Report: A-Rod banned through 2014?

bankshot1

Member
SoSH Member
Feb 12, 2003
24,820
where I was last at
IHateDaveKerpen said:
Michael Kay on Twitter: You're not going to hear ARod on my radio show anytime soon. He's looking for blind support and he won't get it here. Not seeing it his way.
 
I guess Kay has opted to support the guy who's writing his paycheck. Its shocking he's a YES-man
 

mauf

Anderson Cooper × Mr. Rogers
Moderator
SoSH Member
You can't offer a definitive opinion on the CBA without knowing how it has been interpreted by arbitrators in the past. To my knowledge, those decisions aren't publicly available.
 
With that caveat, the "just cause" standard in the CBA seems to grant Selig less discretion over punishment than his NFL and NBA counterparts enjoy.
 
As I've said before in other threads, the notion that guaranteed contracts are guaranteed is the #1 issue for any union in a professional sport where contracts are guaranteed. The MLBPA will put aside their distaste for A*Rod and defend him vigorously if Selig hands down a decision that's tantamount to voiding A*Rod's contract.
 
To my knowledge, lifetime bans have only been handed down in the past for involvement in gambling. As most SoSHers know, gambling is sui generis when it comes to discipline in professional baseball. It's possible that A*Rod could receive the first non-gambling lifetime ban, but the evidence would have to be incredibly damning.
 

bankshot1

Member
SoSH Member
Feb 12, 2003
24,820
where I was last at
Francesa: The NY Yankees are saying they can't find/contact Dr Gross (the dr who reviewed ARod's MRI), who apparently is the head of Orthopedic Surgery at Hackensack Medical Ctr. 
 
This is getting funnier by the minute.
 

jon abbey

Shanghai Warrior
Moderator
SoSH Member
Jul 15, 2005
71,212
That doctor is backing off what he said earlier, Francesa is such a worthless bozo:

http://www.cbssports.com/mlb/blog/jon-heyman/22871920/arods-got-socbsme-problems-but-his-quad-strain-is-less-severe-than-jeters
 
Edit: This is the best quote from there: "A Yankees person told CBSSports.com they don't believe Gross even saw the same MRI, since Columbia-Presbyterian Hospital, where Ahmad examined A-Rod, said nobody requested a copy and in fact Rodriguez declined to keep a copy for himself.."
 

bankshot1

Member
SoSH Member
Feb 12, 2003
24,820
where I was last at
jon abbey said:
That doctor is backing off what he said earlier, Francesa is such a worthless bozo:

http://www.cbssports.com/mlb/blog/jon-heyman/22871920/arods-got-socbsme-problems-but-his-quad-strain-is-less-severe-than-jeters
 
Edit: This is the best quote from there: "A Yankees person told CBSSports.com they don't believe Gross even saw the same MRI, since Columbia-Presbyterian Hospital, where Ahmad examined A-Rod, said nobody requested a copy and in fact Rodriguez declined to keep a copy for himself.."
Francesa did nothing wrong. He gave air time to the doctor who reviewed the MRI. 
 
Edit: btw: this has been great talk radio. Francesa, who usually is a huge Yanee fan boy, is killing it today.
 

Sampo Gida

Member
SoSH Member
Aug 7, 2010
5,044
If a player does not agree with being placed on the DL, or being kept on the DL after his 20 day rehab assignment is over, can't he file a
grievance?
 
And from a fans perspective (those who only care about winning), your team is getting killed due to lack of production at DH and 3B, and you have a guy saying he can play (unlike Jeter whose Grade 1 strain is apparently more severe or is not responding as quickly ) . 
 
jon abbey said:
That doctor is backing off what he said earlier, Francesa is such a worthless bozo:

http://www.cbssports.com/mlb/blog/jon-heyman/22871920/arods-got-socbsme-problems-but-his-quad-strain-is-less-severe-than-jeters
 
Edit: This is the best quote from there: "A Yankees person told CBSSports.com they don't believe Gross even saw the same MRI, since Columbia-Presbyterian Hospital, where Ahmad examined A-Rod, said nobody requested a copy and in fact Rodriguez declined to keep a copy for himself.."
 
So maybe he had a new MRI done?   I think Arod can afford it.
 

Stanley Steamer

Member
SoSH Member
Jan 11, 2012
1,438
Rossland, BC
Unbelievable! It just keeps getting better with this narcissistic clown. It stands to reason that he'll fight on in the courts against a lifetime ban or anything that voids his contract. On the other hand, if you were the Yanks, you would want something back for a player not being able to hold up his end of the bargain. Thanks phrenile for the insight as to how each side may interpret the rules.
Of course, as a Sox fan, I want to see the Yanks continue to be handicapped by his albatross of a contract, and the on-going distraction he causes is splendid theatre indeed. But it's in the interest of many in baseball to make the problem go away, as quickly and quietly as possible. It will be very interesting to see how this does play out.
 

bankshot1

Member
SoSH Member
Feb 12, 2003
24,820
where I was last at
So maybe he had a new MRI done?
 Francesa scoffed at the different MRI angle by saying that the MRI has a individual digital code on them and that the reporters should do a better job of checking stories or making allegations. 
 

