AROD May Be Banned from Baseball?!?!

[HOF Auto Rookies]

According to the JDA (Joint Drug Agreement),

‘A Player may be subjected to disciplinary action for just cause by the Commissioner for any Player violation of Section 2 above not referenced in Section 7.A through 7.F above.’

So, the issue with this is what and how do they define ‘just cause.’ Is it the reports, biogenesis etc. Do they trust the word of Bosch?
The JDA provides two means only for suspensions: positive drug tests and reasonable cause. The tests can be scheduled, random, or based on ‘reasonable cause.’

Section 3 paragraph C,

‘In the event that either Party has information that gives it reasonable cause to believe that a Player has, in the previous 12-month period, engaged in the use, possession, sale or distribution of a Performance Enhancing Substance (including hGH) or Stimulant, the Party shall provide the other Party, either orally or in writing, with a description of its information (“Reasonable Cause Notification”), and the Player will be subject to an immediate urine and/or blood specimen collection, or a program of testing, as determined by the IPA, to commence no later than 48 hours after the Reasonable Cause Notification was provided.’

To date, baseball has only suspended players for positive tests (until Braun). Now, they CAN, under the JDA, suspend players for participating in the sale or distribution of a prohibited substance (Sec. 7, paragraph E-F). The issue with this is that they are statements form Bosch, whether or not they believe is sufficiently substantiated, I don’t know. If any suspensions were to happen, the player’s union would argue that you can’t go jump from a 50-game suspension to 100-games.

MLB could have tested these players on a ‘reasonable cause’ basis up to 48 hours after they got the report in January.

If the Yankees try to void A-Rod’s contract, you look into the Uniform Player Contract.

Termination, By the Club, 7.(b) ‘The Club may terminate this contract upon written notice to the Player (but only after requesting and obtaining waivers of this contract from all other Major League Clubs) if the Player at any time shall: (1) fail, refuse or neglect to conform his personal conduct to the standards of good citizenship and good sportsmanship or to keep himself in first-class physical condition or to obey the Club’s training rules; or (2) fail, in the opinion of the Club’s management, to exhibit sufficient skill or competitive ability to qualify or continue as a member of the Club’s team.’

Any attempt to void a contract will most likely result in a grievance filed and potential lawsuits. If a player is suspended, they can file civil lawsuits with Bosch and Biogenesis for defamation. The Players could say that they have been falsely portrayed in engaging in unlawful behavior which harmed their reputation. Breach of confidentiality agreements is another. If they had agreement with Bosch and Biogenesis to keep information confidential even upon the threat of a lawsuit. Plus, A-Rod’s contract is fully guaranteed, it simply cannot be voided unless it has some type of moral clause or other clauses with specific references to steroids or PED’s.

The league is run by a CBA, and in the CBA there is not instruction stating a players’ contract can be voided per JDA. An exception is the ‘best interests of the game’ clause.

CBA: Article XII – Discipline – B (Conduct Detrimental or Prejudicial to Baseball):

‘Players may be disciplined for just cause for conduct that is materially detrimental or materially prejudicial to the best interests of Baseball including, but not limited to, engaging in conduct in violation of federal, state or local law. The Commissioner and a Club shall not discipline a Player for the same act or conduct under this provision. In cases of this type, a Club may discipline a Player, or take other adverse action against him, when the Commissioner defers the disciplinary decision to the Club.’

Now, teams do not have to pay a player if the player is unable to play due to being injured or disabled as a result of their drug abuse, but in A-Rod’s case, his hip surgeries were warranted. Teams are also able to withhold salary if a player is unable to play due to legal proceedings or jail time cause by violation of the drug policy. The Yankees can try to get a doctor stating that his hip was caused by steroid use or other use of PED’s on the banned list.

MLB will try to get 100-game bans for the players based on one, the doping itself, and two, lying about it. Remember, this is how well you can trust Bosch, who is trying to save his own face. MLB has more to lose than to gain with this, because all of these suspensions wouldn’t be from failed drugs tests, but the credibility of Bosch.




WHEW. Now, I can write pages and pages and more on this topic, it's so complicated, yet unknown. This is my take on it from having read the CBA and JDA. As far as my earlier statement in regards to suspensions, based off of looking into this more, I can see them in being justified, just not the 100-games or lifetime ban.

Cheers,

Brent

[BigJJ]

The Head of the Players Union and the Commissioner put in place a system that did not enforce the rules.

In order to compete with the guys who were taking prohibited substances, others started to take such substances.

Most players have 5-15 years to make the vast amount of money their family will need to live on for years. It was unfair to the players, to put them in a position where many felt they needed to endanger themselves, to earn money for their families.

Every time they hand out a sentence for the pre-2005 prohibited substance crew, I think - What about the guys who put the inadequate enforcement policy in place? They ought to be punished. Think of the tens of thousands of kids trying to make it pre-2005, who felt they had to endanger themselves to compete for their families.

I am not talking about the current players who are under a new and improved system. I consider them at fault in whole.

But Arod had to compete at that time against all of baseball's substance users.

And we all knew, didn't we? How could the Yankees not have known? How could MLB not have known?

The Union was not protecting its players by having them compete as to who could take more substances and get away with it. They did a miserable job of protecting the health of their players. Worst union handling I have ever seen.

And horrible job by the Commissioner's office in this regard.

If Arod pays a price, shouldn't they?

The Commisioner and Former Head of the Union have not paid a price have they?

But we have already lost many young players to cancer and shortened lives as a result. Even Arod may have irreparably injured his body. And he was an effective competitor - before everyone around him started getting very large.

Where is the true justice?