Person familiar with case: MLB may hit A-Rod with penalty under labor deal, not drug rules

  • Article by: RONALD BLUM , AP Sports Writer
  • Updated: July 30, 2013 - 2:30 AM

NEW YORK — Alex Rodriguez may have to start serving a suspension as soon as it is announced rather than wait for a grievance to play out.

Major League Baseball may try to suspend A-Rod under its collective bargaining agreement instead of its drug rules, which would eliminate any chance of delaying a penalty until after the case goes to an arbitrator, The Associated Press has learned.

Rodriguez has never been disciplined for a drug offense, and a first offender under baseball's Joint Drug Agreement is entitled to an automatic stay if the players' association files a grievance — meaning the penalty is put on hold until after an arbitrator rules.

While use of banned performance-enhancing substances falls under the drug agreement, MLB may argue other alleged violations are punishable under the labor contract, a person familiar with management's deliberations told the AP, speaking on condition of anonymity because no statements were authorized.

Taking that action would prevent the New York Yankees third baseman from returning to the field, even if he recovers from a quadriceps injury cited by the team as the reason for keeping him on the disabled list.

And merely threatening to use that provision might give MLB leverage to force a deal.

The Yankees expect Rodriguez to be accused of recruiting other athletes for the clinic, of attempting to obstruct MLB's investigation, and of not being truthful with MLB in the past when he discussed his relationship with Dr. Anthony Galea, who pleaded guilty two years ago to a federal charge of bringing unapproved drugs into the United States from Canada.

Four years ago, Rodriguez admitted using PEDs while with Texas from 2001-03. He has repeatedly denied using them since.

Baseball has been investigating Rodriguez and other players since a January report in the Miami New Times alleging they received PEDs from Biogenesis of America, a closed anti-aging clinic on Florida.

"We're still involved in the process of preparing for an eventual appeal in this matter," Rodriguez's lawyer, David Cornwell, said Monday on ESPN New York Radio. "My understanding is that the next step that is going to be taken is that the players' association and baseball will meet to discuss the investigation and baseball's focus on particular players. So we'll see how that process plays out. But at this point my understanding or my expectation is that we're going to be working through the process towards an appeal."

Cornwell did not return an email seeking comment.

Aside from the drug agreement, there is no automatic stay for suspensions under baseball's labor contract. Rodriguez could be punished under Article XII (B) of the Basic Agreement, which states: "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."

If suspended under that section, Rodriguez would serve the penalty while a grievance is litigated before arbitrator Fredric Horowitz — unless the union asks for a stay and the arbitrator grants one, which would be unusual under the grievance procedure. And baseball could always try to punish A-Rod on drug violations later.

It would be difficult for Commissioner Bud Selig to remove the arbitrator from the process. A provision in Article XI gives the commissioner permission to rule instead of the arbitrator on a complaint "involving the preservation of the integrity of, or the maintenance of public confidence in, the game of baseball."

But a letter from Selig that is Attachment 1 states: "I understand that the players' association has expressed concern that the commissioner might take some action pursuant to Article XI (A) (1) (b) of the Basic Agreement which could negate rights of players under the new Basic Agreement. While I have difficulty seeing that this is a real problem, I am quite willing to assure the association that the commissioner will take no such action."

In addition, if Selig attempted to bypass the arbitrator, the union would have the right to reopen the labor contract with respect to that provision.

Cornwell would not respond to a report in the New York Daily News on Monday that said Selig would not pursue a lifetime ban if Rodriguez accepted a suspension through 2014.

"There's been all sorts of reports, all sorts of sources and all sorts of breaking news and breathless coverage, and I don't feel any need to respond to any of it," Cornwell told ESPN.

In announcing Ryan Braun's 65-game suspension last week, MLB cited violations of both the labor contract and drug agreement.

A person familiar with that deal, speaking on condition of anonymity because no statements were authorized, said 50 games of the penalty for the 2011 NL MVP were connected to Biogenesis. The additional 15 games stemmed from the Milwaukee outfielder's actions during the grievance that overturned his October 2011 positive test for testosterone.

Cornwell represented Braun in the 2012 hearing before arbitrator Shyam Das, but said he was not involved in Braun's agreement to be suspended.

Rodriguez, who turned 38 Saturday, has not played this season following hip surgery in January. The three-time AL MVP, fifth on the career list with 647 home runs, appeared to be on the verge of rejoining New York on July 22, but the Yankees said a day earlier that an MRI revealed a strained quadriceps.

Rodriguez pushed to be activated last Friday, but the Yankees said he wouldn't even resume a minor league injury rehabilitation assignment until Aug. 1. Rodriguez then went on a New York radio station to criticize the team's decision.

The Miami New Times story was prompted by information provided by Porter Fischer, an ex-Biogenesis employee.

"What's been made public are various documents that a disgruntled ex-employee of Biogenesis allegedly stole. I would imagine we'll spend time talking with the arbitrators about the documents and things of that nature, their authenticity, their relevancy, the reliability," Cornwell told ESPN.

