Ken Rosenthal has an excellent piece out today at Fox Sports.
He alludes to something I have long thought had gotten lost in the long history of baseball and PEDs: The union’s opposition to drug testing back in the 90s. The story is usually told that the union looked the other way, or resisted baseball’s efforts (especially in the early part of the decade) to get or stay clean. But this Â simply isn’t true.
The union’s resistance to drug testing and other enforcement procedures was based on its obligation to protect player rights, as well as a profound lack of trust in the owners. Remember that this period coincides with the massive triple-damages award in the collusion ruling against MLB and Peter Ueberroth (based on their 1985-1987 efforts stifle the free agent market).
This was also the time of the run up to the owner’s massive (and failed) attempt to crack the union by shutting down baseball in midseason in 1994.
Oh, and this was also when George Steinbrenner accepted a “lifetime” ban from the game because he had hired a whole lot of shadiness to try to extract himself from his obligations to Dave Winfield by tarnishing Winfield’s reputation.
The union’s position that ownership could not be trusted was well earned.
In the A-Rod case, as Rosenthal points out, MLB sued Biogenesis owner Tony Bosch in order to pressure him to testify against A-Rod. Whether they could have won that case is doubtful, but there is no doubt that Bosch was in no position to pay for a defense. This is the place where the player’s union could have stepped in to protect not only A-Rod but all players’ rights, but declined. Rosenthal writes:
“Rodriguezâ€™s legal team could have made its case without attacking Weiner, who died of brain cancer on Nov. 21. But one of the teamâ€™s central points â€“ that the union should have acted to stop baseball from its â€œshamâ€ lawsuit against Biogenesis â€“ is a fair criticism, particularly in hindsight.”
But Rosenthal also points out the bind that the union was in. On first blush, a countersuit would certainly have looked like they were defending drug use, just as history says they were defending it back in the 90s when they were trying to protect against just such a situation with MLB running over player rights.
The silver lining for A-Rod (and could the union have had the foresight to defend him by going at it this way?) is that perhaps his only chance of winning his lawsuit against MLB is to show that his union failed to represent him competently.