AN INTERESTING TAKE ON THE YANKEES GETTING RID OF AROD

I just wanted to share this because it's a unique and interesting perspective about the whole Alex Rodriguez mess, and it's opinion sure, but it's not opinion based on simple thinking. Douglas Solomon, a baseball fan, actually dug deep to find the info that many do not know.  Anyway... check it out and thanks for allowing us to publish this Douglas!  --Casey

I am more convinced than ever that Yanks are going to try this (if ARod is not banned for life by MLB).  I reviewed the Uniform Player Contract and think there is an avenue to terminate the contract.   

In fact, Section 7(b) specifically contemplates termination of the contract by the Club:

The Club may terminate this contract upon written notice to the Player (but only after requesting and obtaining waivers of this contract from all other Major League Clubs) if the Player shall at any time:

1. fail, refuse or neglect to conform his personal conduct to the standards of good citizenship and good sportsmanship or to keep himself in first-class physical condition or to obey the Club’s training rules; or
2. fail, in the opinion of the Club’s management, to exhibit sufficient skill or competitive ability to qualify or continue as a member of the Club’s team; or 
3. fail, refuse or neglect to render his services hereunder or in any other manner materially breach this contract.

The Yankees can certainly make arguments that ARod failed to conform his personal conduct to the standards of good citizenship/sportsmanship, that his PED use resulted in his failing to keep himself in first-class physical condition, and that he violated the Club’s training rules.

Contracts have been terminated before for a material breach of the contract.  I recall that when Aaron Boone tore up his knee playing basketball, the Yanks were permitted to terminate his contract and only owed him “termination pay”, which was a fraction of his 2004 salary.  Playing basketball was expressly prohibited in the Uniform Player’s contract.  The union did not even challenge the Yanks decision to terminate the contract.

I found an article (TSN, read HERE) that detailed other attempts by Clubs to terminate players’ contracts.  Clearly, it is not easy to do, as you can see from the Lamarr Hoyt, Denny Neagle and Sidney Ponson cases.  But the Shawn Chacon case should give the Yankees some hope if you are a fan of getting rid of ARod.

• "Case in point: Lamarr Hoyt. In 1987, the San Diego Padres voided his contract after he was sentenced to jail following multiple drug charges, including intent to distribute cocaine and attempting to smuggle drugs from Mexico into the U.S. This would seem to be specifically the type of conduct that would justify voiding a contract - right? Wrong. The Players Association filed a grievance and won."

• "Back in 2004, the Colorado Rockies' tried to void Denny Neagle's contract after he was charged with soliciting a prostitute. The MLBPA stepped in, and ultimately Rockies agreed to pay him $16 million of the $19.5 million left on his deal contract."

• "In 2005, the Baltimore Orioles voided Sidney Ponson's contract for driving while intoxicated (as well as some other stuff). The MLBPA grieved, and the sides ended up settling. According to reports, Ponson got a sizable chunk of his $11.2 million salary. "

• "As a member of the Red Sox in 1997, Wil Cordero was charged with assault and battery with a dangerous weapon. Cordero pled guilty to criminal charges for beating his wife and threatening to kill her. Still, the Red Sox decided not to void his contract."

"There is, however, an instance where a player contract was successfully terminated. 

• In 2008, Shawn Chacon refused to leave the team dining room to speak with Houston Astros GM Ed Wade in his office. This confrontation ended with Chacon grabbing Wade by the neck and throwing him to the ground. Each time Wade tried to get up, Chacon knocked him back to the ground. Chacon's contract was terminated with cause. The move was appealed by the MLBPA, but the appeal was unsuccessful."

Something to think about



--Douglas Solomon, BYB Guest Writer




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