• Report: If A-Rod Appeals, Bud Will Ban Him For Life

    Posted by on July 29th, 2013 · Comments (15)

    Via the Daily News -

    If Alex Rodriguez is intent on fighting his looming suspension in an effort to stay on the field and protect his contract, commissioner Bud Selig is prepared to throw the book at the steroid-stained Yankee by invoking one of his office’s most extreme privileges — the right to take action against a player to preserve the integrity of the game, the Daily News has learned.

    By invoking that rarely used power – embodied in Article XI, Section A1b of the game’s collective bargaining agreement – Selig would attempt to effectively keep Rodriguez from ever returning to the field by bypassing the grievance procedure outlined in the joint drug program MLB operates in conjunction with the Players Association.

    Rodriguez would be suspended immediately for interfering with MLB’s year-long investigation into Biogenesis, the South Florida anti-aging clinic that allegedly supplied performance-enhancing drugs to the aging infielder and other players and would later be hit with an additional suspension for violating baseball’s drug program.

    MLB investigators believe Rodriguez attempted to intimidate witnesses and purchase incriminating documents to keep them out of the hands of baseball officials.

    In an unprecedented action by a commissioner, suspensions for Rodriguez – once the sports’ biggest star – and 14 players, are expected to be announced imminently.

    According to the CBA, the commissioner hears appeals of any discipline handed down under Article XI, Section A1b. Punishing Rodriguez under that clause could lead to an unprecedented legal showdown between MLB, Rodriguez and the players’ union.

    But whether such hostilities break out depends upon how damning the evidence is that MLB gathered during its long investigation of Rodriguez. MLB investigators believe they have a mountain of evidence that shows Rodriguez attempted to interfere in their investigation, as well as hundreds of emails, text messages and phone records that show Rodriguez engaged in performance-enhancing drug use in 2010, 2011 and 2012, and possibly longer.

    Selig is believed to be so determined to keep Rodriguez from ever stepping on a Major League Baseball field again that he is risking a reopening of the collective bargaining agreement or even a federal court case with his decision to bypass the usual grievance procedures and exercise his power to take action on an issue “involving the preservation of the integrity of, or the maintenance of public confidence in, the game of baseball.”

    By basing his treatment of Rodriguez on that clause, Selig is effectively bypassing the arbitration-based procedures in place for doping cases, which are laid out in the Joint Drug Agreement, baseball’s collectively bargained anti-doping policy and putting appeals process in his own hands.

    If the Players Association decides to open the CBA, it would still find it difficult to defend Rodriguez because many of its players have abandoned support for the Yankees’ disgraced third baseman.

    Let’s get ready to rumble!

    Comments on Report: If A-Rod Appeals, Bud Will Ban Him For Life

    1. LMJ229
      July 29th, 2013 | 10:43 pm

      I say appeal, appeal, appeal … please, please, please ….

      BTW does anyone know what a suspension of say, the rest of this year and next, would do to the Yankees cap?

    2. Kamieniecki
      July 29th, 2013 | 10:53 pm

      @ LMJ229:
      Not included in the cap.

    3. LMJ229
      July 29th, 2013 | 11:01 pm

      @ Kamieniecki:
      Great, thanks.

    4. LMJ229
      July 29th, 2013 | 11:09 pm

      The Yankees must be lighting candles, killing chickens, rubbing rabbits feet, plucking four leaf clovers, and praying that A-Rod gets suspended at least for next year. With his salary off the books the Yankees should have no problem getting under the cap for 2014.

    5. 77yankees
      July 29th, 2013 | 11:32 pm

      LMJ229 wrote:

      The Yankees must be lighting candles, killing chickens, rubbing rabbits feet, plucking four leaf clovers, and praying that A-Rod gets suspended at least for next year. With his salary off the books the Yankees should have no problem getting under the cap for 2014.

      Watch how fast the Yanks wash the A-Rod remnants (photos, banners, etc.) off the Stadium if and when that happens.

    6. July 29th, 2013 | 11:50 pm

      77yankees wrote:

      Watch how fast the Yanks wash the A-Rod remnants (photos, banners, etc.) off the Stadium if and when that happens.

