Major League Baseball may try to suspend Alex Rodriguez under its labour 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 offence, 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 labour contract, a person familiar with management's deliberations told the AP, speaking on condition of anonymity because no statements were authorised.
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 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."
Aside from the drug agreement, there is no automatic stay for suspensions under baseball's labour 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.
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