Rovin Romine

Johnny Rico
Lifetime Member
SoSH Member
Jul 14, 2005
24,593
Miami (oh, Miami!)
Doctor G said:
ARod has enough money and connections to put together a legal team capable of making things very uncomfortable for the Yankees and MLB if he decides to. A trial that goes into the  medical and training staff of a team that has already had a long list of PED  users has to be something that  neither Yankee ownership and management as well as MLB would  want to risk. Making Arod  go away might come with a really high price for the ones who think they have the most to gain by making it happen.
 
Talk about get your popcorn ready. 
 
There's not going to be a trial.   If there is no settlement, Bud will issue a punishment.  A-Rod will appeal that per the CBA (see post #38 in this thread).  Bud is the judge and jury at the hearing. 
 
Once there's been a hearing A-Rod can try to ask the courts to intercede.  They may not do so. 
 
A-Rod can also try to sue MLB/the Union/the Yankees depending on what happens.  I doubt he has a cause of action to do so, however.  The CBA is most likely going to control.  Which is to say that at the end of the day it's very likely that no one will have cheated or harmed A-Rod; he'll just have been punished per the CBA.  I'm not sure what mud dragging A-Rod would be able to do as far as MLB/the Player's Union is concerned.  He may argue the Yankees knew something, but I don't see how he can sue them for it, unless they encouraged him to use PEDs then voided his contract over it.
 
maufman said:
You can't offer a definitive opinion on the CBA without knowing how it has been interpreted by arbitrators in the past. To my knowledge, those decisions aren't publicly available.
 
With that caveat, the "just cause" standard in the CBA seems to grant Selig less discretion over punishment than his NFL and NBA counterparts enjoy.
 
As I've said before in other threads, the notion that guaranteed contracts are guaranteed is the #1 issue for any union in a professional sport where contracts are guaranteed. The MLBPA will put aside their distaste for A*Rod and defend him vigorously if Selig hands down a decision that's tantamount to voiding A*Rod's contract.
 
To my knowledge, lifetime bans have only been handed down in the past for involvement in gambling. As most SoSHers know, gambling is sui generis when it comes to discipline in professional baseball. It's possible that A*Rod could receive the first non-gambling lifetime ban, but the evidence would have to be incredibly damning.
 
On the bolded bit: isn't the issue simply whether Selig can issue a ban or not?
 
I agree that the union would defend a contract that was arbitrarily voided, but how successful are they likely to be?
 
Moreover, are we sure that a lifetime ban/suspension would void the contract?  Or would it still be in force, but controlled by the CBA? (I haven't looked into it - I will, but if you have a quick answer I'd appreciate it.)
 

terrynever

Well-Known Member
Lifetime Member
SoSH Member
Aug 25, 2005
21,717
pawtucket
bankshot1 said:
I guess Kay has opted to support the guy who's writing his paycheck. Its shocking he's a YES-man
But he also works for ESPN. I wonder how those pillars of journalistic ethics feel about one of their radio hosts ignoring such a hot news topic.
 

E5 Yaz

polka king
Lifetime Member
SoSH Member
Apr 25, 2002
90,639
Oregon
terrynever said:
But he also works for ESPN. I wonder how those pillars of journalistic ethics feel about one of their radio hosts ignoring such a hot news topic.
 
They're all too busy interviewing co-worker Ray Lewis about his experiences of being a football player arrested for murder
 
oh, wait
 

RetractableRoof

tolerates intolerance
Lifetime Member
SoSH Member
Dec 1, 2003
3,836
Quincy, MA
Jnai said:
Guys, you understand that MLB has a players union that is strong and has bargaining rights? "We can come test you without warning at any time and place" is a little much.
For what it's worth, the Olympic officials aim to be testing to remove drugs from their games (and appears to be doing a decent/better job of it)... and they require athletes to be available 24/7/365 for testing: http://bigstory.ap.org/article/lindsey-vonn-goes-red-carpet-drug-testing.  One quote: "She understands it is part of the job."
 
In my opinion, they should go this route simply because: If you want to earn stupid amounts of money for hitting/chasing/bouncing balls, players, pucks, etc. then this is part of the cost of it.
 
Edit: or what Bob420 said in post #64 or so...
 

soxhop411

news aggravator
SoSH Member
Dec 4, 2009
46,529
A-rod seems to be a MASSIVE idiot
 
 
NYDN Sports I-Team ‏@NYDNSportsITeam34m
Dr. Michael Gross, who A-Rod sought for 2nd opinion on quad injury, was reprimanded by NJ Attorney General in Feb. 2013.
 
