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Boras loses grievance claim against Beltran

Posted by: Chad Jennings - Posted in Misc on Mar 27, 2014 Print This Post Print This Post | Email This Post Email This Post

From my Gannett colleagues Bob Nightengale and Jorge Ortiz over at USA Today: new Yankees right fielder Carlos Beltran won a grievance case filed by his former agent, Scott Boras. It could set precedent that impacts the player/agent relationship going forward. Here’s the story from Bob and Jorge.

Carlos BeltranPowerful agent Scott Boras lost a $1.3 million grievance claim against New York Yankees right fielder Carlos Beltran this month, establishing a precedent that Boras believes could have serious ramifications in the industry.

Boras was seeking damages against Beltran, who left his agency in October 2011 – four months before the expiration of his contract. Beltran signed a two-year, $26 million contract with the St. Louis Cardinals in December 2011, before receiving a three-year, $45 million contract this winter from the Yankees. Boras was seeking 5% of Beltran’s contract with St. Louis, citing a provision in their agreement that required payment if he prematurely terminated him.

While many agents, including Boras, have used the provision for years, it was ruled unenforceable by independent arbitrator Shyam Das, who sided with the players union. Former players’ association counsel Jeff Fannell represented Beltran.

“I felt like I had to win,” Beltran told USA TODAY Sports, “because he was basically suing me because I left him and he was trying to collect money without having done anything for me.

“It’s not the money. It’s the intention. Scott Boras had to do something that wasn’t right. If I haven’t done anything for you, haven’t negotiated your contract, how could I sue you and try to collect money because you left me and because you hired another agent? That didn’t make any sense to me.”

Boras believes the ruling could enable players to leave their agents at a moment’s notice with no repercussions, intensifying an already heated competition for clients among agents.

“It basically makes the agent an at-will employee. Is this what you want?” he said. “You should be responsible for the work you do. We need accountability on both sides.”
Boras, who has utilized the provision for nearly 15 years, fears the ruling could prompt agents to negotiate inferior contracts, simply to get their fees to protect themselves from players terminating an agreement.

“The understanding of this rule,” Boras said, “is that it now promotes the vast majority of agents to take any deal they can get. The agents’ conduct will be affected. This rule gives owners a lot more power. This is not in the best interest of major-league baseball players.

“Players know we stand by them. We give our players the best information so they have choices. We are not concerned with our interest of securing a fee at the expense of the player not receiving his fair market value.”

Boras also has an outstanding grievance against Chicago Cubs starter Edwin Jackson, who signed a four-year, $52 million contract after being previously represented by Boras.

“I never worried about it,” Jackson said. “Come on, you can’t have it both ways. You can’t take away guys from another agency, but when your guys leave, sue them.”

Robinson CanoBoras threatened recourse against Seattle Mariners second baseman Robinson Cano, who left Boras for Jay-Z and Roc Nation eight months before signing his 10-year, $240 million contract, but no grievance has yet been filed with the union.

“People (agents) are going to try one way or another to keep the players with them,” Beltran said, “but when you get to a point where you’re not happy with your representation, you need to look at this like a business. After all, he’s generating money from your money.

“Once you get to the point where you believe that representation is not working for you, there shouldn’t be any fear of changing agents. I think this case may help some young players realize that, yes, they can make a change and not get into trouble.”

Major League Players Association officials declined comment when asked about the grievance, and agents are prohibited from discussing the case.

“There’s a rule that you can hire an agent today, and fire him in the next two hours,” Cano said. “There’s a not a rule that you have give your agent 5%, no matter what. You can fire your agent whenever you want.”

When players hire an agent, they must sign a standard player-agent designation form, authorizing the agent to act on his behalf. There’s also a second document called the representation agreements, establishing the terms that include the compensation for negotiating the player’s baseball contract, along with endorsement deals and other services. The agreements expire every year and cannot be automatically renewed.

In Boras’ grievance against Beltran, he claimed he was entitled to a fee because of the specific language in his agreement that stipulated he would receive a 5% fee of the next contract if prematurely terminated. Boras, who negotiated a seven-year, $119 million contract after the 2004 season with the New York Mets, was preparing for Beltran’s next contract.

“You understand and agree that we invest substantial resources, time and effort in preparation for free-agent contract negotiations and salary arbitration hearings,” the provision in Beltran’s contract read. “Therefore, you agree that if you terminate our agency authorization during or after a championship season, and before the following championship season you sign a free-agent or arbitration-eligible contract (whether single- or multi-year), you agree to pay us 5% of the entire contract regardless of who negotiates it on your behalf.

Das ruled that when Beltran fired Boras, it effectively terminated the agreement, siding with Beltran and the union.

“This case is about what is or is not permissible under governing MLBPA regulations …” Das wrote. “The MLBPA, as the exclusive collecting bargaining representative, gets to decide what is in the best interests of the players it represents.”

This was the first grievance dealing specifically with the early termination provision, but Boras won a grievance hearing in 2008 against former Yankees outfielder Gary Sheffield. Sheffield left Boras after his agreement expired, and signed a three-year, $39 million deal with the Yankees. Yet, Boras successfully argued that he deserved to be paid for negotiating an out clause in Sheffield’s contract with the Los Angeles Dodgers, enabling him to become a free agent a year earlier. Boras won a $550,000 settlement.

Associated Press photos

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160 Responses to “Boras loses grievance claim against Beltran”

  1. Ys Guy March 27th, 2014 at 9:31 pm

    mills, im glad for mcgowan. he played in something like 5 games in 4 seasons? idk what he’ll have left but just to make it all the way back is a huge victory for him. i wish him well.

