Arb Ruling 162 Games for ARod

EvilEmpire

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Bob Montgomery's Helmet Hat said:
People keep saying this, but I just don't understand the logic behind it.  He's due $61 million from 2015-17.
I don't think he'll walk away either. I could maybe see him try to get a substantial buyout, assuming such things are even possible under the CBA.
 

Sampo Gida

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yep said:
 
Yeah, as I understand it, when you are represented by something like a collective bargaining agreement that governs dispute resolution, courts are not likely to intervene unless you can show something like:
 
- The CBA itself was somehow crooked, illegal, unconscionable, or otherwise unenforceable in a large-scale sense, or;
 
- The arbitration-process was demonstrably illegal or in really gross violation of the governing agreement (like, really bad), or;
 
- You or your case are not actually governed by the arbitration process according to the terms of the agreement.
 
Arod would have, I think, a very tough sell to convince anyone that either the CBA is some kind of unconscionable violation of his rights, or that his case is not governed by it, or that the arbitration process in this case was somehow a flagrant violation of the CBA process. 
 
I am fairly certain that he WON'T get the courts to intervene on the basis that the outcome was unfair, that he was punished more harshly than others, that MLB has a vendetta against him, or even on the basis of factual innocence. 
 
His best argument is to challenge the arbitrators decision to not have Bud Selig testify.  Bud is the one who set the sentence and has testified in the past. 
 
The appeal could claim the arbitrator (bolded in quotes)
 
 
 
  1) The arbitrator:
(i) Exceeded his or her authority; or
(ii) Was biased; or
(iii) Denied the excepting party a fair hearing; or
 
 
 
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=b3f1274ca5c0553fed142c739dfe9b9b&rgn=div8&view=text&node=5:3.0.8.7.13.0.48.6&idno=5
 

Sampo Gida

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Bob Montgomery's Helmet Hat said:
People keep saying this, but I just don't understand the logic behind it.  He's due $61 million from 2015-17.
 
Yeah, but if he could deliver on his HR bonuses he could get 12 million more.  Also, he is unlikely to be much more than a 1.5 WAR player after a year off so what are you losing. 9 million a year in production?   That 61 million is already a sunk cost, might as well cut bait.  Maybe someway to get the 27.5 million AAV off the books  for 2016-2017 if he is paid off in a lump sum. Not sure that's possible though
 

EvilEmpire

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Bob Montgomery's Helmet Hat said:
It's a guaranteed contract.  Why would he accept anything less than the full amount?
Because he might be able to get most of it for doing nothing and might want to move on with his life. I don't think it is likely, but not out of the realm of possibility.
 

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EvilEmpire said:
Because he might be able to get most of it for doing nothing and might want to move on with his life. I don't think it is likely, but not out of the realm of possibility.
I guess, but I would bet that he'll do whatever he can to get back on the field.  Prove the haters wrong.  He's a delusional guy.  He undoubtedly believes that he can still get to 700 homers.
 

terrisus

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EvilEmpire said:
Because he might be able to get most of it for doing nothing and might want to move on with his life. I don't think it is likely, but not out of the realm of possibility.
 
He came back last year while the appeal was going on.
He says he's coming to spring training this year.
 
There have been literally no signs at all that he just wants to get out of it, do nothing, and move on with his life.
 

soxhop411

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“@newsdaymarcus: #AROD: Anthony Bosch ``60 Minutes'' Sunday. Will say he injected Rodriguez.”


