A 20-Game Steroid Penalty Put on Table

The baseball players’ union proposed a 20-game suspension for first-time violators of baseball’s anti-steroid policy, five months after Commissioner Bud Selig called for a 50-game penalty as part of his three-strikes-and-you’re-out plan and two days before commissioners and union heads from North America’s four major professional leagues were scheduled to appear before Congress.

As baseball’s leaders prepared to defend their steroid program in a Wednesday hearing before the Senate Commerce Committee, union chief Don Fehr outlined his position Monday in a letter to Selig, in which he called some of the commissioner’s demands, “principally a response to criticisms which have been made of our current program.”

In an April 25 letter to Fehr, Selig proposed that the existing joint drug agreement between Major League Baseball and the players’ association be stiffened to incorporate suspensions of 50 games for a first violation, 100 games for a second violation and a lifetime ban for a third.

After a summer spent consulting with players and a month in negotiations in what he called “on-again, off-again discussions” with baseball, Fehr countered with incremental penalties of 20 games, 75 games and a permanent ban, “provided,” he said, “that it is consistent with just cause, and subject to arbitral review.”

Baseball officials dismissed Fehr’s proposal.

“Twenty games are not enough,” spokesman Rich Levin said. “Also, the union’s proposal is not ‘three strikes and you’re out.’ It’s ‘three strikes and maybe you’re out.’ ”

The current major league policy, adopted in March, stipulates suspensions of 10 days for first-time offenders, 30 days for a second offense and 60 days for a third. Nine players have been punished as first-time offenders, including Rafael Palmeiro, who denied in a March 17 hearing before the House Government Reform Committee that he ever used steroids.

Negotiations between baseball and the players’ union appear to have found areas of accord.

The players have agreed to be tested for amphetamines, to in theory shift the program’s oversight responsibilities to an independent panel, and to increase the frequency of testing for all performance-enhancing drugs -- players would be tested at the start of spring training, at least once thereafter, and be subject to further testing.

The players’ plan, however, would allow an arbitrator to increase or reduce suspensions according to circumstances; in a first violation, for example, to as few as 10 games or as many as 30.

“We either have an agreement or one is in sight on a lot of issues,” Fehr said in a telephone interview. “I certainly hope we’ll find a way to make for some common ground.”

Even as negotiations occur, Congress has written several bills seeking an Olympic-style policy to govern Major League Baseball and the NFL, NHL and NBA. Most require a two-year ban for first-time offenders and lifetime expulsion for a second. Selig has said that in the absence of an agreement with the players’ union, he would support such legislation.

Fehr said he released his letter to Selig in the week of the latest steroid hearing in order to detail the union’s position to both the Commerce Committee and his union’s members.

“I knew we were going to be asked about our position anyway,” Fehr said of Wednesday’s hearing.

In a statement, Rep. Henry Waxman (D-Los Angeles), ranking minority member of the Government Reform Committee, said, “I am glad the league and union are continuing to talk and am encouraged that they are making progress.”

A committee staffer acknowledged there appeared to be movement in the negotiations, and added, “Enough to satisfy members of Congress and the public? Jury is still out on that, to be sure.”

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Penalties for steroid use

Suspensions for positive tests in baseball, NFL and NBA (* no steroid testing under old NHL contract agreement):

*--* 1st 2nd 3rd 4th 5th Old Counseling 15 days 25 50 days 1 MLB days year New 10 days 30 days 60 1 year Comm MLB days issi oner ‘s deci sion Sel 50 games 100 games Life ig time pro ban pos al for MLB Uni 20 games 75 games Comm on issi pro oner pos ‘s al deci for sion MLB NFL 4 games (minimum) 6 games (minimum) 1 year (min imum ) Old 5 games 10 games 25 25 games 25 NBA game game s s New 10 games 25 games 1 Lifetime ban NBA year New 20 games 60 games Life NHL time * ban

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Source: Associated Press