  2. Ys Guy March 27th, 2014 at 9:37 pm

    if scott boras can’t charge me a fee for ending my contract with him, why is verizon allowed to?

  3. pete2 March 27th, 2014 at 9:38 pm

    I have to say I am on Boras side here. It is quite common for any agent to have a contract and a penalty for early termination. In RE for example the standard agents contract will state that the seller must pay the commission on a sale to them if they break the contract and the sale is made during the contracts validity. Only way around that is to negotiate a break clause. The rationale is the work the RE does in the beginning in listing the house and the open houses.

    Beltran entered into a contract with Boras, much like he enters into a contract with the Yankees. Nobody forced him to sign it.

    ““This case is about what is or is not permissible under governing MLBPA regulations …” Das wrote. “The MLBPA, as the exclusive collecting bargaining representative, gets to decide what is in the best interests of the players it represents.”:

    Das as you remember was fired by MLB for siding with MLBPA on the Braun case.
    Boras did not sign a contract with MLBPA, but with Beltran. How could MLBPA regulations be binding over a contract Beltran signed with Boras. If that’s the case, shouldn’t MLBPA take responsibility to ensure that players abide by their regulations?

    I would like to see the wording on the MLBPA regulations and if they had provided this to all the player agents.

    Boras might want to get Arods lawyer. I think he has a good case against the arbitrator.

  4. chicken_stanley March 27th, 2014 at 9:40 pm

    years ago we had the scranton trip for a couple of years so some of us got to meet each other and Pete Abraham. It was fun and someone did a story about it on NPR

    —————-

    Chad, how about a get-together for current posters? Sounds like fun… On the other hand, the extra security needed for this bunch might make it cost prohibitive :)

  5. sigiqaped March 27th, 2014 at 9:41 pm

    Aceves sat in the Red Sox mL system for as long as they wanted him to, got switched back and forth between ML and mL, and now he’s unwilling to even start the season in the mL for the Orioles. Fair.

  6. pete2 March 27th, 2014 at 9:42 pm

    ” Ys Guy March 27th, 2014 at 9:37 pm

    if scott boras can’t charge me a fee for ending my contract with him, why is verizon allowed to?”

    Aribitrators in MLB/MLBPA cases follow the rules of oz. Whatever benefits the party who gives them the most work wins.

  7. Ys Guy March 27th, 2014 at 9:45 pm

    i’ll bet showalter was happy to hear that aceves opted out.

  8. chicken_stanley March 27th, 2014 at 9:52 pm

    I loved Aceves as a Yankee… the more I hear about him, though, the happier I am that he’s no longer a Yankee

  9. luis March 27th, 2014 at 9:54 pm

    Good evening guys,

    Tom,

    Just to set the record straight… Those Generals are with the regime..One of them has close ties with Diosdado Cabello..Another, is being investigated for abuse of power..And the other has no command… The reason they used the coup card is because they needed to reafirm to UNASUR that there is a soft coup under way..Basically to negate legitimacy to the protests.

    OTOH 3 coronels from the general staff of the National Guard in Valencia were arrested because they refused to follow orders to repress the protests…There are a lot of rumors within the military…But they won’t act unless it is absolutely necessary to preserve the Nation’s integrity.

  10. chicken_stanley March 27th, 2014 at 9:55 pm

    Hola Luis!

  11. luis March 27th, 2014 at 9:58 pm

    Hello Glenn!

    What’s up!…How was the game today…Read that CC sat 88-89 but did very well with cutter…AP part deux?…I think he will be fine in the long run, he just needs to adjust

  12. Hankflorida March 27th, 2014 at 9:59 pm

    King of the N.Y. Post had an interesting comment on Johnson as follows:

    Even with bad hips and Biogenesis baggage, Alex Rodriguez would be an upgrade over Kelly Johnson, who is more comfortable at second. Look for this to be the first area the Yankees upgrade.

  13. blake March 27th, 2014 at 10:02 pm

    Johnson is a nice utility guy that has some power…..but he’s not a starter on a good team

  14. chicken_stanley March 27th, 2014 at 10:03 pm

    Luis -unfortunately, I did not get to see the game so I can’t respond from a personal standpoint. Everything I read had glowing reviews, though. I agree, he will be fine in the long run… even when he had high velo, he was a pitcher not a thrower. JMO

  15. pete2 March 27th, 2014 at 10:06 pm

    ” sigiqaped March 27th, 2014 at 9:41 pm

    Aceves sat in the Red Sox mL system for as long as they wanted him to, got switched back and forth between ML and mL, and now he’s unwilling to even start the season in the mL for the Orioles. Fair.”

    That’s not what I remember. Aceves was great for the Red Sox in 2011 in relief and as a spot starter. He was one of the few guys who did not choke during the teams great choke and pitched more innings out of the pen in September than most of the starters.

    In 2012, after injuries to Red Sox closer Bailey, despite being promised a shot at being the opening day rotation, he was an effective closer after a couple of outings for the first half of the year. Bobby Valentine completely abused him, sometimes using him for 3 innings at a time. He was throwing 96 mph for much of the season until his arm fell off. Then Bobby Valentine handed his job to Bailey who had returned from the DL without telling him, and Aceves kind of lost it the rest of the year mentally and on the field. The showboat Pedroia helped fuel the flames complaining he was throwing over to 2B too much and they got into it in the dugout.

    In 2013, still suffering from the stigma of his fall out with Bobby V, and a FB that was back down to low 90′s, he got bounced around, mainly spending most of the year in AAA.

    Not sure Aceves ever recovered physically from being abused like he was by Bobby V. If the Blue Jays don’t pick him up they are nuts though as he may have something left.