Will watch this tomorrow
 

InsideTheParker

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I think Arod will do anything he can to play baseball some more. He is very interested in money, but that money is a symbol to him, as it is to many, of his worth, of how he's doing. It's not enough now. It's hard to understand his using PEDs except in the context of always wanting MORE. 
 

soxhop411

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http://www.cbsnews.com/news/first-details-in-rodriguez-case/
 
60 Minutes reveals details in MLB's doping case against Alex Rodriguez, including text messages from MLB's star witness, who says that he injected him with banned substances

60 Minutes will offer the first look at the details in the doping case of Yankee slugger Alex Rodriguez, including interviews with Major League Baseball's chief witness against him, Anthony Bosch - who says he injected Rodriguez with banned substances - and the league's COO Rob Manfred. Scott Pelley's report will be broadcast Sunday, Jan. 12 (8:00-9:00 PM, ET/PT) on the CBS Television Network.


-He personally delivered banned substances, including testosterone, insulin-like growth factor 1 and human growth hormone to Rodriguez at least a dozen times and Rodriguez paid him $12,000 a month in cash.

-He personally injected Rodriguez because "Alex is scared of needles, so at times, he would ask me to inject."

-Rodriguez's mission was to hit 800 home runs and that the Yankee slugger asked him for what he gave MLB superstar Manny Ramirez, a former Bosch client

-Text messages obtained by 60 Minutes between him and Rodriguez indicate that at times they communicated daily about the substances the slugger took on his "protocol"

-Says Rodriguez associates intimidated him to try to prevent him from cooperating with MLB in its investigation of the Yankee third baseman.

MLB's Manfred tells Pelley that he believes the threats Bosch says he received could be legitimate. "The concerns seemed credible, particularly given that he identified individuals that we had our own concerns about."


Pressed by Pelley that the security and legal fee arrangement is plenty of incentive for Bosch to lie, potentially undermining his credibility, Manfred responds, "The credibility of any witness is determined by … looking the individual in the eye, listening to the story he tells and then lining it up with the other evidence," he tells Pelley. "And frankly, nobody came in and contradicted what Mr. Bosch said."
 

Yikes.
 

terrisus

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Says Rodriguez associates intimidated him to try to prevent him from cooperating with MLB in its investigation of the Yankee third baseman.
 
And people question why Rodriguez was given a different suspension length than the other players.
 
Again, if Rodriguez doesn't do anything and just admitted to what he did, he would have had the same suspension everyone else did, which would have been over by now.
He clearly did plenty more than the other people did though.
 
 

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This sucks for the Red Sox given that it frees up money for those insufferable pukes, but A-Rod is such a villain.  It's hard for me to be disappointed when he gets bitch slapped.
 
The Yankees would be insane to allow him to come to Spring Training.  What a circus that would be.
 

luckiestman

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Im  a Yankee fan, this is probably good for the Yankees, but I hate this entire steroids witch hunt nonsense. Now, we have the rat getting his fame on 60 minutes.  
 

Sampo Gida

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Papelbon's Poutine said:
It's not. You keep throwing it out there but again don't back it up. There is literally nothing that suggests they could accelerate it. Just stop.
 
I was throwing it out there as more of a question, hoping someone would come back with something definitive, like this
 


  (ii) If a Club terminates a multi-year Uniform Player’s Contract
while it remains obligated to pay Salary under either this
Agreement or a Special Covenant to the Contract, Salary shall be
allocated to that Club for each Contract Year during which its
obligation continues. Salary shall be attributed to each such Contract
Year pursuant to this Article XXIII (subject to any offset
102
called for by this Agreement or a Special Covenant). This attribution
shall apply even if the Club pays the Salary in advance.
 
So that ends that as a possibility.
 

Sampo Gida

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luckiestman said:
Im  a Yankee fan, this is probably good for the Yankees, but I hate this entire steroids witch hunt nonsense. Now, we have the rat getting his fame on 60 minutes.  
 
Horowitz release was certainly timely, wasn't it?.
 
Bought testimony is always suspect, but it should be entertaining. 
 

jon abbey

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Sampo Gida said:
 
Horowitz release was certainly timely, wasn't it?.
 
I think you have this flipped, presumably 60 Minutes has had this in the can and has been waiting for the verdict to broadcast it. 
 

yep

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Bob Montgomery's Helmet Hat said:
People keep saying this, but I just don't understand the logic behind it.  He's due $61 million from 2015-17.
 