      I thought that someone posted, somewhere today, twitter, a comment elsewhere, that they were at the Stadium yesterday and could not find one A-Rod shirt for sale, anywhere, and that they went into the Steiner store and all A-Rod balls were pulled off the display cases.

      I know I didn’t dream it. But, I cannot remember now where I saw it.

    7. Evan3457
      July 30th, 2013 | 12:05 am

      I don’t think adding extra penalties if A-Rod chooses to appeal is a great idea for Selig. If he denies A-Rod the right to appeal and confront the witnesses against him, his only recourse will be to sue in federal court.

      It may not be much of a chance, but the commissioner will be risking court restrictions on his powers.

    8. July 30th, 2013 | 12:07 am

      Evan3457 wrote:

      but the commissioner will be risking court restrictions on his powers.

      Which makes me think they have a ton of stuff on A-Rod, maybe more than guessed at now.

    9. Raf
      July 30th, 2013 | 12:25 am

      Needless to say, I’m rooting for an opening of the CBA. I want to see how far Rodriguez and Selig want to take this.

    10. MJ Recanati
      July 30th, 2013 | 8:52 am

      Evan3457 wrote:

      It may not be much of a chance, but the commissioner will be risking court restrictions on his powers.

      A-Rod won’t win that case. SCOTUS has clearly decided the commissioner’s “broad powers” on more than one occasion and, though SCOTUS has shown itself to be an activist court, they won’t overturn previous precedents in favor of the commissioner when the matter at hand is tangentially related to PED use.

      A-Rod’s best legal point of attack would be if the MLBPA is outraged enough at the lack of due process in issuing a lifetime ban that they re-open the CBA (second and third paragraphs of Article XI(A)(1)(b)).

      Given MLBPA leadership’s recent statements about PED users, however, I think a lifetime ban will stick since the question before a court wouldn’t be “is Tony Bosch’s evidence credible” but “does the Commissioner of Major League Baseball have a right to suspend Rodriguez on the basis of the evidence?”

    11. MJ Recanati
      July 30th, 2013 | 8:53 am

      Raf wrote:

      Needless to say, I’m rooting for an opening of the CBA. I want to see how far Rodriguez and Selig want to take this.

      I’m rooting for it too. I hate Selig and anything that humiliates him in any way is something I’m in favor of. He’s the David Ortiz of league executives: shady as hell but no one ever calls him on it.

    12. July 30th, 2013 | 9:02 am

      MJ Recanati wrote:

      A-Rod’s best legal point of attack would be if the MLBPA is outraged enough at the lack of due process in issuing a lifetime ban that they re-open the CBA (second and third paragraphs of Article XI(A)(1)(b)).

      This isn’t Marvin Miller’s MLBPA anymore. Heck, it’s not even Donald Fehr’s MLBPA anymore. And, Gene Orza is gone too. It’s a whole new MLBPA. I wouldn’t be shocked if they rolled on this and served up A-Rod. Plus, it doesn’t help A-Rod that the rest of the players hate him. If this was someone like Mariano, the players might walk off the field in protest. But, for A-Rod, who has been an elitist snob for so long, and a phony, he’s got no love from his peers.

    13. MJ Recanati
      July 30th, 2013 | 9:49 am

      Steve L. wrote:

      I wouldn’t be shocked if they rolled on this and served up A-Rod.

      It’s possible, though it sets a bad precedent for the union when a commissioner circumvents due process and the standard grievance procedure that was collectively bargained. Selig may force the union into a move to protect all players from such future action, even if they find the move repugnant in that it would be in support of someone they don’t otherwise wish to support.

      Steve L. wrote:

      Plus, it doesn’t help A-Rod that the rest of the players hate him.

      That doesn’t have much to do with it.

    14. Raf
      July 30th, 2013 | 7:55 pm

      Steve L. wrote:

      I wouldn’t be shocked if they rolled on this and served up A-Rod.

      I would. Regardless of how they may feel about Rodriguez, he pays his union dues just like everyone else.

    15. Kamieniecki
      July 30th, 2013 | 8:28 pm

      @ LMJ229:
      For every 50 games that Rodriguez would be suspended, the Yankees would save about $7.5 million.

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