  16. DONNYBROOK March 27th, 2014 at 10:10 pm

    An agreement is an agreement. Beltran signed the contract knowing what would happen if he terminated Boras prior to the expiration date specified . Try to simply walking away from your cell phone contract Before it’s termination date. There is language in that contract that clearly states what you are agreeing to be subjected to, should you terminate the Service before it expires. No difference in these 2 contracts.

  17. chicken_stanley March 27th, 2014 at 10:12 pm

    Pat M: – if you’re out there… GO ANDERSON!

  18. Tar March 27th, 2014 at 10:18 pm

    “As should be obvious to the most casual observer, this is all original material. ”

    Haha…Thanks for the “all original” history lesson. :wink:

    Hey Luis !!

  19. bbb51 March 27th, 2014 at 10:25 pm

    Have to side with Boras also, a contract is a contract.

  20. sigiqaped March 27th, 2014 at 10:34 pm

    When is UNC’s Sweet 16 start time tomorrow?

  21. chicken_stanley March 27th, 2014 at 10:34 pm

    gonna hit the sack… Tar – I trust you’ll be rooting for the ACC tomorrow? :) Catch you all later

  22. blake March 27th, 2014 at 10:35 pm

    I still can’t get over that Cabrera deal…..

  23. Shame Spencer March 27th, 2014 at 10:36 pm

    Never thought I’d agree with Boras on anything… surely Beltran and Co. have a team of lawyers read over these contracts before signing them. They should be fully aware of all the caveats. If they didn’t like the terms they should have negotiated or found other representation without locking themselves in.

  24. Shame Spencer March 27th, 2014 at 10:38 pm

    blake – Every year people think they’ll stop giving out these types of deals…every year we’re blown away.

  25. Against All Odds March 27th, 2014 at 10:39 pm

    UpState March 27th, 2014 at 8:59 pm

    ————-

    True plus the game is faster and they do a better job at promoting their stars.

  26. J. Alfred Prufrock March 27th, 2014 at 10:40 pm

    primo, you still in here?

  27. Cashmoney March 27th, 2014 at 10:44 pm

    A new TMNT? Just saw the trailer, looks like a bust to me.

  28. Ys Guy March 27th, 2014 at 10:47 pm

    college basketball keeps playing after nobody wins the billion dollars!?!

    …what’s the point?

  29. luis March 27th, 2014 at 10:54 pm

    Sorry yes…I was doing some choirs….

    Hi Tar, whats up! ;)

  30. Tar March 27th, 2014 at 10:55 pm

    J alfred.. Thanks for the MLB channel tip…alas I got home to late.

    Chicken… I am a Wahoo for the duration. :D

  31. UpState March 27th, 2014 at 10:58 pm

    Against All Odds March 27th, 2014 at 10:39 pm
    UpState March 27th, 2014 at 8:59 pm

    ————-

    True plus the game is faster and they do a better job at promoting their stars.

    ====================

    Todays NFL Note : Ray Rice

  32. Against All Odds March 27th, 2014 at 11:00 pm

    UpState March 27th, 2014 at 10:58 pm
    Against All Odds March 27th, 2014 at 10:39 pm
    UpState March 27th, 2014 at 8:59 pm

    ————-

    True plus the game is faster and they do a better job at promoting their stars.

    ====================

    Todays NFL Note : Ray Rice

    ———————————-

    Which hasn’t received as much attention as it should. Maybe it will now that he has been indicted

  33. J. Alfred Prufrock March 27th, 2014 at 11:02 pm

    luis,

    Interesting piece on Dealin’ Dellin and his curve. Also, read about nail problem in 2012 (which probably helped to produce those outlier LDs and flyballs in a nightmare season):

    http://www.nj.com/yankees/inde.....eapon.html

    “Derek Jeter told Dellin after his bullpen session, ‘Hey that knuckle-curve is pretty vicious,’” Martinez recalled in a phone interview Monday. “‘If you get two strikes on somebody, it’s pretty much lights out.’”

  34. j9d March 27th, 2014 at 11:04 pm

    Dayton in elite 8. Beat Stanford by doubl digits. Bracket busters indeed.

  35. J. Alfred Prufrock March 27th, 2014 at 11:04 pm

    Tar, Do you subscribe to mlb.tv? I will probably watch the archive myself, just to watch Dellin again and watch C pitch. Very handy thing, that mlb.tv.

  36. Cashmoney March 27th, 2014 at 11:05 pm

    Hey Luis, I hope all is well with you, now that MLB season is about start I would imaging it will provide you with a pleasant diversion.

  37. J. Alfred Prufrock March 27th, 2014 at 11:05 pm

    primo,

    Doing some choirs, eh? You sing, too? :)

  38. luis March 27th, 2014 at 11:11 pm

    Thanks for the link JAP…Very good read…It seems that he is happy with his BP role..Still, what a waste..

    You know a few things that I needed to do ;)

    Hey Cashmoney,

    Yes..Hopefully I will have time for it ;) Then maybe not

  39. luis March 27th, 2014 at 11:15 pm

    I saw on tv that the NFL has added 2 more PS games?..I think it is already a very long PS, that’s two more weeks, which means that the SB will be played in February?

  40. J. Alfred Prufrock March 27th, 2014 at 11:18 pm

    primo, I think he’s happy to be in position to make the big club rather than go back to the minors, and he does seem to enjoy the adrenaline rush of coming out of the bullpen. He was disappointed, though, to have his starter career ended. We’ll see what happens in the future.

  41. J. Alfred Prufrock March 27th, 2014 at 11:19 pm

    Almonte just hit that opposite field double down the line. Man, he reminds me of Melky.