The people saying he'll never take the field again, etc, are either delusional or wishful Yankees fans, somehow thinking that things like shame, pride and common decency will somehow arrange a graceful end to all this. That either the Yankees or Arod will decide that something more important than money is a good enough reason for him to not take the field. 
 
To which the simple answer is: think about how much money your department at work makes. Probably not a whole lot more than $61 million. Now imagine your reaction if someone said they were closing down your department, because really, it would be kind of embarrassing not to, after what happened last year. Don't think that Team Arod has significantly fewer people who would be put out of work than your department. Even rich people are still human beings, and even Arod still pays the same price for a Big Mac, and knows what $61MM is worth. 
 

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Rudy Pemberton said:
I could certainly envision a scenario where the Yankees simply release A-Rod and / or engage in some kind of battle to try to recoup some of that money. He's old, a huge negative for their brand, and a distraction, and they don't want him hitting any of those milestones which will trigger even more compensation (and surpassing some of the records held by Yankee greats). I can understand why A-Rod would want to come back, but why in the world would the Yankees want him on their team in 2015? At this point, seems like the definition of sunk cost.
Yeah I agree with this.
 
terrisus said:
 
They're paying him regardless, and he doesn't have a negative WAR?
They could spend some more money and get better production.  Or all of the stuff Rudy said, like they don't want him around, he's a distraction, and he may earn even more money with the HR bonuses.
 

Sampo Gida

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jon abbey said:
 
I think you have this flipped, presumably 60 Minutes has had this in the can and has been waiting for the verdict to broadcast it. 
 
Pretty sure CBS does not want to go up against the NFC Championship game next week.  This is perfect timing to maximize ratings.
 

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Rudy Pemberton said:
I agree that getting any kind of relief is extremely unlikely to happen, but writing off $61M is probably a wise business decision, especially since with 6 HR they'll be on the hook for $6M mor (assuming that marketing agreement ceases to exist if he's not on the MFY, but not sure). It's a pretty small amount for the Yankees to pay to make him disappear in the grand scheme of things.
 
Then again, this saga has been so bizarre that nothing would really surprise me. A-Rod being in jail, dead, on the Marlins, or hitting HR for the Yankees in '15- would any of those options shock anyone?
 
Pretty funny to see that they owe him $3M of his signing bonus in 4 days.
 
In a year he will be a 40 year old  player coming off a one year ban,  His OPS was declining pretty steadily before this,  so I think optimistically, you are looking at a 750 OPS DH, and I would guess factoring the missed year,  his projections would be much closer to 700 OPS than 750.   Then add in the sideshow element
 
They have to walk away from that.  If ARod would want to sue to get the HR bonuses, I think he would lose, and the Yankees could make the case, that cutting him was simply a baseball decision, and he simply isn't going to be good enough to fill a role
 

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Rudy Pemberton said:
I agree that getting any kind of relief is extremely unlikely to happen, but writing off $61M is probably a wise business decision, especially since with 6 HR they'll be on the hook for $6M mor (assuming that marketing agreement ceases to exist if he's not on the MFY, but not sure). It's a pretty small amount for the Yankees to pay to make him disappear in the grand scheme of things.
 
Then again, this saga has been so bizarre that nothing would really surprise me. A-Rod being in jail, dead, on the Marlins, or hitting HR for the Yankees in '15- would any of those options shock anyone?
 
Pretty funny to see that they owe him $3M of his signing bonus in 4 days.
 
I can't see AROD agreeing to any sort of buyout.  He wants to chase records, and I think he would prefer to do it for the Yankees on the big stage.  I think he knows that it's unlikely that any contender (if anyone at all) would sign him post buyout.
 

