Fehr and Selig to Begin Talks on Mitchell Report
By DUFF WILSON and MICHAEL S. SCHMIDT
Published: December 19, 2007
Donald Fehr, the head of the baseball players union, and Commissioner Bud Selig have agreed to discuss recommendations from the Mitchell report, a move that could lead to a third reopening of the collective bargaining agreement since 2005 in an ongoing bid to crack down on the use of performance-enhancing drugs.
In an effort to start the dialogue, Selig sent a letter Friday and Fehr responded Monday. Neither side would release the letters. Fehr said the earliest negotiations probably could start was after Jan. 1.
“Bud and I have had some communication about this, and we will be talking with our players about how to discuss the issues at hand,” Fehr said in a telephone interview.
Rob Manfred, baseball’s executive vice president for labor relations, said in a telephone interview, “There was an exchange of letters and both parties seem amenable to having a dialogue.”
If the collective bargaining contract is reopened, it would be the third time the union and Major League Baseball have made such a move just before a Congressional hearing related to drug use in baseball was either pending or had just occurred. The first Congressional hearing on the Mitchell report is scheduled for Jan. 15.
Former Senator George J. Mitchell issued a 400-page report last Thursday. He made 20 recommendations after a 20-month investigation that identified about 90 players who had used steroids or human growth hormone. Mitchell held the commissioner, team officials, the union and players responsible for what he called “the steroids era” in baseball.
His key recommendation was to create a stronger, more independent and transparent drug-testing program that could implement “best practices” as drug-testing improves in the future. Points to negotiate would be who runs the program, what tests are used and whether to include H.G.H. testing.
“I am not sure what any of our positions will be on the specific recommendations, and I am not able to publicly comment on any of them yet,” Fehr said. “Like any matter, we will consult with players before engaging in any discussions.”
The current labor agreement began a year ago and expires at the end of 2011.
Major League Baseball has already said it will make several changes proposed by the report that it does not believe requires the consent of the union.
The changes include:
¶Baseball will create a Department of Investigations to look into reports of drug use by players who have not tested positive.
¶Clubhouse attendants will be subjected to background checks and random drug testing, and packages received at ballparks will be logged.
¶A hot line to report alleged steroid and H.G.H. use will be created and more funding will be dedicated to developing a urine test for H.G.H, a substance for which no commercially available test now exists.
At a luncheon in Cleveland on Tuesday, Selig did not specifically address reopening the collective bargaining agreement, but last week he said he wanted to work with the union to implement the recommendations in the report.
“I have read it and reread it now,” Selig said. “Obviously I have lived all this. I think for the time being, while I am studying and analyzing things, I am not going to say much.”
He added: “The things I can do unilaterally I have done and will continue to do those. And I think the recommendations the senator made are reasonable.”
The Mitchell report said that the precise nature of a more independent testing program should be negotiated by the union and management. They could set up an independent nonprofit corporation to run the program, the report said.
“Whatever form they choose, the independent program administrator should hold exclusive authority over all aspects of the formulation and administration of the program,” Mitchell wrote.
That is likely to be subject to careful negotiation because the union has always insisted that the formulation of any drug-testing program is subject to collective bargaining.
The report said that any drug-testing program “should be flexible enough to employ best practices as they develop.” That notion may be contentious if either side wants to negotiate changes in the program rather than simply having a broad statement that allows an administrator to employ new practices. Future best practices could include tests for H.G.H., which is currently undetectable with standard tests.
Two Congressional committees have called hearings for next month to ask baseball and the union what they are doing to attack performance-enhancing drugs in baseball.
The collective bargaining agreement was reopened twice before in response to Congressional pressure over drugs in baseball.
In 2005, as a Congressional hearing approached, Selig and Fehr reopened the agreement to toughen penalties so that a first offense drew a 10-day suspension and public identification.
In the hearing that March, Selig and Fehr were both sharply criticized, and the former slugger Mark McGwire declined to answer repeated questions about steroid use.
Shortly afterward, Selig wrote Fehr to ask for a tougher steroids policy, one that would employ the “three strikes and you’re out” approach, with a 50-game suspension for a first offense, 100 games for a second offense and a permanent ban for a third offense. Fehr and the union approved the policy in December 2005, making it part of the collective bargaining agreement.
At the same time, the union also agreed to a ban on amphetamines for the first time.
In the report, Mitchell put blame on the union for long blocking progress on a strong drug-testing policy. Union officials said they had agreed to every reasonable plan the commissioner had brought to the bargaining table.
Duff Wilson reported from New York, and Michael S. Schmidt from Cleveland.