  42. Tar March 27th, 2014 at 11:21 pm

    J ALfred

    I haven’t re-upped MLB.tv yet. I have been so crazy busy that I haven’t had much time for anything. I have relied on Chad and some regulars like you to keep me up to date…so thanks :D

    Going to hit the sack..goodnight everyone.

  43. luis March 27th, 2014 at 11:23 pm

    I am going to bed..It has been a particularly long day..So I bid you all a very good night.

    Just a couple of thoughts:

    1) I wish Zoilo would get a job..Which means no Ichi-san…Not happening, that’s another waste…Bigdan had a good take as to why the Yankees need batters like him.

    2) Plenty of pitching depth…That’s always good to have…

    3) A young rotation makes this team worth watching..

    Good night guys

  44. luis March 27th, 2014 at 11:24 pm

    Tar,

    Get MLBtv…You need to watch baseball…Good night

  45. J. Alfred Prufrock March 27th, 2014 at 11:29 pm

    Goodnight, guys, I’m turning in too.

  46. Mark March 27th, 2014 at 11:30 pm

    “pete2 March 27th, 2014 at 9:38 pm
    Boras might want to get Arods lawyer.”

    Um, no. Certainly not those guys, whatever the merits of the case.

    With regard to Boras’ claim, it is interesting that a guy who’s job is defined by — and whose compensation depends upon — taking care of his clients’ first and foremost, has sued so many of them.

    You’d think he could afford to let those few who want to walk, walk. They’re not coming back anyway, and I’m not sure it shows his agency in the best light to all the other potential clients.

  47. j9d March 27th, 2014 at 11:39 pm

    March madness clearly not a pop topic on Lohud from what i have observed the past few weeks. Still fun to root for underdogs during flat part of ST.

  48. Eric in the ATL March 27th, 2014 at 11:43 pm

    “You’d think he could afford to let those few who want to walk, walk. They’re not coming back anyway, and I’m not sure it shows his agency in the best light to all the other potential clients.”

    Great point!

  49. pete2 March 27th, 2014 at 11:54 pm

    “You’d think he could afford to let those few who want to walk, walk. They’re not coming back anyway, and I’m not sure it shows his agency in the best light to all the other potential clients.”

    All clients have the opportunity to walk every year. It’s an annual deal. At the end of the year the player finds another agent or renews. Simple.

    If potential clients worry about meeting their contractual obligations, those are clients Boras does not need.

  50. pete2 March 27th, 2014 at 11:56 pm

    ” blake March 27th, 2014 at 10:35 pm

    I still can’t get over that Cabrera deal…..”

    An overweight boozer gets 10/300. I think the Tigers would have been better off with signing Cano to 10/240, it has less of a chance of being an albatross

    Miggy’s great now, but not sure he ages well.

  51. SweetSpot March 27th, 2014 at 11:57 pm

    This isn’t even a close one, Boras is 100% right. The player signs a contract and agrees to the terms. If you don’t like the terms, don’t sign it.

  52. pete2 March 28th, 2014 at 1:32 am

    SweetSpot March 27th, 2014 at 11:57 pm

    This isn’t even a close one, Boras is 100% right. The player signs a contract and agrees to the terms. If you don’t like the terms, don’t sign it.
    ======================

    The question is, again, what world is the arbitrator living in. If MLBPA has a regulation, how is it that agents like Boras don’t know about it, and is a secret
    regulation of a 3rd party carry more weight than a contract between 2 parties, one of whom happens to be a member.

    MLBPA does certify player-agents under their regulations, so perhaps the arbitrator is simply saying whatever the MLBPA decides is Ok and agents must follow or move on.

    However, while on the surface the ruling seems to favor players, I can see it hurting them in the end as the weakness in the player-agent relationship is something MLB owners can exploit, and agents may also cut back on services
    and be afraid to try to get the maximum dollar for their player for fears they may bolt when they get anxious.

    Lets see if Drew and Morales exploit this. If they do they most likely settle for less money than Boras would get them in the end.

  53. NYY_Girl_Penny March 28th, 2014 at 1:39 am

    Can someone tell me what Solarte and Almonte’s natural positions are? I know they are versatile and can play a lot of positions but I haven’t followed much ball yet this spring and don’t know these guys other than that they seem good players this ST.

    Any chance we can have both them in the IF ? meaning 2B / 3B also SS if Jeter needs rest but I mean more full-time roles at 3B or 2B.

    Thoughts?

    oh and I have to say Tex is just brutal, he needs to be batting 9th and work his way up. He can’t hit a friggin single baseball with his 0.91.. and his comments about him being back to “anchor the lineup” is just frustrating. someone tell him to just be quiet, don’t talk.. let actions / performance speak for him. What a bust.

  54. NYY_Girl_Penny March 28th, 2014 at 1:52 am

    My friend just said, “Arod is going to help the yankees more this season by being suspended then Tex will by playing”, too funny! but quite possibly true. Tex is pathetic.

  55. pete2 March 28th, 2014 at 2:27 am

    ” NYY_Girl_Penny March 28th, 2014 at 1:52 am

    My friend just said, “Arod is going to help the yankees more this season by being suspended then Tex will by playing”, too funny! but quite possibly true. Tex is pathetic.”
    ————————-

    Actually, the team might be better if Arod were playing and Tex was suspended. They could then sign Kendry Morales for 1B. Johnson can move to 2B.

    Tex is usually terrible until June. The worry is he stays that way all season long due to the wrist. I do think he should bat 6th or 7th until he shows signs of life.

  56. jmills March 28th, 2014 at 6:29 am

    Strange dream. I just told someone I’d never met that Saturday mornings were for coffee and, Dustin McGowan. Anywho, they should be so lucky to be so gently nudged, can you imagine getting well into your adult life and having remained largely ignorant of baseball? Sad.