NYDN Sports I-Team ‏@NYDNSportsITeam32m
Gross, who started Active Center for Health & Wellness, cited for "failing to adequately ensure proper patient treatment..." (con't)
 
NYDN Sports I-Team ‏@NYDNSportsITeam
" involving the prescribing of hormones including steroids, at Active Health and Wellness Center LLC," according to order.
 
NYDN Sports I-Team ‏@NYDNSportsITeam20m
According to source, "(Gross) has caused MLB to now expand its investigation (of A-Rod) in regard to his relationship with this doctor.
 
what goes throught A-rods head where he thinks its smart to go to a doctor who has been suspected of giving steroids?
 

TomRicardo

rusty cohlebone
Lifetime Member
SoSH Member
Feb 6, 2006
20,687
Row 14
I wonder what Cano is thinking watching all this.  Nothing like actively dicking over your biggest free agent's close friend on the team to help contract negotiations.
 

mauf

Anderson Cooper × Mr. Rogers
Moderator
SoSH Member
Rovin Romine said:
On the bolded bit: isn't the issue simply whether Selig can issue a ban or not?
 
I agree that the union would defend a contract that was arbitrarily voided, but how successful are they likely to be?
 
Moreover, are we sure that a lifetime ban/suspension would void the contract?  Or would it still be in force, but controlled by the CBA? (I haven't looked into it - I will, but if you have a quick answer I'd appreciate it.)
 
From the CBA itself (Article XII, Section A)
 

... in Grievances regarding discipline, the issue to be resolved shall be whether there has been just cause for the penalty imposed.
 
Arbitral precedent is unknown -- and vital -- but this language doesn't sound anything like the deferential standard that NFL and NBA arbitrators apply in reviewing disciplinary decisions. And that seems to be backed up anecdotally -- we know that baseball players frequently get suspensions for mundane offenses reduced on appeal. The use of "just cause" language in Section B suggests that the Commissioner's right to punish players for conduct detrimental to the best interests of baseball would be reviewed under a similar standard.
 
Absent an AH-type situation, I'm skeptical that a suspension of longer than one year would be upheld for anything other than gambling.
 

jon abbey

Shanghai Warrior
Moderator
SoSH Member
Jul 15, 2005
71,212
TomRicardo said:
I wonder what Cano is thinking watching all this.  Nothing like actively dicking over your biggest free agent's close friend on the team to help contract negotiations.
 
No one is "actively dicking over" anyone, A-Rod was the one who reported the quad injury initially, just a few days ago.  From what's come out so far, it doesn't seem like NY has done anything wrong, just more A-Rod being A-Rod. 
 

jon abbey

Shanghai Warrior
Moderator
SoSH Member
Jul 15, 2005
71,212
This one sentence from Chad Jennings seems to sum it up nicely, minus the further developments regarding the background of the doctor mentioned above by the Daily News (and later by Jennings in this same piece):

"Now it seems the Yankees will largely stay off the record while it’s clear they’re frustrated and somewhat baffled by Rodriguez finding a doctor to go on the radio and say his left quad is fine just four days after Rodriguez himself said his quad was too injured to play third base in a Triple-A game."
 
http://yankees.lhblogs.com/2013/07/24/pregame-notes-71
 

ItOnceWasMyLife

Member
SoSH Member
Sep 16, 2008
1,827
Arod's stupidity springs eternal.  No writer has ever graced this planet with the brilliance to match this "story".  Reality is so much stranger than fiction.
 
If I were a pitcher (especially with the skill to throw 95+), I'd plunk him every time he ever got in the box, and I wouldn't care what the consequences were.  I'd hit him, and then just stare back at him and yell, "Come on Roid boy!  What cha gonna do about it!"  And I wouldn't aim for head.  It'd have to be his ass.  "Hey!  How'd that "shot" feel?"  And if I could convince every other pitcher in the league to do the same thing, well, it'd be awesome.
 

Lowrielicious

Member
SoSH Member
Apr 19, 2011
4,328
Joe D Reid said:
If it comes, the lifetime ban isn't going to be for PEDs, exactly. It's going to be for PEDs plus the destroying evidence/obstruction/failure to kowtow idea that some people have mentioned above. That's also the union's potential out. There is enough other weird stuff going on that they could allow a lifetime ban/voiding here but keep maintaining that punishment for nontesting PED use only can't void contracts. So if they want to cut him loose, they have wiggle room.
 
Also, I think we all felt in the 2004 ALCS that Tony Clark was going to bail out the Yankees. Looks like that's finally coming to pass.
Hasn't there been somewhat of a precedence set here with the Melky situation?
 
