of voice that all unions require to be successful? And if so, why not? Is it because they’re complacent or has MLBPA leadership simply not done as good a job explaining to them the real consequences of a failure of solidarity?

Dee Gordon‘s suspension is not, in and of itself, a big deal. But it could have some big repercussions. The MLBPA and its membership had best be on the same page, publicly and privately, if they want to ride out the repercussions and shape their future in a way that best serves their interests. As opposed to the interests of ownership which, in the context of the CBA, is their adversary, even if their interests often coincide.