Gary Smith, a spokesman for Fischer, responded in an email: "Cornwell can get in line with many others who want to attack Porter Fischer for exposing the truth and is left without support. He did it because it was the right thing to do."

Also Monday, Toronto manager John Gibbons said he thinks Blue Jays outfielder Melky Cabrera won't be penalized. Cabrera, MVP of the 2012 All-Star game, was banned for 50 games last year for a positive testosterone test while with San Francisco.

"We don't think anything's going to happen," Gibbons said. "We think, because he served his time, it's over with. I haven't given it much thought and the GM hasn't talked much about it."

  • get related content delivered to your inbox

  • manage my email subscriptions

ADVERTISEMENT

Buffalo 17 FINAL
New England 9
Cleveland 10 FINAL
Baltimore 20
Dallas 44 FINAL
Washington 17
Indianapolis 27 FINAL
Tennessee 10
Jacksonville 17 FINAL
Houston 23
San Diego 7 FINAL
Kansas City 19
NY Jets 37 FINAL
Miami 24
Chicago 9 FINAL
Minnesota 13
Philadelphia 34 FINAL
NY Giants 26
New Orleans 23 FINAL
Tampa Bay 20
Carolina 34 FINAL
Atlanta 3
Detroit 20 FINAL
Green Bay 30
Oakland 14 FINAL
Denver 47
Arizona 17 FINAL
San Francisco 20
St. Louis 6 FINAL
Seattle 20
Cincinnati 17 FINAL
Pittsburgh 27
Arizona 1/3/15 3:35 PM
Carolina
Baltimore 1/3/15 7:15 PM
Pittsburgh
Detroit 103 FINAL
Cleveland 80
Houston 106 FINAL
San Antonio 110
Oklahoma City 107 FINAL
Dallas 112
New York 79 FINAL
Portland 101
Toronto 116 FINAL
Denver 102
Phoenix 116 FINAL
LA Lakers 107
Toronto 4 FINAL
Florida 6
Vancouver 1 FINAL(OT)
Anaheim 2
Tulane 57 FINAL
St Johns 82
Central Conn St 48 FINAL
Connecticut 81
Iona 81 FINAL
Drexel 62
Concordia (MI) 42 FINAL
Eastern Mich 100
Harvard 46 FINAL
Arizona State 56
Longwood 64 FINAL
Ball State 69
Sacred Heart 76 FINAL
Brown 79
Colgate 64 FINAL
Columbia 69
MD-Eastern Shore 78 FINAL
Duquesne 69
UNC Greensboro 50 FINAL
East Carolina 71
Marist 64 FINAL
Elon 69
NJIT 71 FINAL
Lafayette 76
Cincinnati Christian 58 FINAL
Liberty 78
Morgan State 53 FINAL
Marquette 81
Campbell 56 FINAL
Samford 65
Bucknell 71 FINAL
Siena 73
Long Beach State 67 FINAL
Syracuse 85
Coppin State 80 FINAL
Evansville 85
UMKC 73 FINAL
Indiana State 70
Hofstra 88 FINAL
Long Island 62
Coast Guard 48 FINAL
Army 93
Thomas (GA) 48 FINAL
High Point 85
Texas Southern 58 FINAL
Kansas State 56
Rutgers 59 FINAL
Monmouth 58
NC Wesleyan 54 FINAL
NC A&T 58
South Dakota St 63 FINAL
Northern Iowa 74
Central Penn College 69 FINAL
Radford 119
Bowling Green 79 FINAL
South Florida 70
Harris-Stowe 66 FINAL
SE Missouri St 94
Robert Morris-IL 56 FINAL
SIU Edwardsville 104
Northland College 59 FINAL
North Dakota St 83
Milwaukee 60 FINAL
South Dakota 84
Northwestern St 92 FINAL
Arkansas 100
Saint Peters 59 FINAL
Cornell 52
St Katherine 62 FINAL
Fresno State 93
Haskell 42 FINAL
Oral Roberts 94
Wake Forest 65 FINAL
Richmond 63
Fla Gulf Coast 57 FINAL
Xavier 71
SD Christian 45 FINAL
Northern Ariz 71
Judson 46 FINAL
IUPU-Ft Wayne 80
Ill-Chicago 60 FINAL
Bradley 68
Loyola-Maryland 61 FINAL
Fairfield 59
Miss Valley St 53 FINAL
Houston 80
Lehigh 58 FINAL
UMBC 55
Delaware State 56 FINAL
Temple 66
Belmont 56 FINAL
Butler 67
Howard 59 FINAL
Fordham 74
NW Christian 67 FINAL
Nevada 81
UC Davis 83 FINAL
Washington St 90
Abilene Christian 81 FINAL
Grand Canyon 83
UCLA 50 FINAL
Alabama 56
Stony Brook 62 FINAL
Washington 57
Buffalo 56 FINAL
Wisconsin 68
CS-Bakersfield 55 FINAL