  57. Terrekain March 28th, 2014 at 6:32 am

    So Beltran signed a contract, broke it because he felt he could get away with it, and got away with it.

    The contract became “unenforceable” because teh judge decided he didn’t want to enforce it.

    I can imagine what this kind of rationale has on any law, if a judge decides “I am the law” and the law is whatever he says it is.

  58. Terrekain March 28th, 2014 at 6:43 am

    As Pete2 described, this is a simple case of nepotism/corruption on the part of the judge.

    I think the last thing the majority of the players in the MLB want is the corrosive business environment of the NFL, where a contract is worth the price of the paper you wipe your ass with.

    At base, though, this is specifically about the business environment of the Latino-Black community which is extortionist, not mercantilist or mutualist, in nature. In the micro-context, Boras deserves a loss in the neutral sense because he should have protected himself from a dishonourable client, as Beltran is, who is apparently cashing out his reputation for short term benefit.

    I can say for certain that Beltran, as well as his associates and family, will be black-listed for this – even by those who don’t like Boras. He’ll want to take his money and stash it under his mattress, because I can tell you that he won’t as many reputable people to handle his money now that the honourable businessmen know to avoid him.

  59. blake March 28th, 2014 at 7:09 am

    Actually, the team might be better if Arod were playing and Tex was suspended. They could then sign Kendry Morales for 1B. Johnson can move to 2B.”

    Probably yes

  60. Ys Guy March 28th, 2014 at 7:34 am

    im gonna stick with my prediction that nunez ends up starting more games at 3b than johnson .

  61. Doreen March 28th, 2014 at 7:40 am

    What is the sense of having a contract if you can break it at will without penalty? Unless Beltran could show that Boras did absolutely no work on Beltran’s behalf, I am not understanding this ruling, since the language in the signed contract seems clear. The only other thing I could think of is Beltran wanted Boras to proceed in a certain way and Boras did not – in which case, I guess Beltran could argue that Boras wasn’t fulfilling his end.

    In any event, you would hope that this is something that is dealt with on a case-by-case basis.

  62. blake March 28th, 2014 at 7:42 am

    Ys Guy says:
    March 28, 2014 at 7:34 am
    im gonna stick with my prediction that nunez ends up starting more games at 3b than johnson .

    I hope somebody else starts more games than both of them

  63. pat March 28th, 2014 at 7:43 am

    Expected to be in new JDA…. players suspended in season would be ineligible for postseason play even if their suspension had already been served.

  64. Shame Spencer March 28th, 2014 at 7:53 am

    pat – I was just reading about that.. If they agree to that I’d be shocked.

    I like Tony a lot but what qualifications does e have in terms of running a union other than being a former member of one? I’m asking genuinely. Were they grooming him?

  65. trisha - true pinstriped blue March 28th, 2014 at 7:55 am

    As much as I can’t stand Boras and love Beltran, Boras is right. You don’t summarily invalidate what’s in a contract. I hope that Boras takes this further. I see why Dyas was fire by MLB.

    “With regard to Boras’ claim, it is interesting that a guy who’s job is defined by — and whose compensation depends upon — taking care of his clients’ first and foremost, has sued so many of them.

    You’d think he could afford to let those few who want to walk, walk. They’re not coming back anyway, and I’m not sure it shows his agency in the best light to all the other potential clients.”

    His job is defined by both parties abiding by whatever is contractually agreed upon. The last thing he can afford to do, if you will, is let anyone walk from what is contractually agreed upon because then he sets a dangerous precedent, and that is allowing some similarly situated client to complain that he shouldn’t have to abide by the same situation since Boras has shown by his behavior that the language was intended to be permissive rather than mandatory.

  66. Shame Spencer March 28th, 2014 at 7:57 am

    Doreen – Common folks like us could be held accountable for hitting the ‘agree’ button on random terms of service for programs we download lol… This seems wrong. Like pete I’m confused as to what role MLBPA plays here… Because this seems like an easy ruling in a higher/real court of law.

  67. blake March 28th, 2014 at 7:58 am

    pat says:
    March 28, 2014 at 7:43 am
    Expected to be in new JDA…. players suspended in season would be ineligible for postseason play even if their suspension had already been served.

    This is ridiculous …..does this include the 25 game accidental one?

  68. Ys Guy March 28th, 2014 at 7:59 am

    ill be shocked if they allow suspended players to play in the PS.

    this is the non PED players (and some posers hiding among them im sure) taking over and i think they will definitely keep suspended players out of the PS.

    to some extent this is revenge against arod. they’re closing the loophole that got him $3M this season and they didnt like the idea of him being eligible for the PS had the yankees made it last season.

  69. Shame Spencer March 28th, 2014 at 8:00 am

    trisha – Even the players arguments presented are very, very flimsy. Like Beltran points out Boras tries to swipe other peoples’ clients…..and?! They’d have a hard time pleading ignorance too, since they can all afford to have these things reviewed by veteran legal teams.

  70. trisha - true pinstriped blue March 28th, 2014 at 8:01 am

    And the bottom line is that if you don’t like what’s in a contract you don’t sign it. Beltran was fine with Boras getting him more money likely than another agent would have gotten because Boras is known to be a piranha, but now that he tired of him, he feels he can cherry pick what was in his contract because he got tired of Boras. It’s plain wrong – and illegal.

  71. Shame Spencer March 28th, 2014 at 8:01 am

    Ys Guy says:
    March 28, 2014 at 7:59 am
    ill be shocked if they allow suspended players to play in the PS.

    —————-

    But you see how it creates uneven suspensions..?