Melky failed a test, then made up a whole bunch of obvious bullshit to try and get out of it. The bullshit was found out and his punishment was....50 games which is the punishment for a failed test. No extra punishment for the ridiculous attempt at an excuse whatsoever. It would seem that Alexs coverup attempts could well be a lot bigger than Melkys, but it is still a precedence of sort I would think. Zero extra punishment for an obvious coverup attempt.
 
I guess the difference could be Alex tried to obstruct the whole investigation into BioGen therefore not just into himself but all the other players. Much bigger deal, but it's a pretty big leap from no punishment at all for Melky, to a lifetime ban for Alex.
 

Rovin Romine

Johnny Rico
Lifetime Member
SoSH Member
Jul 14, 2005
24,593
Miami (oh, Miami!)
maufman said:
From the CBA itself (Article XII, Section A)
 
 
 
Arbitral precedent is unknown -- and vital -- but this language doesn't sound anything like the deferential standard that NFL and NBA arbitrators apply in reviewing disciplinary decisions. And that seems to be backed up anecdotally -- we know that baseball players frequently get suspensions for mundane offenses reduced on appeal. The use of "just cause" language in Section B suggests that the Commissioner's right to punish players for conduct detrimental to the best interests of baseball would be reviewed under a similar standard.
 
Absent an AH-type situation, I'm skeptical that a suspension of longer than one year would be upheld for anything other than gambling.
 
Right - but the grievance/appeals process for "the good of baseball" sanctions is on page 39 of the CBA.  A.(1)(b).   Basically, the Commissioner has to have a hearing and make written findings.  That's it.  So the Commissioner is the one who determines if the Commissioner has just cause to issue any particular punishment. 
 
There's language that suggests the Player's Association can "reopen" the Agreement if they're unsatisfied with anything the Commissioner does in this section.  (That'd be a can of worms.)   Somehow I just don't see them going on strike over A-Rod.  Perhaps this is why the Association gave the press release they did - about wanting players with "overwhelming evidence" not to fight the process. 
 
Short of that though, the snake is going to eat its own tail, and A-Rod's going to eat process.  The initial ruling of the Commissioner's office will not change.
 
 
(b) Notwithstanding the definition of “Grievance” set forth in
subparagraph (a) above, “Grievance” shall not mean a complaint
which involves action taken with respect to a Player or Players by
the Commissioner involving the preservation of the integrity of,
or the maintenance of public confidence in, the game of baseball.
Within 30 days of the date of the action taken, such complaint
shall be presented to the Commissioner who promptly shall con-
duct a hearing in accordance with the Rules of Procedure
attached hereto as Appendix A. The Commissioner shall render a
written decision as soon as practicable following the conclusion
of such hearing. The Commissioner’s decision shall constitute
full, final and complete disposition of such complaint, and shall
have the same effect as a Grievance decision of the Arbitration
Panel.
 

jon abbey

Shanghai Warrior
Moderator
SoSH Member
Jul 15, 2005
71,212
Cashman just made a statement on this, he must want to slap Hank Steinbrenner every day for saddling him with this bozo the second time:


“I heard via a text message this afternoon from Alex Rodriguez that he had retained a doctor to review his medical situation. In media reports, we have since learned that the doctor in question has acknowledged that he did not examine Mr. Rodriguez and that he was not retained to do a comprehensive medical examination of Mr. Rodriguez. Contrary to the Basic Agreement, Mr. Rodriguez did not notify us at any time that he was seeking a second opinion from any doctor with regard to his quad strain.
“As you know, it is the Yankees’ desire to have Alex return to the lineup as soon as possible. And we have done everything to try and accomplish this.
“As early as Friday, July 12, when I suggested to Alex that we move his rehab from Tampa to Triple-A Scranton (at Buffalo), Alex complained for the first time of “tightness” in his quad and therefore refused to consent to the transfer of his assignment. Again, last Sunday, Alex advised that he had stiffness in his quad and should not play on Sunday or Monday. We sent Alex to NewYork-Presbyterian Hospital for an MRI which evidenced a Grade 1 strain.
“As always, we will follow the rules and regulations set forth in the Basic Agreement, and will again re-evaluate Alex in Tampa tomorrow, as our goal is to return him to the lineup as soon as he is medically capable of doing so.”
 

terrynever

Well-Known Member
Lifetime Member
SoSH Member
Aug 25, 2005
21,717
pawtucket
This is worse than the Boss-Winfield feud of the late 1980s. Good for the back pages of the Post and DN, though. Boss would have liked that.
 
I'm wondering what his supportive teammates like CC and Rivera think now. Seems like A-Rod really doesn't want to rejoin them in their time of need.
 

Murderer's Crow

Dragon Wangler 216
SoSH Member
Jul 15, 2005
23,582
Garden City
I can't understand Arods angle with the pubic outrage and I genuinely don't know if Cashman is full of shit or not but would imagine he has much more to lose for lying about everything publicly. 
 
