NEW YORK - Major League Baseball Players' Association executive director Donald Fehr would not indicate what course the union will follow to defend the players named yesterday in the Mitchell Report. But Fehr remained angry that the union was not allowed to review the report before it became public.
"Many players are named, their reputations adversely affected forever," Fehr read from a statement at the Intercontinental Hotel last night, 90 minutes after commissioner Bud Selig issued his response to the Mitchell Report at the Waldorf-Astoria. "Anyone interested in fairly assessing the allegations against a player should consider the nature of the evidence presented, the reliability of its source, and the absence of procedural safeguards individuals who may be accused of wrongdoing should be afforded."
The Mitchell Report revealed 88 names, among which were seven-time Cy Young Award winner Roger Clemens, Houston Astros shortstop Miguel Tejada, Yankees lefthander Andy Pettitte, and home run king Barry Bonds. While report author George Mitchell said he hopes the players implicated would not be disciplined - except in extreme cases that might affect the integrity of the game - Selig called for possible discipline on a "case-by-case" basis.
"If there were problems, I wanted them revealed," said Selig, who appointed Mitchell in March 2006 to conduct an investigation into the use of illicit performance-enhancing substances in baseball. "If there were individuals who engaged in wrongdoing, I wanted those facts to come to light. If there were recommendations that would improve our drug-testing program, I wanted to hear them. His report is a call to action. And I will act."
Fehr said Mitchell's comments regarding discipline "are welcome," but he added, "We will make certain that should any player be disciplined, he will have a right to a hearing and the full panoply of due process protections our agreements contemplate, and we will represent him in that process."
Selig said he embraced all 20 recommendations made by Mitchell in the 409-page report. He added that one recommendation already adopted is the elimination of the 24-hour notice drug testers were giving teams. "Those recommendations that I can implement independently, I will do immediately," said Selig. "There are other recommendations that are subject to collective bargaining."
Selig said he would also deal with Mitchell's comments regarding club personnel and potential wrongdoing and "will take appropriate action." Asked whether any punishment would be made public, Selig said, "I'm confident all disciplines will be made public."
Like Fehr, the commissioner said he was committed to finding ways to improve testing, particularly in developing a urine test to detect human growth hormone. "Players who are set on cheating have apparently moved from steroids to HGH," said Selig.
Fehr said that among the reasons he wanted to view the report before its release was to make sure it didn't contain inaccuracies or violations of the basic agreement.
"We wanted an opportunity to see if our agreements were complied with," Fehr said. "Secondly, to see whether there was anything in there that we thought was in error, that needed to be redone or [could] lead to confusion, and to have the opportunity to talk to somebody about this before it was issued. We were not afforded that opportunity. In this context, it's extraordinarily unusual in a collective bargaining context, and doing that in and of itself says something about the bargaining relationship."
This was an indication that the improved relationship between the union and management might backslide. Fehr indicated he and his staff did not receive a copy of the report until about an hour before it was issued to the media. "We had to try and photocopy and distribute it to people," he said. "In the meantime, Senator Mitchell is going on television. Bud Selig is going on television. There hasn't been any meaningful opportunity to do any work on it yet."
Fehr was asked why he expected cooperation after he blocked players from testifying before Mitchell's attorneys. Fehr denied he prevented anyone from testifying.
"We advised our members of their rights under the collective bargaining agreement and relevant federal labor law," he said. "Moreover, given the ongoing federal and state criminal investigations, with which Senator Mitchell had open relationships, we urged players to seek their own counsel. While we did give advice to our players, we would have neglected our representational responsibilities if we did otherwise. The ultimate decisions were always made by individual players. We do not hesitate to point out to Senator Mitchell or the commissioner's office investigative measures we viewed as unfair or unlawful. Even Senator Mitchell today referred to our actions as 'largely understandable.' "
Fehr said all he ever told the players was "to get a lawyer and follow that lawyer's advice."
Fehr said Mitchell invited players to speak and defend themselves only when the investigation was winding down. He expressed surprise that "at some point in this process, he didn't simply say, 'I have the following information about you; here it is.' He didn't do that for reasons I guess he believes are good and sufficient."
Selig said he wished there had been more union cooperation. Only two players (Jason Giambi and, according to the Associated Press, Frank Thomas) were known to have testified before Mitchell.
Selig indicated some of the estimates he's seen concerning the cost of the 20-month study have "been greatly exaggerated." Some estimates have ranged between $20 million and $60 million.
"There are some things in life you do because it's the right thing," said Selig.
In the end, Selig said, he thought Mitchell had achieved what the commissioner wanted - "a thorough report."
Both Fehr and Selig admitted that they should have taken steps to bring about a comprehensive drug plan sooner.
Fehr also addressed allegations that Bonds was given advance notice of a drug test in 2004 by a union member.
"I have no information which suggests to me that actually took place," said Fehr. "We requested from Senator Mitchell's office a number of times the identity of the individual involved so that we could make the inquiries. He was unwilling to provide that information for reasons that were, I assume, good and sufficient to him. In that connection, as he suggests in the report, there was ongoing litigation that summer [that] involved an aspect of BALCO litigation that has publicly been reported . . . everybody was going to be tested at least once in 2004. If we get to a date - I'll just take Sept. 1 for purposes of argument - and that individual said, 'I haven't been tested and am I going to be tested before the end of the year?' the answer is 'yes' because everybody is going to be tested. Having said that, I have no idea what the conversation was."
Asked whether he had inquired whether union chief operating officer Gene Orza had that conversation with Bonds, Fehr said, "Gene tells me he has no recollection of doing it."
Fehr said he will read and analyze the report and come up with his assessment. When asked whether he feels the report will be detrimental to baseball, he said, "I hope I will conclude down the road, after I've had a chance to look at it, and whatever happens happens, that it was not detrimental. I'll let you know when I'm in position to make that judgment. I'm not today."
Nick Cafardo can be reached at cafardo@globe.com.