  72. trisha - true pinstriped blue March 28th, 2014 at 8:03 am

    “Like Beltran points out Boras tries to swipe other peoples’ clients…..and?! They’d have a hard time pleading ignorance too, since they can all afford to have these things reviewed by veteran legal teams”

    Shame – Beltran has no standing to legally claim anything about what Boras does about other clients, since he is personally not affected by it. So whether or not it is true, it has nothing to do with the case at hand.

  73. Shame Spencer March 28th, 2014 at 8:04 am

    I wonder if MLB through the years has looked over at the NFLPA and thought “that’s the type of toothless governing body we want to work with!”

  74. blake March 28th, 2014 at 8:07 am

    “I wonder if MLB through the years has looked over at the NFLPA and thought “that’s the type of toothless governing body we want to work with!””

    seriously…..it’s amazing how the NFL players allow themselves to be screwed the way they are. They should strike……I’m not joking….they won’t but they should.

  75. blake March 28th, 2014 at 8:07 am

    so all I have to do is anonymously send some gummies to David Oritz’s house and he’s banned from the post season?

  76. Ys Guy March 28th, 2014 at 8:08 am

    id say the players who are driving this dont really care about being fair to suspended players. they want cheaters hit hard and if that creates unevenness in suspensions, too bad, you shouldn’t have been doing PED’s anyway.

    when melky got a suspension that ended just before the PS, the giants voted not to allow him onto the PS roster didnt they? i think alot of players were very angry that arod would have been able to play in last year’s PS when it was crystal clear that he was a serial cheater.

  77. pat March 28th, 2014 at 8:09 am

    If the suspension had yet to be completed I understand not being PS eligible but a guy gets suspended for 80 games, finishes the suspension in July and then isn’t PS eligible?

    Clark seems more interested in consensus building than protecting the players- even if it is from themselves.

  78. Shame Spencer March 28th, 2014 at 8:10 am

    The players didn’t vote for anything, that was a team decision.

    Why not just get tougher testing….???!!

  79. Ys Guy March 28th, 2014 at 8:11 am

    “blake March 28th, 2014 at 8:07 am
    so all I have to do is anonymously send some gummies to David Oritz’s house and he’s banned from the post season?”
    ——————————————
    up till now you could theoretically have done the same thing and had him suspended for 50 games and cost him $5M+ or so, so extending that to the PS isnt that much of a change. Although I think it would be more likely to put you in prison that get ortiz suspended.

  80. Ys Guy March 28th, 2014 at 8:12 am

    they are. they are supposed to be going to isotope testing which is supposed to be far more accurate. i think that is the real reason this is even being discussed.

  81. blake March 28th, 2014 at 8:13 am

    “up till now you could theoretically have done the same thing and had him suspended for 50 games and cost him $5M+ or so, so extending that to the PS isnt that much of a change. Although I think it would be more likely to put you in prison that get ortiz suspended.”

    interesting…..decisions decisions.

  82. Ys Guy March 28th, 2014 at 8:14 am

    if melky’s teammates voted not to allow him on the team for the PS that shows you that even teammates sentiment is that ped players on their own team shouldnt be in the playoffs. so it stands to reason that the majority will not want other players on other teams playing in the PS

  83. Doreen March 28th, 2014 at 8:15 am

    Blake,

    Wouldn’t he have to accidentally eat them???

  84. trisha - true pinstriped blue March 28th, 2014 at 8:16 am

    “They’d have a hard time pleading ignorance too, since they can all afford to have these things reviewed by veteran legal teams.”

    You’re absolutely right.

  85. Terrekain March 28th, 2014 at 8:18 am

    Trisha, agreed.

    Of course, at the fundamental level, this is a matter of two (actually a faceted) business cultures.

    Jay-Z and most recently, Beltran, are a part of the culture where leverage is not a matter of honor or reputation, but a matter of how badly you can screw over the other person. Again, this is an extortionist’s perception of business, not a mercantile one. So the idea that “it’s plain wrong” doesn’t really register to people like that.

    Of course, in the long term, business cultures like that operate the way they do for a reason. It’s the culture of banditry and sloth; you find it often in any cultures sub-strata, people who are used to cheating, stealing, and living by a thieve’s code-of-conduct. At base, these people learn to act as they do because they don’t really have much to bargain with…they very often MUST steal and thieve in order to survive.

    You won’t see it in a rich culture like those communities who grow crops that can feed entire cities, that can design and engineer widgets and gadgets that can explore Mars, or that can can perform life-saving surgeries. These communities have social capital; they are valuable, they have something to bargain with.

    These valuable communities have stuff the thieving community wants. So Beltran has self-identified himself as having the culture of the latter rather than the former. Businessmen don’t operate by money alone. When you wheel and deal in any market – and the wider global market – the greatest currency a man has is his reputation.

    Anybody of true wealth understands this.

    It’s the poor and the low-class who don’t.

  86. pat March 28th, 2014 at 8:18 am

    Did Melkys teammate get the vote or was keeping him from postseason play a front office decision? Did the players vote him a WS share?

  87. Yankee Trader March 28th, 2014 at 8:18 am

    Good morning

    Maybe it was your conditioning after having elbow surgery to clean out debris.

    Brendan Kuty/NJ.com March 27, 2014 at 4:46:00 PM EDT

    BRADENTON, Fla. — Yankees pitcher CC Sabathia said he was privately worried at the start of last season that he wouldn’t be the ace he’d been, and that his considerable weight loss was at least partially to blame.

    “Yeah, of course,” Sabathia said after the Yankees’ 4-2 win over the Pirates Thursday. “I didn’t know the weight loss was going to affect me that much. There were just some games that I was short. I didn’t have the stuff, you know. It was frustrating.”

    Manager Joe Girardi said that Sabathia’s early 2013 concerns were news to the Yankees.