If I'm following this all correctly and believe Cashman - Arod complained of an injury, held himself out of the lineup three days in a row, went to get an MRI, didn't like the results because "he feels okay," and went nuts. 
 
I absolutely fucking hate that the most prevalent and relentless storyline about this team for a godamn decade is Arod. I will root for him and cheer and never boo if he's back in the lineup but I hope he's gone for good. I'm sick of the soap opera. 
 

JimBoSox9

will you be my friend?
SoSH Member
Nov 1, 2005
16,677
Mid-surburbia
I'd guess long story short A-Rod tried to use a borderline injury to get out of having to schlep around AAA for a couple days because fuck that, the Yankees surprised him by taking him up in his offer and then some, and he got worried they were going to try to block him indefinitely. Expected a call or fold from Cashman but got a raise instead, so to speak.
 

Sampo Gida

Member
SoSH Member
Aug 7, 2010
5,044
crow216 said:
I can't understand Arods angle with the pubic outrage and I genuinely don't know if Cashman is full of shit or not but would imagine he has much more to lose for lying about everything publicly. 
 
If I'm following this all correctly and believe Cashman - Arod complained of an injury, held himself out of the lineup three days in a row, went to get an MRI, didn't like the results because "he feels okay," and went nuts. 
 
I absolutely fucking hate that the most prevalent and relentless storyline about this team for a godamn decade is Arod. I will root for him and cheer and never boo if he's back in the lineup but I hope he's gone for good. I'm sick of the soap opera. 
 
Arod complained of tightness in the quad muscles, not uncommon when you push it too much in any conditioning program.  In the game he apparently ran the bases harder than he had been.  He DH the next day, so it obviously was not too bad, and he was asked to go back NY so the team could do an MRI.  Arod said before the MRI he did not think the injury was much, and expected to play on Tuesday.  He seemed surprised with the diagnosis.  
 
Not a Doc but my understanding is MRI's can sometimes show a Grade 1 strain when it is not a strain, but simply the muscles response to intense exercise.  Also, there are different degrees of Grade 1 strain  (those closer to Grade 0 to those closer to Grade 2) .  Jeters was obviously a more severe strain that would take longer to heal than Arods, and Arod is younger and likely chemically enhanced. .
 
The team can justify holding him back as precautionary. Arod is getting paid although rehabbing in Tampa is probably not as fun as rehabbing with the team and getting 5 star treatment, hotels, travel and dining like Jeter is .
 
Probably stuff going on behind the  scenes we can only guess at related to the insurance and Biogenesis. 
 

Sampo Gida

Member
SoSH Member
Aug 7, 2010
5,044
Montana Fan said:
Happy anniversary A-Rod.
 

 
And I'm hoping that Cano's wondering what it would be like to play LF in Fenway 81 times a year.
 
I wonder where he is on the Yankees treatment of Arod?   If he is worried the same may be in the pipeline for him when his declining years make his deal an albatross, maybe he thinks harder about moving on.
 

gaelgirl

The People's Champion
SoSH Member
Feb 25, 2004
4,759
Sonoma, California
I think this boils down to the article I linked to last time: If A-Rod can get suited up/on the roster for even a single game, he can retire immediately after the game and still collect his entire contract if he claims he medically cannot continue to play baseball. All this nonsense about his quad just makes his own position better, if the Yankees ever allow him back into the clubhouse. 
 
I am not sure A-Rod would win a case that has anything to do with a PED suspension/lifetime ban... but he could win a case that has to do with the Yankees blocking him from returning to the active roster. Teams are not allowed to keep healthy players on the DL (though you know just about every team does, especially with a popular veteran they don't want to release but want younger guys to play, so they need to stash away the vet until the expanded rosters kick in). 
 
Either way, A-Rod's ruined whether he plays again or not. So, at this point, he might as well just fight to keep his millions. Good luck, A-Rod. I hope the Yankees have to pay you, too.
 
As for the union, I am certain they don't really want to help A-Rod. However, they also have to act in the best interests of all their players, including A-Rod. If the Yankees are blocking a healthy player from returning, that's an issue that they have to fight. They can't let teams get away with that, even in this case. They might also feel they have to protect a guaranteed contract. I am guessing they don't want him to get a lifetime ban, either, because the contract's not a fight they want to get into.
 

Bob420

New Member
Jul 14, 2005
918
Wouldn't it be a little fishy to scream and shout that you feel great, have a dr say you are healthy and can play, and then quickly retire after one game?
 

StatGeekNY

Well-Known Member
Lifetime Member
SoSH Member
Jul 14, 2005
234
Cambridge
Why does he have to suit up for one more game instead of just retiring today? What's the difference between being unable to play today and being unable to play after trying one more game?
 