California 52
Cincinnati 17 FINAL
Virginia Tech 33
(15) Arizona State 36 FINAL
Duke 31
Miami-Florida 21 FINAL
So Carolina 24
Boston College 30 FINAL
Penn State 31
(25) Nebraska 42 FINAL
(24) USC 45
Texas A&M 12/29/14 1:00 PM
West Virginia
Oklahoma 12/29/14 4:30 PM
(18) Clemson
Arkansas 12/29/14 8:00 PM
Texas
Notre Dame 12/30/14 2:00 PM
(22) LSU
(13) Georgia 12/30/14 5:45 PM
(20) Louisville
Maryland 12/30/14 9:00 PM
Stanford
(9) Ole Miss 12/31/14 11:30 AM
(6) TCU
(21) Boise State 12/31/14 3:00 PM
(12) Arizona
(8) Miss State 12/31/14 7:00 PM
(10) Georgia Tech
(19) Auburn 1/1/15 11:00 AM
(17) Wisconsin
(7) Michigan State 1/1/15 11:30 AM
(4) Baylor
(16) Missouri 1/1/15 12:00 PM
Minnesota
(2) Florida State 1/1/15 4:00 PM
(3) Oregon
(5) Ohio State 1/1/15 7:30 PM
(1) Alabama
Houston 1/2/15 11:00 AM
Pittsburgh
Iowa 1/2/15 2:20 PM
Tennessee
(11) Kansas State 1/2/15 5:45 PM
(14) UCLA
Washington 1/2/15 9:15 PM
Oklahoma State
East Carolina 1/3/15 11:00 AM
Florida
Toledo 1/4/15 8:00 PM
Arkansas State
Drexel 71 FINAL
Miami-Ohio 54
Holy Cross 63 FINAL
Norfolk State 62
East Carolina 62 FINAL
South Florida 69
(10) Oregon State 63 FINAL
(8) Tennessee 74
Providence 51 FINAL
Boston College 79
Florida A&M 47 FINAL
Miami-Florida 83
Oakland 69 FINAL
Central Michigan 74
Chattanooga 59 FINAL
SIU-Edwardsville 49
Fairfield 59 FINAL
La Salle 73
St Francis-PA 59 FINAL
Pittsburgh 97
Milwaukee 72 FINAL
IUPU-Ft Wayne 78
Gardner-Webb 59 FINAL
Longwood 63
New Hampshire 58 FINAL
Manhattan 54
Bucknell 68 FINAL
Binghamton 57
Northeastern 70 FINAL
Albany 67
George Mason 70 FINAL
Towson 72
Richmond 59 FINAL
William & Mary 56
Tulane 60 FINAL
Cincinnati 50
North Florida 51 FINAL
Florida 63
(14) Georgia 51 FINAL
Seton Hall 70
Tennessee St 75 FINAL
(12) Kentucky 87
American Univ 64 FINAL
Wake Forest 77
Massachusetts 78 FINAL
Boston U 57
Quinnipiac 69 FINAL
Saint Josephs 67
Lafayette 49 FINAL
Saint Peters 34
Northwestern 61 FINAL
(20) Michigan State 57
Duquesne 82 FINAL
Lehigh 75
George Washington 72 FINAL
Loyola-Maryland 49
(17) Rutgers 66 FINAL
Indiana 51
(24) Green Bay 66 FINAL
Dayton 72
Western Mich 55 FINAL
Stony Brook 59
Davidson 67 FINAL
Virginia 57
UNC Greensboro 61 FINAL
LSU 82
Denver 63 FINAL
North Texas 55
VA Commonwealth 63 FINAL
Coppin State 52
Huston-Tillotson 36 FINAL
Houston Baptist 86
Lamar 63 FINAL
Rice 97
Miss Valley St 40 FINAL
Alabama 71
Saint Louis 63 FINAL
Eastern Illinois 49
Middle Tennessee 98 FINAL
Tenn Tech 76
Penn State 52 FINAL
(23) Iowa 77
Purdue 62 FINAL
Illinois 55
DePaul 99 FINAL
Illinois State 62
Sam Houston St 46 FINAL
Wichita State 70
South Dakota 76 FINAL
TX-San Antonio 69
(4) Notre Dame 82 FINAL
UCLA 67
Coll of Charleston 51 FINAL
SC State 60
Alcorn State 53 FINAL
Texas-El Paso 63
Dartmouth 76 FINAL
Niagara 70
Colgate 68 FINAL
Siena 80
Michigan 53 FINAL
Wisconsin 63
Fla Gulf Coast 73 FINAL
CS-Northridge 64
Yale 51 FINAL
(25) Arizona State 69
UC Santa Barbara 34 FINAL
(16) Stanford 90
Long Island 63 FINAL
Long Beach St 71
Jackson State 56 FINAL
Louisiana 65
Eureka 50 FINAL
Western Ill 91
Cornell 59 FINAL
(22) Syracuse 76
Temple 58 FINAL
Memphis 57
Connect with twitterConnect with facebookConnect with Google+Connect with PinterestConnect with PinterestConnect with RssfeedConnect with email newsletters

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

question of the day

Poll: Do you like the Twins' offseason moves so far?

Weekly Question

ADVERTISEMENT

ADVERTISEMENT

 
Close