    “No,” the manager said. “Never said that to us.”

  88. Ys Guy March 28th, 2014 at 8:22 am

    recieving peds is a violation of the cba. jason grimsley got caught recieving them in the mail and then spilled the beans on alot of people. i believe they have to prove that you ordered them or had something to do with them being sent to you though.

  89. pat March 28th, 2014 at 8:22 am

    Boras hasn’t sued Alex or Tex so they must have made good on his fees.

  90. Ys Guy March 28th, 2014 at 8:23 am

    confidence is extremly important to a pitcher and im really glad cc is confident. i dont buy that his problems are over, but if he thinks they are, that will help him overcome them.

  91. blake March 28th, 2014 at 8:30 am

    “Wouldn’t he have to accidentally eat them???”

    oh don’t worry about that…..he’s already eating them by the box load most likely. I just have to get the evidence to sufficiently prove it.

  92. MTU March 28th, 2014 at 8:34 am

    YT-

    That is why relying on personal reports is not wise IMO.

    Players hide injuries or problems for various reasons.

    Making use of as much scientific measurement of strength, etc. reduces the importance of what the player choses to reveal.

    ;)

  93. Ys Guy March 28th, 2014 at 8:35 am

    yankees have to beat up on houston. there are no must wins in april but if you’re not beating on houston when you play them, you’re giving away games in the standings that will be hard to make up.

  94. MTU March 28th, 2014 at 8:36 am

    CC has made the necessary adjustments.

    AP version 2.0

    :)

  95. blake March 28th, 2014 at 8:42 am

    That cutter does seem to be helping CC…..I watched him yesterday and he just seems a lot more secure in his stuff. Last year he sorta looked like he didn’t really know what to do……he was like….well normally I’d throw a fastball here but now I can’t throw it by the guy so I don’t know what to throw. This year he has a better feel for his stuff and how to control bat speed with it.

    As I have said all along…..CC’s days of being the stud ace he used to be are likely over……but that doesn’t mean he can’t still be really good and a valuable asset to the rotation. He just has to adjust to what he is now……but with his height and the angle he should be able to create then he still should be able to get outs consistently…..him bouncing back to say a capable solid #3 starter would be a huge boost…..and I think he will do just that.

  96. trisha - true pinstriped blue March 28th, 2014 at 8:43 am

    Terrekain – you bring up an interesting point. The fly in the ointment is that Beltran, by dint of what he earns, is technically no longer part of that other community. Courts certainly have found contracts unenforceable in the past, but it is with good reason. One reason which has been pled by the little guy is unconscionability, but for that to happen, a court has to find that it’s really a lopsided situation. As Shame pointed out, players can certainly afford to have legal teams review their contracts and advise them accordingly.

  97. MTU March 28th, 2014 at 8:47 am

    CC is lucky he had AP around to show him the way.

    Much like Tanaka is fortunate to have Kuroda to grease the skids for him.

    No need to re-invent the wheel.

    ;)

  98. Shame Spencer March 28th, 2014 at 8:48 am

    CC has looked better.. but was it pete that pointed out he couldn’t help but notice he’d only been pitching against NL teams? I don’t think it’s a huge difference or red flag or anything – it could very well just be strategic – but it’s something to consider I guess.

  99. MTU March 28th, 2014 at 8:49 am

    I’ll take a pitcher over a thrower 7 days a week and twice on Sunday.

    ;)

  100. Shame Spencer March 28th, 2014 at 8:50 am

    Does Boras have the opportunity to appeal this in a higher court? Honestly his case would be pretty good. It’s all there in black and white. All Beltran is saying is that Scott didn’t do anything to get him the contract he wants 5% of…. but that’s a part of the agreement he signed, so whatever work his agent did or didn’t do is completely irrelevant.

  101. MTU March 28th, 2014 at 8:52 am

    Shame-

    W/o receiving “consideration” I would think a contract is pretty meaningless.

    ;)

  102. Russell Munson March 28th, 2014 at 8:53 am

    “Boras hasn’t sued Alex or Tex so they must have made good on his fees.”

    Actually, they both switched from Boras after they got their contracts, so he got his cut and had no need to sue either.

  103. Shame Spencer March 28th, 2014 at 8:54 am

    Guys listen…. I know this is a baseball blog and we’re not supposed to talk politics but I’m very worried about military dolphins with lasers on their fins.

  104. MTU March 28th, 2014 at 8:55 am

    Shame-

    Micro drones are much worse.

    :(

  105. MTU March 28th, 2014 at 8:56 am

    And the exotic new ice cream flavors.

  106. Shame Spencer March 28th, 2014 at 8:56 am

    ?@VanityFair In case you missed it: Ukraine’s military dolphins have switched their allegiance to Russia http://vnty.fr/1g3MFv6

  107. Shame Spencer March 28th, 2014 at 8:57 am

    MTU March 28th, 2014 at 8:56 am
    And the exotic new ice cream flavors.

    ——————

    :lol:

    Cracking up right now!!

  108. trisha - true pinstriped blue March 28th, 2014 at 9:00 am

    Shame, I would think this would be one of the types of cases that a court would take. Courts typically won’t mess with arbitration rulings unless there is some gross miscarriage of justice. I’d say upholding a flagrant breach of contract would be considered one. (Judgments can be set aside by courts for arbitrator bias or violation of public policy.)

    Sorry if I’m not terribly articulate. This is my worst time of day.

  109. trisha - true pinstriped blue March 28th, 2014 at 9:02 am

    “All Beltran is saying is that Scott didn’t do anything to get him the contract he wants 5% of…. but that’s a part of the agreement he signed, so whatever work his agent did or didn’t do is completely irrelevant.”