News source：http://www.nytimes.com/2007/12/19/sports/baseball/19mitchell.html?_r=1&ref=baseball&oref=slogin
Donald Fehr, the head of the baseball players union, and Commissioner Bud Selig have agreed to discuss recommendations from the Mitchell report, a move that could lead to a third reopening of the collective bargaining agreement since 2005 in an ongoing bid to crack down on the use of performance-enhancing drugs.
In an effort to start the dialogue, Selig sent a letter Friday and Fehr responded Monday. Neither side would release the letters. Fehr said the earliest negotiations probably could start was after Jan. 1.
“Bud and I have had some communication about this, and we will be talking with our players about how to discuss the issues at hand,” Fehr said in a telephone interview.
Rob Manfred, baseball’s executive vice president for labor relations, said in a telephone interview, “There was an exchange of letters and both parties seem amenable to having a dialogue.”
If the collective bargaining contract is reopened, it would be the third time the union and Major League Baseball have made such a move just before a Congressional hearing related to drug use in baseball was either pending or had just occurred. The first Congressional hearing on the Mitchell report is scheduled for Jan. 15.
Former Senator George J. Mitchell issued a 400-page report last Thursday. He made 20 recommendations after a 20-month investigation that identified about 90 players who had used steroids or human growth hormone. Mitchell held the commissioner, team officials, the union and players responsible for what he called “the steroids era” in baseball.
His key recommendation was to create a stronger, more independent and transparent drug-testing program that could implement “best practices” as drug-testing improves in the future. Points to negotiate would be who runs the program, what tests are used and whether to include H.G.H. testing.
“I am not sure what any of our positions will be on the specific recommendations, and I am not able to publicly comment on any of them yet,” Fehr said. “Like any matter, we will consult with players before engaging in any discussions.”
The current labor agreement began a year ago and expires at the end of 2011.
Major League Baseball has already said it will make several changes proposed by the report that it does not believe requires the consent of the union.
The changes include:
¶Baseball will create a Department of Investigations to look into reports of drug use by players who have not tested positive.
¶Clubhouse attendants will be subjected to background checks and random drug testing, and packages received at ballparks will be logged.
¶A hot line to report alleged steroid and H.G.H. use will be created and more funding will be dedicated to developing a urine test for H.G.H, a substance for which no commercially available test now exists.
At a luncheon in Cleveland on Tuesday, Selig did not specifically address reopening the collective bargaining agreement, but last week he said he wanted to work with the union to implement the recommendations in the report.
“I have read it and reread it now,” Selig said. “Obviously I have lived all this. I think for the time being, while I am studying and analyzing things, I am not going to say much.”
He added: “The things I can do unilaterally I have done and will continue to do those. And I think the recommendations the senator made are reasonable.”
The Mitchell report said that the precise nature of a more independent testing program should be negotiated by the union and management. They could set up an independent nonprofit corporation to run the program, the report said.
“Whatever form they choose, the independent program administrator should hold exclusive authority over all aspects of the formulation and administration of the program,” Mitchell wrote.
That is likely to be subject to careful negotiation because the union has always insisted that the formulation of any drug-testing program is subject to collective bargaining.
The report said that any drug-testing program “should be flexible enough to employ best practices as they develop.” That notion may be contentious if either side wants to negotiate changes in the program rather than simply having a broad statement that allows an administrator to employ new practices. Future best practices could include tests for H.G.H., which is currently undetectable with standard tests.
Two Congressional committees have called hearings for next month to ask baseball and the union what they are doing to attack performance-enhancing drugs in baseball.
The collective bargaining agreement was reopened twice before in response to Congressional pressure over drugs in baseball.
In 2005, as a Congressional hearing approached, Selig and Fehr reopened the agreement to toughen penalties so that a first offense drew a 10-day suspension and public identification.
In the hearing that March, Selig and Fehr were both sharply criticized, and the former slugger Mark McGwire declined to answer repeated questions about steroid use.
Shortly afterward, Selig wrote Fehr to ask for a tougher steroids policy, one that would employ the “three strikes and you’re out” approach, with a 50-game suspension for a first offense, 100 games for a second offense and a permanent ban for a third offense. Fehr and the union approved the policy in December 2005, making it part of the collective bargaining agreement.
At the same time, the union also agreed to a ban on amphetamines for the first time.
In the report, Mitchell put blame on the union for long blocking progress on a strong drug-testing policy. Union officials said they had agreed to every reasonable plan the commissioner had brought to the bargaining table.
Duff Wilson reported from New York, and Michael S. Schmidt from Cleveland.
News source：http://www.nytimes.com/2007/12/19/sports/baseball/19mitchell.html?_r=1&ref=baseball&oref=slogin
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