Average Reds

Member
SoSH Member
Sep 24, 2007
35,430
Southwestern CT
Bob420 said:
Wouldn't it be a little fishy to scream and shout that you feel great, have a dr say you are healthy and can play, and then quickly retire after one game?
 
You are obviously correct.
 
If current evidence is any indication, A-Rod might very well be stupid enough to believe that this sort of ploy would work. Those of us living in the reality-based world understand that it could not possibly work.
 

Bob420

New Member
Jul 14, 2005
918
StatGeekNY said:
Why does he have to suit up for one more game instead of just retiring today? What's the difference between being unable to play today and being unable to play after trying one more game?
If you retire, you don't get paid.  If you retire due to injury, I
believe you get paid and if the insurance company believes it, they
cover most of it.  I think that is how it works.  However, I am not sure
why Meche couldn't retire do to injury considering he needed surgery on
his shoulder that was already bothering him.  Why couldn't he say he
retired due to the injury?  Did he need to attempt a comeback and then
retire?
 

Max Power

thai good. you like shirt?
SoSH Member
Jul 20, 2005
8,023
Boston, MA
There's no such thing as retiring due to injury.  You either retire, get removed from the roster, and walk away from the money, or you're deemed physically unable to play, stay on the roster, but never officially retire and collect your money.  Albert Belle was unable to play and did not retire, so the was still on the Orioles roster for years.  I believe they had to keep him on the 40 man in order to collect the insurance money.  A-Rod can't just declare himself unable play.  The Yankees and the insurance companies will send their doctors after him to prove it. 
 

bankshot1

Member
SoSH Member
Feb 12, 2003
24,820
where I was last at
I'm a little surprised that given the personality involved, the team involved, the dollars involved, the Braun suspension, and the over-riding PED issue, that there hasn't been a detailed analytical opinion piece about this and in particular the motivations of both sides.
 
I keep on checking Grantland as this seems write (sic) up their alley.
 
And if there has been such a piece written, anywhere, please provide the link.
 

Bob420

New Member
Jul 14, 2005
918
Max Power said:
There's no such thing as retiring due to injury.  You either retire, get removed from the roster, and walk away from the money, or you're deemed physically unable to play, stay on the roster, but never officially retire and collect your money.  Albert Belle was unable to play and did not retire, so the was still on the Orioles roster for years.  I believe they had to keep him on the 40 man in order to collect the insurance money.  A-Rod can't just declare himself unable play.  The Yankees and the insurance companies will send their doctors after him to prove it. 
 
Didn't that change since Belle?  I remember an article explaining the Belle situation as a series of DL stints or something.  But that isn't necessary anymore.
 

mauf

Anderson Cooper × Mr. Rogers
Moderator
SoSH Member
Rovin Romine said:
Right - but the grievance/appeals process for "the good of baseball" sanctions is on page 39 of the CBA.  A.(1)(b).   Basically, the Commissioner has to have a hearing and make written findings.  That's it.  So the Commissioner is the one who determines if the Commissioner has just cause to issue any particular punishment. 
 
There's language that suggests the Player's Association can "reopen" the Agreement if they're unsatisfied with anything the Commissioner does in this section.  (That'd be a can of worms.)   Somehow I just don't see them going on strike over A-Rod.  Perhaps this is why the Association gave the press release they did - about wanting players with "overwhelming evidence" not to fight the process. 
 
Short of that though, the snake is going to eat its own tail, and A-Rod's going to eat process.  The initial ruling of the Commissioner's office will not change.
 
I would expect the MLBPA to argue that the clause you cited applies only to gambling-related offenses. And I think they've got the better side of that argument -- when the CBA allows a repeat offender to get off with a suspension of just over half a season, it's obvious the parties didn't believe that PED use implicated "the integrity of, or the public confidence in, the game of baseball." Obviously, there's no telling what an arbitrator will do -- if he/she gets the sense that the union is willing to sacrifice A*Rod and that MLB desperately wants him gone, the case could definitely go the other way.
 
I still think a one-year suspension is the most likely outcome. If it's true that A*Rod conspired to destroy evidence, his best bet is not to appeal the charges and work out some kind of deal with prosecutors that allows him either to avoid jail time, or to serve a short sentence during the offseason. Being rendered unable to perform his duties to the MFY on account of being in prison is probably the only thing A*Rod can do that would give the MFY an opening to get out of his contract.
 

Rovin Romine

Johnny Rico
Lifetime Member
SoSH Member
Jul 14, 2005
24,593
Miami (oh, Miami!)
maufman said:
I would expect the MLBPA to argue that the clause you cited applies only to gambling-related offenses. And I think they've got the better side of that argument -- when the CBA allows a repeat offender to get off with a suspension of just over half a season, it's obvious the parties didn't believe that PED use implicated "the integrity of, or the public confidence in, the game of baseball." Obviously, there's no telling what an arbitrator will do -- if he/she gets the sense that the union is willing to sacrifice A*Rod and that MLB desperately wants him gone, the case could definitely go the other way.
 
