# ARod arbitration ruling: Banned for entire 2014 season

**URL:** <https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524>\
**Category:** The Game Room\
**Created:** [January 11, 2014, 5:33pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524 "2014-01-11T17:33:17Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [January 14, 2014, 9:17pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/21 "2014-01-14T21:17:05Z")

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> [@Quercus](#):
>
> I don’t like the man much, but I have to agree that this is basically a witch hunt/mob lynching/scapegoat killing. The agreed-upon players contract lays out exactly what the penalty is for first offense of steroids: 50 games. No more, no less.

The added games are for “obstruction of justice”, not malice or statement-making. And the “verdict” was in fact reached according to the collective bargaining agreement, to which the rule of law you referred to does give great deference.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [January 14, 2014, 9:23pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/22 "2014-01-14T21:23:25Z")

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> [@Munch](#):
>
> I absolutely agree with you. And who was surprised by the arbitrator’s decision, after the last arbitrator to rule on the last high profile PED found in favor of the player (Braun) was summarily fired?

> [@ElvisL1ves](#):
>
> The added games are for “obstruction of justice”, not malice or statement-making. And the “verdict” was in fact reached according to the collective bargaining agreement, to which the rule of law you referred to does give great deference.

And for the conclusion that he used three different drugs.

[Under baseball’s collective bargaining agreement, either side can fire the independent arbitrator and the two sides have to agree on the replacement.](http://content.usatoday.com/communities/dailypitch/post/2012/05/shyam-das-mlb-arbitrator-fired-ryan-braun/1#.UtWqNrQlh8E) So if the MLBPA is unhappy with Horowitz’s decision in this appeal, I believe they can fire him.

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [January 14, 2014, 9:54pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/23 "2014-01-14T21:54:54Z")

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> [@Quercus](#):
>
> I don’t like the man much, but I have to agree that this is basically a witch hunt/mob lynching/scapegoat killing. The agreed-upon players contract lays out exactly what the penalty is for first offense of steroids: 50 games. No more, no less.

Fifty games is the set penalty in the CBA **for failing a PED drug test under the current drug testing regime**. That is not what Rodriguez has been suspended for.

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**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\
**Post date:** [January 15, 2014, 2:00pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/24 "2014-01-15T14:00:27Z")

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> [@Fear\_the\_Turtle](#):
>
> Does anyone else think the team should still be on the hook for the salary? Obviously it couldn’t go to the player, but a charity or retirement fund or something. I mean the team benefited from the player taking PEDs, and teams even sign these players knowing they had cheated previously. The Yankees will actually benefit from this suspension as A-Rod is no longer worth the salary.

Nope

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**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\
**Post date:** [January 15, 2014, 9:29pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/25 "2014-01-15T21:29:29Z")

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> [@Fear\_the\_Turtle](#):
>
> Does anyone else think the team should still be on the hook for the salary? Obviously it couldn’t go to the player, but a charity or retirement fund or something. I mean the team benefited from the player taking PEDs, and teams even sign these players knowing they had cheated previously. The Yankees will actually benefit from this suspension as A-Rod is no longer worth the salary.

If you have an employee who broke the rules to your benefit and you wanted to suspend him (i.e. it was not serious enough to warrant termination), would you listen to a demand that you should have to still pay his salary to some charity?

Zev Steinhardt

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**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\
**Post date:** [January 15, 2014, 9:36pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/26 "2014-01-15T21:36:53Z")

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> [@ElvisL1ves](#):
>
> The added games are for “obstruction of justice”, not malice or statement-making.

No, the arbitrator specifically stated only 12 games were for ‘obstruction’.

> [@RickJay](#):
>
> Fifty games is the set penalty in the CBA **for failing a PED drug test under the current drug testing regime**. That is not what Rodriguez has been suspended for.

Well, what was he suspended for then?

Note that according to  
[QUOTE=MLB Joint Drug Agreement]  
A player who tests positive for a Performance Enhancing Substance, or otherwise violates the Program through the possession or use of a Performance Enhancing Substance, will be subject to the discipline set forth below. 1. First violation: 50-game suspension; 2. Second violation: 100-game suspension; 3. Third violation: Permanent suspension from Major League and Minor League Baseball.

[/QUOTE]  
Under the agreement, a 50 game penalty is not specified solely for a failed drug test, but for any other violation.

So, yeah, I still maintain that this penalty is ridiculously beyond what any fair reading of the established agreement would give, and that A-Rod is the unfair target of MLB finding a sufficiently unliked scapegoat.

Again, just thinking about him makes my skin crawl, but unlikable people are exactly when we need to follow rules of law. Popular, likeable, people don’t get lynched or burned as witches.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [January 15, 2014, 9:55pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/27 "2014-01-15T21:55:18Z")

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50 games multiplied by three violations equals…

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**Author:** ![storyteller0910](https://avatars.discourse-cdn.com/v4/letter/s/ecae2f/32.png) [@storyteller0910](https://boards.straightdope.com/u/storyteller0910)\
**Post date:** [January 16, 2014, 1:07pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/28 "2014-01-16T13:07:34Z")

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> [@Marley23](#):
>
> 50 games multiplied by three violations equals…

Less than he got?

