The sound of rattling sabres fills the air. Steroids are bad. Fans don't trust baseball players. The players' union is hiding behind the Constitution and the basic agreement, allowing cheaters to keep cheating while making the good guys guilty by association. Congress is threatening to intervene. Clean players will rise up against the union and demand more testing. Commissioner Bud Selig will act in the proverbial "best interests of baseball" to clean up the game if that's what it takes.
Blah, blah, blah.
It all sounds good. For the first time in a long time there's an issue that provokes near unanimous agreement on the part of players, fans, and owners. The safety of ballplayers is at stake, as is the integrity of the game. The joke of a testing policy that's currently in place for major leaguers threatens to undermine the essential trust of fans who follow and support baseball. Finally, it looks as if there's going to be some action . . .
Actually, no.
We can all agree that the Major League Players Association is wrong on this one, but it doesn't matter. Legally, Uncle Bud and Congress are powerless to change things until the basic agreement expires in December 2006. Here's hoping no jacked-up players expire between now and then. Here's hoping the game can survive this crisis of trust.
This job can be discouraging. I read all the reports in yesterday's papers. The Chicago Tribune reported Selig may summon his "best interests" powers to clean up the mess. The Los Angeles Times reported that the Players Association may engage in dialogue regarding Major League Baseball's request to strengthen drug testing. ESPN The Magazine had a nifty piece quoting a veteran player (anonymous, of course) who says the clean players will revolt against their own leadership in order to clear their names.
And then I talked to Selig, former commissioner Fay Vincent, and union legal czar Gene Orza, and I wanted to put my head in the oven.
Nothing's gonna happen, folks. Uncle Bud can't make it happen. The ever-intransigent union won't allow it to happen. Senator John McCain (R-Ariz.) and his honorable brethren appear to be powerless. And the silence of the lambs (card-carrying members of the Major League Players Association) is bound to continue forever. Major league players have been well served by a union that remains undefeated against management and has the average salary up to $2.3 million. And, unlike the NFL, all baseball contracts are guaranteed.
Selig means well. Asked if he would summon the "best interests" clause he said, "I said to our people, `I want every option.' I call them at home late at night and ask, `What about this?' You bet I'm exercising every option. But we do have a collective bargaining agreement."
The drug-testing part of that agreement is the one that has no teeth. It's a basic, five-strikes-and-your-out policy. The testing is a joke. The repercussions are a joke.
Older fans in Boston remember former commissioner Bowie Kuhn citing "the best interests of baseball," when he nixed Charlie Finley's sale of Joe Rudi and Rollie Fingers to the Sox (also Vida Blue to the Yankees) in the summer of 1976.
The ever-confident, ever-smug Orza said "best interests" has never been used against players, only ball clubs. Vincent said, "I think I used it when I threw Steve Howe out after his eighth drug violation. But the union found an arbitrator who said that eight drug violations wasn't enough."
Typical.
"We have no concerns about that [Selig using `best interests'] whatsoever," said Orza. "It's not going to happen. It's got enormous legal and practical problems. I think that's just a rumor."
Selig said, "I articulated my concerns in Washington. There's no question the minor league policy" -- year-round testing, unlimited testing after one violation, 15-game suspension for one violation, includes all substances banned by Olympics -- "is what we ought to have."
The minor league testing program was instituted unilaterally by the commissioner in 2000. Robert Manfred, executive vice president (labor relations) for MLB, said, "Where the commissioner can do this, he's done it."
He can't do it with the Major League Players Association.
"Yes, they sent us a letter asking for additional discussion about the drug plan," said Orza. "But they know what the response will be. There seems to be a misconception about the concept of reopening the basic agreement. If they have any ideas about how a drug program might be better worked, we'll listen to what they have to say. But we have little sentiment for a wholesale revision of the basic agreement."
Rest assured, Selig has heard from major league players who want to be tested, but he won't dime them out. He says the safety of big league players is the paramount issue. "I don't want some player being able to say to me, `But you people knew about this and you didn't do anything about it.' "
What about the trust of the fans?
"That's critically important to me," said Selig.
Has there been an erosion of trust?
"I hope not," he said. "The good news is I believe we will be able to show the largest preseason ticket sale ever. There's an enormous amount of interest. But on the other hand, this is an issue we need to deal with. Make no mistake about it. I'll review every option."
Vincent, Selig's predecessor, has an opinion about where this is headed.
"I think the best thing going on is the pressure on the union and management," said the former commissioner. "I think the public pressure is considerable over time. I think the fans really do own the game. But once the season starts, and the Yankees play the Red Sox a few times, nobody is going to be worried about steroids."
Citing some unfortunate, yet telling history, the former commissioner added, "Take the simple issue of banning chewing tobacco. They [the players' union] viewed it as a constitutional issue. We never got anywhere with them on the major league side. They're very consistent and you have to admire them for that. They run a very good union. Don [Fehr] and Gene [Orza] are both lawyers and they review it from the legal side even though I don't think the legal side is what ought to govern."
Selig said he's studying his history, checking to see what his powers allow. "Stay in touch with me," he said. "I'm watching these events on a daily basis."
But in the end, he will be powerless. Barring an unprecedented act of Congress, or an insurrection by the sheep-like players, this battle is going no place until the basic agreement expires.
"The provisions that exist in the basic agreement are the representation of the will of the players," insisted Orza. "To the extent that people wish to suggest that is no longer the case, I just don't think they're right. There is little sentiment among players for changes in the basic agreement regarding anything."
There. He's got all the hammers. He's got the Constitution. He's got the basic agreement. And he's got the continued silence of his loyal and cowardly membership.![]()