I still think a one-year suspension is the most likely outcome. If it's true that A*Rod conspired to destroy evidence, his best bet is not to appeal the charges and work out some kind of deal with prosecutors that allows him either to avoid jail time, or to serve a short sentence during the offseason. Being rendered unable to perform his duties to the MFY on account of being in prison is probably the only thing A*Rod can do that would give the MFY an opening to get out of his contract.
 
Bolded 1) Ah. I understand what you're saying now.  On reflection, while you have a good argument, I still think that covering up a doping scheme might apply.  More thoughts on that below.  I assume if Baseball did not consider organized doping as going to the "integrity" or "public perception" of the game, they'd be in the (vast?) minority of world sport.
 
Bolded 2) While the statute of limitations has not yet run for criminal charges, I'd be somewhat surprised if any prosecutor picked this one up.  While they clearly could, state prosecutors tend to think this stuff is best left to the Feds.  And the Feds don't have a good track record recently. 
 
So I primarily bring up the whole "destruction of evidence" idea in light of the baseball sanction only.  Personal PED use discovered through a random test might warrant a 50 day suspension, but that scheme also acknowledges that athletes might inadvertently take a supplement.   However, A-Rod, via the Biogenesis records, seems to have taken over 15 discrete PEDs, on a fairly disciplined regimen, for an extended period of time.  That alone might qualify as a lifetime ban (should we be going under the non-analytic route.)
 
Covering up PED use by buying off witnesses, purchasing or destroying evidence, etc., is another matter altogether.  This is different than making up lame excuses or defending yourself in arb, because it alters the material that MLB needs to access to enforce their CBA.  It's cheating the system as opposed to fighting within it. 
 
A third, even more troubling, matter, is covering up PED use for athletes other than one's self.  It could happen independently (one actor like A-Rod, taking it upon themselves to interfere with the investigation), or via a conspiracy (two or more players agreeing to interfere.)
 
Either way, a cover up puts an athlete into a position of control over other players.  It might initially sound a bit far fetched - but if A-Rod controlled documents which implicated other players in PED use, documents he purchased knowing they reflected illegal activity, how do those players react vis-a-vis A-Rod and the Yankees?  Do they play as hard?  Do they groove A-Rod a pitch now and then?  These are legitimate questions.  (All this assumes no overt communication on the issues - just the players knowing that A-Rod has the notebooks which show they're PED users and could face a suspension.)   I'm not sure how this scenario materially differs from gambling - altering the competitive balance of the sport for personal gain.
 
The "worst" scenario in this context would be an overt attempt to blackmail players (either for cash or for services during games.)  I think we can agree that is no different than gambling - and that it's deserving of a lifetime ban.
 
Anyway, these thoughts aren't deeply held convictions - I just suspect that the Commissioner's office is on fairly solid ground if they're going to go after A-Rod for a significant suspension or a lifetime ban.   A-Rod appears to be fairly far down on the chain of egregiousness.
 

wade boggs chicken dinner

Member
SoSH Member
Mar 26, 2005
30,811
gaelgirl said:
I think this boils down to the article I linked to last time: If A-Rod can get suited up/on the roster for even a single game, he can retire immediately after the game and still collect his entire contract if he claims he medically cannot continue to play baseball. All this nonsense about his quad just makes his own position better, if the Yankees ever allow him back into the clubhouse. 
 
I am not sure A-Rod would win a case that has anything to do with a PED suspension/lifetime ban... but he could win a case that has to do with the Yankees blocking him from returning to the active roster. Teams are not allowed to keep healthy players on the DL (though you know just about every team does, especially with a popular veteran they don't want to release but want younger guys to play, so they need to stash away the vet until the expanded rosters kick in). 
 
Either way, A-Rod's ruined whether he plays again or not. So, at this point, he might as well just fight to keep his millions. Good luck, A-Rod. I hope the Yankees have to pay you, too.
 
As for the union, I am certain they don't really want to help A-Rod. However, they also have to act in the best interests of all their players, including A-Rod. If the Yankees are blocking a healthy player from returning, that's an issue that they have to fight. They can't let teams get away with that, even in this case. They might also feel they have to protect a guaranteed contract. I am guessing they don't want him to get a lifetime ban, either, because the contract's not a fight they want to get into.
 
There's a lot of misinformation going on in this thread, and I just wanted to point out that I doubt the bolded is true.  For example, see CBA provisions mentioned in this article:  http://hardballtalk.nbcsports.com/2013/06/27/post-daily-news-report-on-an-a-rod-plot-to-retire-to-avoid-biogenesis-discipline/.  Whether ARod is active, retired, or on the disabled list, and if he is suspended, he won't be getting his salary while he is suspended.
 
