More on Giambi's Punishment: More details have emerged regarding potential punishment for Jason Giambi, after he admitted using performance-enhancing drugs. From the SF Chronicle:
- Giambi could be disciplined under guidelines of the Collective Bargaining Agreement between the owners and players, the industry source said, and have his contract voided under guidelines of his employment with the Yankees. He has four years remaining in his deal and is due $82 million.
But a source close to the union said the labor agreement supersedes a player's contract and includes language that rules out disciplinary action for Giambi.
For example, in a transcript of Giambi's Dec. 11, 2003, grand jury testimony, which was reviewed by The Chronicle, he said he injected himself with human growth hormone during the 2003 season and started using steroids at least two years earlier. But under baseball's drug-testing policy, which went into effect in 2003 with its "survey testing" program, no penalties were to be administered unless players tested positive beginning in 2004.
That steroid use was a penalty-less crime in 2003 is irrelevant, according to Rob Manfred, MLB's executive vice president of labor relations and human resources, who said, "Steroids were a prohibited substance under the basic agreement as of Sept. 30, 2002."
While MLB could point to language of a standard player's contract that cites how teams can terminate a contract if a player doesn't "keep himself in first-class physical condition or obey the club's training rules," the union would argue that all drug-related offenses would be referred to Article 28, Attachment 18 of the CBA (the drug policy), which states first-time offenders aren't named or disciplined but merely sent for treatment.
0 comments:
Post a Comment