Feb 29, 2012, 8:08 AM EST
I was busy fighting crime yesterday afternoon when the sample collector from L’affaire Braun offered his statement. After that a bunch of people emailed me with some variation of “Ah-ha! Braun is a dirty stinkin’ lying cheater and the arbitrator was in the bag for him! Apologize now.”
OK, maybe the emails weren’t quite so extreme, but they were close. And they’re right about one thing: the statement of the collector does call for some response. Here’s my response: Well, OK.
I say “well, OK,” because I’m not sure what else can be said. On the surface he seems to be offering a pretty sharp rebuke of Braun. And probably a not-underserved one. At the moment — and, as I’ll argue in a second, the moment matters — Braun’s statement the other day was a bit extreme for a guy who won a procedural victory, even if I still maintain that a procedural victory is significant. He didn’t really need to point the finger so directly at the collector even if mistakes were made in the process. It’s totally understandable that the guy felt the need to come back with a strong statement of his own.
As for the substance of the statement: look, there are a lot of things about all of this that seem like people calling each other liars, but it seems more like people talking past each other.
Braun’s people say there were a bunch of places open to receive the sample, the collector says that there weren’t any places that could ship the sample. Those things aren’t necessarily in conflict. The collector says that he followed the procedures set down by his employer, the arbitrator ruled that the procedures articulated in the Joint Drug Agreement weren’t followed. Those statements aren’t necessarily in conflict either. Indeed, the crux of it could very well be that the collector did everything he was told and trained to do by his employer but what he was told and trained to do didn’t conform to what the league and the players agreed upon when they set the system up.
Anyone who has worked in a large organization can relate to how that kind of thing happens. Mistakes and lack of adherence to formal protocols get baked into the process and become accepted procedures over time. Which is fine when they’re just normal workplace rules, but which aren’t fine when they’re rules that were the product of sensitive, complicated and high stakes collective bargaining. If the union doesn’t object to that, they risk waiving what they fought so hard for in negotiations.
And it could be that those ad hoc procedures make sense. Field experience trumping design, you know. Could very well be that the Joint Drug Agreement now gets amended to actually formalize the procedures that have been used, albeit in an unauthorized fashion, before now. That doesn’t vindicate that unauthorized past use — rules are rules — but this could all be part of a healthy evolution of the testing system, with Braun’s specific example being but a footnote in the future.
The important thing at present, however, is that we won’t have ultimate resolution of the seeming discrepancies between Braun and the collector until we see the arbitrator’s decision. To see what, exactly, he took issue with in the procedures that were employed and why he found them significant. Until then, anyone not privy to the decision who either (a) attacks the collector; or (b) belittles Braun’s procedural defense are just guessing.
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