Talks between Major League Baseball and the MLB Players Association about changing the drug-testing policy in their collective-bargaining agreement could set a dangerous precedent, said former MLBPA executive director and sports labor pioneer Marvin Miller.
“I can’t think of anything more disastrous,” said Miller, 87, who was executive director of the MLBPA from 1966 to 1983. “I think … it opens the door for changes willy-nilly. I think you are seeing the end of having a contract at all.”
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MLB and MLBPA officials have acknowledged that they are in talks about modifying the drug-testing policy in the collective-bargaining agreement, which was negotiated in 2002. MLB Commissioner Bud Selig was recently quoted as saying that he hoped the current program would be replaced with a “more comprehensive and far-reaching program.” Selig vowed to eliminate steroids from MLB.
The talks followed a U.S. Senate Commerce Committee hearing this spring in which Sen. John McCain told MLBPA Executive Director Donald Fehr that the current agreement is not acceptable and that Congress would seek “legislative remedies” if the steroids policy was not changed.
President Bush also expressed concern about athletes’ steroid use in his State of the Union address.
After tests last year, when more than 5 percent of players tested positive, players can now be punished if they test positive. Players are tested twice a year for steroids that the U.S. Food and Drug Administration has deemed illegal, according to mlb.com. Players are given an unannounced test and tested again five to seven days later.
The first time a player tests positive, he receives treatment but no suspension or fine. Subsequent positive results call for punishments that include fines and suspensions.
Baseball officials want year-round testing and punitive measures on the first offense, according to mlb.com.
Rob Manfred, MLB executive vice president of labor, would not comment on the current talks. But he said that, generally speaking, “Miller knows well that parties to a collective-bargaining agreement often agree midterm to make modifications to the agreement, and I don’t see it as this cause of great concern like Mr. Miller does.”
Miller retorted, “Manfred’s response would be appropriate if the union and the employer had both decided [to make changes] without pressure from a senator and the president. That is not the case.”
An MLBPA spokesman declined comment.
Miller said he does not know what the union should do about demands to change the agreement.
“The facts that I know are they in good faith made a settlement of the collective-bargaining agreement that has several more years to run,” he said. “They addressed [steroid testing] to the satisfaction of both sides. They signed it. It was ratified by the membership.”
Miller said it was “outrageous” that McCain, newspaper writers and other outsiders are now demanding that the drug policy be changed.
“Just picture what would happen if the union said, in the middle of an agreement, ‘My congressman agrees with me, we should tear up the agreement,’” he said.
NFLPA ISSUES AGENT COMPLAINT: The NFL Players Association disciplinary committee issued a complaint against Hadley Engelhard, saying that he gave his NFLPA Web site password to a reporter and changed his agent fee for a player without full disclosure to the player.
The NFLPA disciplinary committee voted to issue a letter of reprimand and levy a fine of $10,000 for each offense, for a total of $20,000, said Richard Berthelsen, NFLPA general counsel. Engelhard has appealed the action, Berthelsen said.
Engelhard did not return phone calls.
ESPN reporter Len Pasquarelli, who the union says used Engelhard’s NFLPA Web site password, wouldn’t comment.
SFX SPLITS WITH GAMBILL: SFX Tennis has parted ways with tennis glamour boy Jan-Michael Gambill. An SFX spokeswoman said the decision to end the relationship was made by the agency.
Gambill is ranked No. 89 in the world.
He was one of People magazine’s 50 most beautiful people in the world in 2000, the year he made it to the Wimbledon quarterfinals.
Gambill could not immediately be reached for comment.
Contact Liz Mullen with agent and labor news at lmullen@sportsbusinessjournal.com.
