Major League Baseball (MLB) has terminated the contract of “independent” arbitrator Shyam Das. The firing comes three months after Das outraged MLB officials and the entire anti-doping community with a controversial ruling in the Milwaukee Brewers’ Ryan Braun steroid case. On February 23, 2012, Das overturned Braun’s suspension due to a violation MLB’s specimen collection protocol.
Braun tested positive for the anabolic steroid testosterone. He initially failed the elevated testosterone-epitestosterone (T:E) ratio screen. It was subsequently confirmed with a carbon isotope ratio (CIR) test at the WADA-accredited laboratory in Montreal. However, “independent” arbitrator overturned the 50-game suspension on a technicality. Braun’s attorneys argued that the procedures for sample storage outlined in the Major League Baseball’s Joint Drug Prevention and Treatment Program were not followed. Braun was technically correct and Das ruled in his favor.
The manner in which Braun’s sample was stored was only significant since it did not appear to follow ambiguous language outline in MLB’s specimen collection protocol. It would not likely have significantly affected the outcome of the test. Because of this, anti-doping officials were angered that they were able to obtain solid evidence of a steroid violation but they were unable to use it to sanction an athlete.
World Anti-Doping Agency (WADA), United States Anti-Doping Agency (USADA) and Comprehensive Drug Testing (CDT) all went on record to defend MLB’s collection procedures in the Ryan Braun steroid case.
Rob Manfred, MLB’s executive vice president of labor relations and human resources, was also reportedly livid at Das’ decision to overturn Braun’s suspension. He strongly defended the validity of the positive steroid test results shortly after Braun’s suspension was overturned.
“The arbitrator found that those instructions were not consistent with certain language in our program, even though the instructions were identical to those used by many other drug programs — including the other professional sports and the World Anti-Doping Agency,” according to Manfred. “Our program is not ‘fatally flawed.’ Changes will be made promptly to clarify the instructions provided to collectors regarding when samples should be delivered to FedEx based on the arbitrator’s decision. Neither Mr. Braun nor the MLBPA contended in the grievance that his sample had been tampered with or produced any evidence of tampering.”
“Independent” arbitrators employed by Major League Baseball (MLB) can be fired at any time with written notice. MLB’s decision to fire Das sends a loud and clear signal to any future “independent” arbitrators: your job security is dependent on providing rulings that make MLB’ steroid policy look like one of the highest quality steroid testing programs in the world. Anything that hurts the public relations for MLB will not be tolerated.
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Source:
Okeeffe, M. & Red, C. (May 14, 2012). Major League Baseball fires arbitrator who ruled for Milwaukee Brewers’ Ryan Braun. Retrieved from http://www.nydailynews.com/sports/baseball/major-league-baseball-fires-arbitrator-ruled-milwaukee-brrwers-ryan-braun-article-1.1078242