TomRicardo

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The MLBPA will not let him take a buyout.  The Yankee's can DFA after next season and eat the money.  That is their only recourse outside of playing him.
 

snowmanny

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TomRicardo said:
The MLBPA will not let him take a buyout.  The Yankee's can DFA after next season and eat the money.  That is their only recourse outside of playing him.
This is actually the right answer. We should all recall that ARod ended up on the Yankees only after the MLBPA would not let him restructure his contract (and reduce his total payout) so he could go to Boston.
 

mauidano

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snowmanny said:
This is actually the right answer. We should all recall that ARod ended up on the Yankees only after the MLBPA would not let him restructure his contract (and reduce his total payout) so he could go to Boston.
:rolling:
 

yep

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Rudy Pemberton said:
I agree that getting any kind of relief is extremely unlikely to happen, but writing off $61M is probably a wise business decision, especially since with 6 HR they'll be on the hook for $6M mor (assuming that marketing agreement ceases to exist if he's not on the MFY, but not sure). It's a pretty small amount for the Yankees to pay to make him disappear in the grand scheme of things.
 
Then again, this saga has been so bizarre that nothing would really surprise me. A-Rod being in jail, dead, on the Marlins, or hitting HR for the Yankees in '15- would any of those options shock anyone?
 
Pretty funny to see that they owe him $3M of his signing bonus in 4 days.
 I feel like I am hearing all this in voices of some characters from Portlandia in an alternative bookstore. 
 
The likelihood of Team A-Rod agreeing to go quietly into that good night in exchange for a salary payout is approximately zero point zero. The Yankees will be lucky if he doesn't show up to the first post-suspension meeting in a superman costume, with his lawyers dressed as NYY-themed Batman and Robin. 
 

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If it happens it will be because ARod wants out and makes an offer. If more details come out about the evidence MLB has and that the arbitrator considered, and those details are bad, and people believe them, he'll know (if he doesn't already) that he has no shot at the HoF and that all his numbers are considered tainted. Maybe he'll thrive on all the hate, but I wouldn't be shocked if his motivation to play isn't so strong, especially if can still get most of his pay without having to deal with it.

Buyout is probably the wrong term too. He'd retire and the Yankees would still pay him whatever was agreed upon. I don't think the PA would (or could) influence that. I think all of this is extremely unlikely, but that there is still more than a 0.0% chance.

Otherwise I think the Yankees will play everything straight -- they're probably happy enough with luxury tax relief this year and will treat ARod just like any other player returning from suspension when the punishment is over. If he has anything left in the tank, he might even get some playing time. I don't think they'll release him.
 

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EvilEmpire said:
If it happens it will be because ARod wants out and makes an offer. If more details come out about the evidence MLB has and that the arbitrator considered, and those details are bad, and people believe them, he'll know (if he doesn't already) that he has no shot at the HoF and that all his numbers are considered tainted. Maybe he'll thrive on all the hate, but I wouldn't be shocked if his motivation to play isn't so strong, especially if can still get most of his pay without having to deal with it.
 
Maybe it's just me, but I think that ship has already sailed. Bonds can't get above 40% in HoF voting, and he's (a) got a much better HoF case than ARod statistically, and (b) at least can make the quasi-legitimate argument that technically, the Cream and the Clear weren't officially defined as steroids until the Anabolic Steroids Control Act of 2004 (not that this really matters, but might sway the kind of person who would be swayed by seeing more direct evidence against ARod). Now that it's clear it's not just a 'voters didn't vote for Bonds/Clemens in year 1 on the ballot as punishment' issue, unless the HoF completely changes the way they do voting I don't see any way ARod can get 35% of voters to vote for him that wouldn't vote for Bonds.
 

Pete Williams

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Can anyone find out whether the Yankees are clear of the $6 million bonuses for HR's if they release him now?  If I'm the Yankees and I don't have pay those bonuses if he goes to another team, I release him now and shut down the circus.
 