One other thing to mention - ARod's contract is not going to get voided.  He may lose a bit of money (if he is suspended the entire year) or all of the money (if he is suspended for life) but that doesn't mean his contract is going to get "voided."
 
My guess is that A-Rod agrees to a two-year ban.  What's $50M or so between friends?  He certainly doesn't need it.
 

Sampo Gida

Member
SoSH Member
Aug 7, 2010
5,044
Rovin Romine said:
Covering up PED use by buying off witnesses, purchasing or destroying evidence, etc., is another matter altogether.  This is different than making up lame excuses or defending yourself in arb, because it alters the material that MLB needs to access to enforce their CBA.  It's cheating the system as opposed to fighting within it. 

 
A third, even more troubling, matter, is covering up PED use for athletes other than one's self.  It could happen independently (one actor like A-Rod, taking it upon themselves to interfere with the investigation), or via a conspiracy (two or more players agreeing to interfere.)
 
Either way, a cover up puts an athlete into a position of control over other players.  It might initially sound a bit far fetched - but if A-Rod controlled documents which implicated other players in PED use, documents he purchased knowing they reflected illegal activity, how do those players react vis-a-vis A-Rod and the Yankees?  Do they play as hard?  Do they groove A-Rod a pitch now and then?  These are legitimate questions.  (All this assumes no overt communication on the issues - just the players knowing that A-Rod has the notebooks which show they're PED users and could face a suspension.)   I'm not sure how this scenario materially differs from gambling - altering the competitive balance of the sport for personal gain.
Anyone notice this
 

On March 24, he [Fischer] said, while transporting the documents <to MLB>, his car was broken into and four of the seven boxes he had were stolen.
 
http://espn.go.com/espn/otl/story/_/id/9508288/biogenesis-whistleblower-broke-open-scandal-says-ncaa-mma-nba-other-athletes-used-clinic-mlb-investigation
 
Is this a player, organization or even even someone at MLB itself behind the theft.  I remember hearing there were many more MLB names than the 20 we had been given in this batch of purchased  records but that seems to have gone away.
 

soxhop411

news aggravator
SoSH Member
Dec 4, 2009
46,529
RT @PeteAbe ARod on WFAN saying he wants to play tomorrow & Yanks wont let him. Says he has a lawyer "documenting everything."
 
 
Pete Abraham ‏@PeteAbe
8m
Do you trust the Yankees? A-Rod: "I'd rather not get into that." Wow.
 
This is not going to end well
 

mauf

Anderson Cooper × Mr. Rogers
Moderator
SoSH Member
Nah, the injury thing is a sideshow. It suggests to me that Selig plans to act in the next few weeks, and the MFY would prefer at that point that A*Rod be someone who isn't part of this year's club. The only way anything comes of it is if the stats A*Rod would've earned in 10-20 games over the next few weeks would put him over the top for some kind of contract incentive.
 

Harry Hooper

Well-Known Member
Lifetime Member
SoSH Member
Jan 4, 2002
34,614
Yankees to Discipline A-Rod for Seeking 2nd Opinion Without Permission

 
during a conference call Thursday, the Yankees and Rodriguez agreed
to a timetable that would have the third baseman resume minor league
rehabilitation games or simulated games around Aug. 1.
Rodriguez, who has been sidelined since hip surgery in January,
issued a statement earlier in the day saying he wanted to be activated
for Friday’s homestand opener against Tampa Bay.

The person said Rodriguez was examined Thursday by Dr. Daniel Murphy,
the team’s orthopedic surgeon in Tampa, Fla., who confirmed the
diagnosis made last weekend by team physician Dr. Christopher Ahmad in
New York. The person said Murphy determined Rodriguez had made great
improvement in the last few days and could be on an accelerated rehab
schedule.
...
Yankees President Randy Levine and general manager Brian Cashman were on
the conference call along with Tim Lentych, the head athletic trainer
at the player development complex. Rodriguez also was on the call and
was represented by Jordan Siev, co-head of the U.S. commercial
litigation group at Reed Smith
, a law firm used by A-Rod pal Jay-Z.
 

Sampo Gida

Member
SoSH Member
Aug 7, 2010
5,044
soxhop411 said:
RT @PeteAbe ARod on WFAN saying he wants to play tomorrow & Yanks wont let him. Says he has a lawyer "documenting everything."
 
 
Pete Abraham ‏@PeteAbe
8m
Do you trust the Yankees? A-Rod: "I'd rather not get into that." Wow.
 
This is not going to end well
 
 
I am trying to understand the Yankees motive, they need offense desperately NOW.
 
Only thing I can come up with is perhaps MLB has an offer on the table that would backdate his suspension, perhaps to the ASB, and carry through to next year (all or part of it), and Arods playing now would take that off the table and be replaced by something else they deem not as attractive.   Arod of course would be aware of what was on the table, does not want it,  but can't talk about it for obvious reasons.