    Yup.

  110. blake March 28th, 2014 at 9:03 am

    I have become obsessed with Iron Chef……I had never really watched it before until the other day.

  111. MTU March 28th, 2014 at 9:09 am

    Blake-

    They don’t hold a candle to you.

    ;)

  112. Yankee Trader March 28th, 2014 at 9:09 am

    There are tapes, books, articles about how to increase velocity. What is the most important determinant? Increasing arm strength, developing core, lower body strength, stride?

    Just asking.

    Couldn’t CC , with some tweaking of his mechanics and changes in conditioning, obtain increased velocity.

    Inquiring minds want to know from those of you who have pitched before. I was a pitcher, but it was whiffle ball! :)

  113. MTU March 28th, 2014 at 9:10 am

    New one ———->

  114. Yankee Trader March 28th, 2014 at 9:10 am

    New Post—->

  115. tbone1570 March 28th, 2014 at 9:27 am

    Shame Spencer March 28th, 2014 at 8:50 am

    Does Boras have the opportunity to appeal this in a higher court? Honestly his case would be pretty good. It’s all there in black and white. All Beltran is saying is that Scott didn’t do anything to get him the contract he wants 5% of

    ******************
    Boras did nothing to get Beltran the contraqct with the Cards. Dan Lozano negotiated the 2 year/$26 million deal and Boras wants the commission from that contract!

  116. Terrekain March 28th, 2014 at 9:37 am

    Trisha,

    Not quite.

    And as I said there are different facets to the business community, actually the economic stratum we all inhabit.

    Wealth is not a matter of money.

    There are wealthy people in Africa for example, like Sani Abacha, far richer than Carlos Beltran. They even get wined and dined by American political elite looking for under-the-table kickbacks and campaign contributions and favors.

    But that does not mean he will be welcomed by the likes of Bill Gates and Jeff Bezos. Nor will David Tepper likely be willing to help him grow his portfolio.

    You see, “wealth” is not the same as having a lot of money. And just because you became rich by learning how to hit a ball 400 feet from the plate, doesn’t mean you and your family will stay rich for long.

    Here’s a simple example: Wealthy people don’t use dollars, or paper currencies, to measure their “riches”. As a wealthy person, if you were looking for a doctor on-the-spot to perform heart surgery on your ailing father, how would you do it?

    Do you think offering millions of dollars in bounty would buy you that most-valuable of services?

    Don’t be ridiculous.

    You can’t pay a doctor enough do do that surgery. How do you know he has the faculties and access to the facilities? The staff? The schedule? The supplies and resources, leaving aside all the necessary pre-diagnostics? I’m not talking about the formal bureaucracy and paperwork, that stuff is done only to protect the doctor from trash clients and swindlers – of which Beltran might be one – and by the way, your father is losing time.

    The truth is, you can’t pay a doctor enough, at our level of society.

    He doesn’t care how much you make.

    He cares about his reputation – and your’s.

    It’s not about “How much money you’re making”.

    People in this strata of society – of which the qualifications to enter is not money – often use dollars or other currencies in their daily lives. Their word, their reputations, are far more reliable, far more valuable than any paper currency.

    There are doctors, engineers, military, industrialists, agriculturalists, financiers and company executives like Bill Gates who eat at restaurants all over the world for free, some “gold-plated”, most not, but all fine establishments. But not in fact for “free” because their businesses and services contribute to the overall economy in such obvious ways which trickle down to the restaurant owner that it would be laughable for the restaurant to charge them; they just give them a “membership” and hope they keep coming back and eat for “free”. A few years down the road, that restaurant owner might need advice about investing from the executive, getting someone he treasures out of a foreign hot-spot from a Military liaison, an operation from the medical engineer’s hospital, etc. If not him, then his children or his grandchildren.

    This is the true face of “wealth”.

    It is interconnected.

    It is multi-generational.

    What is “wealth”, after all, but the services and goods provided by wealthy people in a wealthy community, people of true ability and knowledge.

    Money is just paper.

    And most transactions in the world of the wealthy don’t use money at all. The vast majority of Bill Gates’ riches are not in dollars, just “valued” as such for kicks and giggles for readers of Forbes web magazines.

    This is the world that has gotten a little harder for Carlos Beltran to peek into.

    Beltran’s actions mean, at the very least, that he or his proxies will have to explain their behavior, because nobody in this network is going to risk their reputations for a low-life. How does the doctor know that Beltran isn’t going to sue him for malpractice years down the road for some “phantom” injury against his father using a frivolous lawsuit? Will Beltran become a respectable member of society? (very important question) Will his children? (even more important question) Will his friends?

    For those who don’t understand the importance of these questions, don’t bother trying to be wealthy, or even rich. Even if you become the latter through some accident like the lottery, you’ll have a hard time becoming the former, and you likely won’t remain the latter for long – certainly your children and grandchildren won’t be.

    Beltran’s future just got dimmer.

    And if he’s too poor and ignorant to realize it, he has nobody to blame but himself.

  117. Terrekain March 28th, 2014 at 9:39 am

    Often *don’t* use dollars in their daily lives.

  118. Terrekain March 28th, 2014 at 9:43 am

    “Money is just paper”

    Well, most money is a memory state changed by a diffusive electrons, but I digress.

  119. Terrekain March 28th, 2014 at 9:56 am

    I should also make a note.

    By the same reckoning, not all rich people are wealthy.

    I would say, in fact, that the vast majority of wealthy are not “rich”.

    There are entire cultures of people in America, for example, who don’t earn so much as a dollar a day, but are far more prosperous and industrious than people who drive Corvettes and drink Starbucks coffee, earning 6 figures annually.

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