The Associated Press has reported that the MLB may seek a suspension on New York Yankees' Alex Rodriguez under the collective bargaining agreement, as opposed to the drug agreement, thus eliminating the opportunity for an appeal.
Generally once the player's association appeals a PED-related suspension for a first-time offender like Rodriguez, the player is entitled to an automatic 50-game suspension while an arbitrator decides the appeal.
The MLB may argue other alleged violations are punishable under the labor contract, a person familiar with management's deliberations told the AP, speaking on condition of anonymity because no statements were authorized.
Rodriguez could be punished under Article XII B of the Basic Agreement, which states: "Players may be disciplined for just cause for conduct that is materially detrimental or materially prejudicial to the best interests of baseball including, but not limited to, engaging in conduct in violation of federal, state or local law."
Under a CBA suspension, A-Rod would be kept off the field while a grievance is litigated unless his representative specifically ask for a stay and that request is granted. The AP suggests such a scenario would be atypical.
"We are focused on an appeal," Rodriguez's lawyer, David Cornwell, said in an interview Monday with Stephen A. Smith on "The Michael Kay Show" on ESPN New York 98.7.
Cornwell said Rodriguez's "primary focus" is playing in the majors again. Rodriguez is in Tampa rehabbing a quad injury that postponed his return to the Yankees last week.
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