Alex Rodriguez could face suspension for violating the Collective Bargaining Agreement rules in addition to MLB's Joint Drug Agreement.
While use of PED's falls under the MLB's Joint Drug Agreement, MLB may argue other alleged violations are also applicable toward A-Rod under the CBA Basic Agreement's Article XII B, 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.”
The real question isn't whether or not Selig will attempt to invoke this clause, it's what the reaction of the Major League Baseball Players' Association will be. Remember, A-Rod 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 MLBPA files a grievance — meaning the penalty is put on hold until after an arbitrator rules.
Example: Ryan Braun’s 65-game suspension last week, MLB cited violations of both the Collective Bargaining Agreement AND the Joint Drug Agreement. As well, there is no automatic stay for violations under the Collective Bargaining Agreement.
If suspended under the CBA Basic Agreement, A-Rod would serve his penalty while a grievance is litigated before arbitrator Fredric Horowitz — unless MLBPA asks for a stay and the arbitrator grants one, which would be unusual under the grievance procedure. And Selig could always try to punish A-Rod on Joint Drug Agreement violations later.
My thoughts?
If Selig pulls this shit, MLB will lose their Anti-Trust exemption. Where is DUE PROCESS in all of this? HOW legal would it be for SELIG to be JUDGE, JURY AND EXECUTIONER? If Selig thinks A-Rod is just going to confess his "mistakes," (using Braun's words), or just walk away quietly, then he is sadly mistaken.
I could easily see A-Rod dragging them ALL into court. He could open up a can of PED worms — who in MLB knew WHAT and WHEN — and not even Selig could survive the wrath of such a whistle-blowing tsunami.
The amazing thing in all of this is this: it's BUD SELIG. The King Usher of Steroids, who is now attempting to castigate players for doing the VERY THING which lined his (and his cohort lackey TEAM OWNER friend's) pockets with MILLIONS of dollars for YEARS. "Coming down hard," on specific players is Selig's way of deflecting attention away from the storm he created, and making it appear as though HE, ALONE is "Cleaning up the Game."
I truly hope one thing: that A-Rod blows this wide open. If he knows he isn't going into the Hall of Fame, if his entire future is at stake, if he knows he may be banned for life, etc, etc, then do THIS A-Rod: SUE THEM. Whether you doped or not, SUE THEM! IN FEDERAL COURT. Let the names come out. Let those who have committed acts that are "materially detrimental or materially prejudicial to the BEST INTERESTS OF BASEBALL," be on the receiving end of this judgement, starting with BUD SELIG.
BUD SELIG who knew damned good and well what was going on waaay back when Sosa and McGuire were making a mockery out of the home run record, who was sitting back and allowing Barry Bonds to destroy the credibility of the Game. Let the calculated destruction by the Commissioner on the Game, itself, be examined. For, if Selig can suspend A-Rod under a random clause of the CBA, and the MLBPA doesn’t care -- then when the next CBA is up for negotiation, what’s to stop SELIG (or WHOMEVER) from banning whomever they want? Or, maybe SELIG and MLB WANT to be examined by Congress and sued into oblivion by the A-Rod. Maybe baseball WANTS another strike. Maybe the Constitutional Rights of Due Process don't belong in baseball. Or maybe it's time the world finds out just how HIGH, DEEP, FAR AND WIDE this little issue of CORRUPTION, INJUSTICE, GREED, and PED use truly IS within the Game.
It is the MLBPA's job, first and foremost, to represent the players' interests. This would include fighting for A-Rod's RIGHTS under the Collective Bargaining Agreement. If the MLBPA does NOT fight against SELIG's UNILATERAL suspension, then A-Rod should SUE. Either with the NLRB or FEDS. The damages which the MLBPA could be liable for could run into the GAZILLIONS.
For America's Pasttime, the Commissioner has single-handedly led the assault upon the very bedrock from which America was built.
"No person shall be held to answer for a(n) ... infamous crime, unless on a presentment or indictment of a Grand Jury... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law..."
Bill of Rights to the United States Constitution (1789)
Amendment V
March 4, 1789