I agree with Quercus. This is a huge over-reach by MLB, and I’m stunned that the Players Association isn’t freaking out about it. If the League can apply an essentially arbitrary punishment to a player like Alex Rodriguez, nothing stops them from making up equally arbitrary punishments to future players.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [January 16, 2014, 1:54pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/29 "2014-01-16T13:54:10Z")

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> [@storyteller0910](#):
>
> Less than he got?

3 X 50 = 150. 150 + 12 (for “obstruction”) = 162.

> [@](#):
>
> I’m stunned that the Players Association isn’t freaking out about it.

There are a couple of different reasons for that. They may not be as organized as they have been in the past, they’ve lost interest in defending cheaters, and A-Rod is A-Rod (he is now suing them!).

> [@](#):
>
> If the League can apply an essentially arbitrary punishment to a player like Alex Rodriguez, nothing stops them from making up equally arbitrary punishments to future players.

It’s not arbitrary. The 50/100/lifetime sequence is for failure of separate tests. Long-term PED use is treated differently. [All of this is provided for in the CBA.](http://mlb.si.com/2014/01/14/alex-rodriguez-frederic-horowitz-appeal-suspension/)

> [@](#):
>
> Having found Rodriguez in violation of the JDA and Basic Agreement, Horowitz ruled that the governing framework of the JDA was Section 7.G.2, covering continuous and prolonged use or possession of multiple substances, rather than Section 7.A., mandating punishment for a single positive test, thus allowing the commissioner to go beyond the disciplinary schedule outlined in the latter section in determining an appropriate penalty.
> 
> Horowitz cited a 2008 decision concerning Neifi Perez in which the arbitration panel decided that the language of the JDA “reasonably implied a general understanding that separate uses [of different prohibited substances] are subject to separate discipline.”

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [January 16, 2014, 8:28pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/30 "2014-01-16T20:28:47Z")

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> [@Quercus](#):
>
> No, the arbitrator specifically stated only 12 games were for ‘obstruction’.
> 
> Well, what was he suspended for then?

He was suspended on two counts:

1. “Use and possession of numerous forms of prohibited performance-enhancing substances, including Testosterone and human Growth Hormone, over the course of multiple years.”

2. “Attempting to cover up his violations of the Program by engaging in a course of conduct intended to obstruct and frustrate the Office of the Commissioner’s investigation.”

> [@](#):
>
> Again, just thinking about him makes my skin crawl, but unlikable people are exactly when we need to follow rules of law. Popular, likeable, people don’t get lynched or burned as witches.

Pete Rose got his ass thrown out of baseball pretty effectively.

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**Author:** ![Fear\_the\_Turtle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_the_turtle/32/2926_2.png) [@Fear\_the\_Turtle](https://boards.straightdope.com/u/Fear_the_Turtle)\
**Post date:** [January 17, 2014, 12:43am UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/31 "2014-01-17T00:43:37Z")

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> [@zev\_steinhardt](#):
>
> If you have an employee who broke the rules to your benefit and you wanted to suspend him (i.e. it was not serious enough to warrant termination), would you listen to a demand that you should have to still pay his salary to some charity?
> 
> Zev Steinhardt

The people paying him and the people suspending him are two separate entities. If I had a business regulated by a higher authority, and I had an employee who broke the rules and reaped me gobs of money - I might expect that authority to fine me in addition to suspending the license of my employee,

This came up a while back amongst my friends, when there was much wailing and gnashing of teeth after Peralta signed his new contract after coming off a cheating suspension. I casually remarked I wondered how much a team would be willing to sign someone for if they were on the hook for the salary if the player were suspended again.

Maybe the Arod situation is so unique - a team greatly benefiting from the salary relief - that nothing needs to change. I just think the team employing a cheater should share in the pain a little. Or little more than just being w/out his services, and not having to pay for those services, for however many games,

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**Author:** ![Zakalwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zakalwe/32/270_2.png) [@Zakalwe](https://boards.straightdope.com/u/Zakalwe)\
**Post date:** [January 22, 2014, 1:50am UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/32 "2014-01-22T01:50:26Z")

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And the players begin to speak. Apparently, there was discussion about kicking A-Fuck out of the MLBPA, but turns out that’s not possible. Still, [the players are NOT happy.](http://msn.foxsports.com/buzzer/story/mlb-players-are-irate-with-alex-rodriguez-012114)

> [@Unnamed player](#):
>
> “When he gets up to bat, you can hit him and hit him hard,” one player told Yahoo Sports. "That’s what I’d do. He sued us. Jhonny Peralta and Nelson Cruz screwed up. You know what? They owned up to it. They took their medicine.
> 
> “[Rodriguez] needs to be scared of coming back and facing people he sued. If he can’t fear the wrath of getting kicked out or not being included, he’s going to be forced out.”

> [@Brandon McCarthy](#):
>
> After next season, what would you rather have in a baseball clubhouse: Alex Rodriguez or MRSA?