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As a Sox fan I'm hoping he causes them as much headaches as possible. But he does deserve every last minute he gets. He's a liar, a cheat, a roider and the fact that he acts all indignant about it burns my ass. I was overjoyed when the Sox didn't get him in 2004. Hated him when he was with the M's.

However IF the Yanks are smart, they'd pull the plug and don't look back. Its worth the lost money.
 

TomRicardo

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Pete Williams said:
Can anyone find out whether the Yankees are clear of the $6 million bonuses for HR's if they release him now?  If I'm the Yankees and I don't have pay those bonuses if he goes to another team, I release him now and shut down the circus.
 
If they release him now, they don't get the salary relief from the suspension
 

EvilEmpire

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ESPN reports that the Yankees can relegate ARod to the minor league facility if they want to avoid some of the distraction.
 
http://espn.go.com/new-york/mlb/story/_/id/10282537/new-york-yankees-relegate-alex-rodriguez-spring-training
 
 
The Yankees will not make any final decisions about their course of action until speaking with the commissioner's office about the loophole in the suspension rules.
"These are uncharted waters," one official said.
...
 
Technically, according to sources, Rodriguez is allowed to train at the club's facility during spring training because his discipline for violating the Joint Drug Agreement covers the regular season and the postseason, not the preseason.
Since Rodriguez is not on the Yankees' 40-man roster because of the suspension, one official said that would give the Yankees the right to send him to workouts with minor leaguers instead of Derek Jeter, Mark Teixeira and the rest of his big-league contemporaries.
One official said the Yankees could go as far as to have Rodriguez on the minor league side but instruct their coaches to basically ignore him -- to not hit him grounders or throw him batting practice.
 

Brohamer of the Gods

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Any clarification on the wire report that:

"In Rodriguez's only partial victory, Horowitz ruled he is entitled to 21-183rds, or about 11.5 percent, of his salary this year, a person familiar with the decision said, speaking on condition of anonymity because the decision was not made public. That comes to $2,868,852.46.  Baseball’s drug agreement says the amount of lost pay shall match number of regular-season games suspended, regardless of days over the season, which is 183 days this year."

I assume that would count towards the cap.
 

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EvilEmpire said:
ESPN reports that the Yankees can relegate ARod to the minor league facility if they want to avoid some of the distraction.
 
http://espn.go.com/new-york/mlb/story/_/id/10282537/new-york-yankees-relegate-alex-rodriguez-spring-training
 
Wouldn't put it past him as a guy who relishes the attention but he could show up and immediately be sent across the street.  Not a chance he sees the MLB complex.
http://espn.go.com/mlb/blog/_/name/stark_jayson/id/10283024/unlikely-alex-rodriguez-spring-training-mlb
 

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Brohamer of the Gods said:
Any clarification on the wire report that:

"In Rodriguez's only partial victory, Horowitz ruled he is entitled to 21-183rds, or about 11.5 percent, of his salary this year, a person familiar with the decision said, speaking on condition of anonymity because the decision was not made public. That comes to $2,868,852.46.  Baseball’s drug agreement says the amount of lost pay shall match number of regular-season games suspended, regardless of days over the season, which is 183 days this year."

I assume that would count towards the cap.
 
Got a link for that?  Because this is the first I've heard of it, and it makes no sense.
 
Baseball players are paid during the season, and when they are suspended, they lose salary for the games they miss as a percentage of the total.  This would be the first time I have ever heard that a player would be paid a proportional salary for days off when he is barred from games.  Baffling if true.
 
Edit:  OK, I see the same report.  Not confirmed, so I don't know if I buy it.
 

glennhoffmania

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There were several mentions of this in the 189m thread.  I agree, it sounds ridiculous.  
 

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Selig won't testify at the hearing, but he's glad to plant himself in a chair for 60 Minutes.
 

Van Everyman

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Did we know Bosch was giving drugs to Manny?

Kinda bullshit that they show him in a Red Sox uniform for drugs he supposedly took in '08-09.