We’ll see how it plays out, but A-Rod has managed to fuck up his relationship with the one group of people that should have been on his side. Doesn’t bode well for him…

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [January 22, 2014, 2:43am UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/33 "2014-01-22T02:43:38Z")

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I saw the thread title and was trying to remember who poster **ARod** was, what he/she had done, and why this was in the Game Room and not ATMB…

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**Author:** ![FoieGrasIsEvil](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foiegrasisevil/32/16638_2.png) [@FoieGrasIsEvil](https://boards.straightdope.com/u/FoieGrasIsEvil)\
**Post date:** [January 22, 2014, 3:07am UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/34 "2014-01-22T03:07:05Z")

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> [@Zakalwe](#):
>
> And the players begin to speak. Apparently, there was discussion about kicking A-Fuck out of the MLBPA, but turns out that’s not possible. Still, [the players are NOT happy.](http://msn.foxsports.com/buzzer/story/mlb-players-are-irate-with-alex-rodriguez-012114)

Good.

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<div class="post-metadata">

**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [February 7, 2014, 10:55pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/35 "2014-02-07T22:55:22Z")

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[He’s dropped the lawsuit.](http://espn.go.com/new-york/mlb/story/_/id/10420424/alex-rodriguez-new-york-yankees-withdraws-lawsuit-overturn-suspension) Of course his reasons for doing so are predictably hilarious:

> [@](#):
>
> But sources told [ESPNNewYork.com](http://ESPNNewYork.com) in recent days that Rodriguez had been considering dropping the lawsuits for several reasons, not the least of which was the anticipated $10 million it would cost him in legal fees to continue his fight to play baseball in 2014. Rodriguez is already losing $25 million in salary during his suspension.
> 
> Also, sources told [ESPNNewYork.com](http://ESPNNewYork.com) that Rodriguez was seeking to reconcile with baseball in hopes of continuing to work in the industry after his playing days are concluded. Rodriguez’ contract with the Yankees runs through 2017 and he has told confidantes he has every intention of returning to the field when his suspension concludes at the end of the 2014 season.

Yes. Teams will be lining up to hire him as a representative after he retires.

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [February 8, 2014, 2:11pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/36 "2014-02-08T14:11:44Z")

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Remember he is rich enough to be eccentric and not just crazy.

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**Author:** ![Bellhorn](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@Bellhorn](https://boards.straightdope.com/u/Bellhorn)\
**Post date:** [February 8, 2014, 4:22pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/37 "2014-02-08T16:22:31Z")

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> [@Marley23](#):
>
> …
> 
> Yes. Teams will be lining up to hire him as a representative after he retires.

The odds may be long, but if ARod **_somehow_ finds a way to come back** \* in 2015 and contribute to one more NY Yankee World Championship, Yankee fans will embrace him, give him a plaque in Monument Park, retire his number, and make him a YES staple in his retirement. It’s all about winning in the Bronx, and the typical Yankee fan doesn’t give a crap about how you do it.

Of course, if ARod stinks in 2015, Yankee fans will be asking the new commissioner to void his contract and ban him for life.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [February 8, 2014, 7:10pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/38 "2014-02-08T19:10:17Z")

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> [@Bellhorn](#):
>
> The odds may be long, but if ARod **_somehow_ finds a way to come back** \* in 2015 and contribute to one more NY Yankee World Championship, Yankee fans will embrace him, give him a plaque in Monument Park, retire his number, and make him a YES staple in his retirement. It’s all about winning in the Bronx, and the typical Yankee fan doesn’t give a crap about how you do it.

Being a Yankee fan, I don’t think so. Even after the 2009 championship in which he participated, I don’t think there was a huge amount of enthusiasm for A-Rod (especially compared to the “core four” of Jeter, Posada, Petitte, and Rivera). Even if he contributes to another championship, his overall legacy with the Yankees will be seen as disappointing compared to the expectations when he was signed.

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**Author:** ![BlankSlate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/blankslate/32/80_2.png) [@BlankSlate](https://boards.straightdope.com/u/BlankSlate)\
**Post date:** [February 8, 2014, 9:32pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/39 "2014-02-08T21:32:42Z")

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> [@Bellhorn](#):
>
> The odds may be long, but if ARod **_somehow_ finds a way to come back** \* in 2015 and contribute to one more NY Yankee World Championship, Yankee fans will embrace him, give him a plaque in Monument Park, retire his number, and make him a YES staple in his retirement. It’s all about winning in the Bronx, and the typical Yankee fan doesn’t give a crap about how you do it.
> 
> Of course, if ARod stinks in 2015, Yankee fans will be asking the new commissioner to void his contract and ban him for life.

Like Rodriquez is any different from Manny Ramirez and David Ortiz and countless other P.E.D. users on Boston’s championship teams.

“Boston Strong” comes complete with a syringe kit and acne cream.

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<div class="post-metadata">

**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 8, 2014, 9:48pm UTC](https://boards.straightdope.com/t/arod-arbitration-ruling-banned-for-entire-2014-season/678524/40 "2014-02-08T21:48:51Z")

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$10 million in “anticipated” legal fees is grossly inflated or he’s being quoted ridiculous amounts by lawyers taking advantage of his wealth. Lawyers at that level are expensive, sure, but a million bucks will get you a lot of very good lawyering.

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