Facts
- In 1983, pitcher Steve Howe’s club twice suspended him and fined him for using cocaine and alcohol.
- After Howe tested positive for cocaine at the end of 1983, the Commissioner suspended Howe for the 1984 season.
- The club discipline and the Commissioner’s 1984-season suspension were later withdrawn as part of a settlement among Major League Baseball and its affiliated minor leagues (organized baseball), the Major League Baseball Players Association (MLBPA), and Howe.
- Under the settlement, Howe agreed to regular drug and alcohol testing.
- Howe did not play organized baseball in 1984 or 1986, and his attempted returns in 1985 and 1987 ended with his release after further substance use involving cocaine, amphetamines, or alcohol.
- Howe did not play in 1988 or 1989, then attempted another comeback in 1990.
- Commissioner Fay T. Vincent allowed Howe to play minor-league baseball in 1990 and major-league baseball in 1991 subject to strict conditions, including drug testing that could be as frequent as every other day (as suggested by the Commissioner’s medical adviser).
- Howe was tested regularly, though not every other day, and he remained drug-free from 1990 through December 18, 1991.
- On December 19, 1991, Howe was arrested for attempting to purchase cocaine.
- On June 8, 1992, Howe entered an Alford plea to charges stemming from the arrest.
- Following the plea, Vincent barred Howe from organized baseball for life.
- The MLBPA filed a grievance challenging the lifetime ban, arguing that the penalty lacked just cause under the Basic Agreement, that the drug-testing plan (including every-other-day testing) was not fully implemented, and that comparable drug-policy violations historically drew much shorter suspensions (with the longest prior suspension described as roughly 100 days).
- During the grievance proceeding, doctors testified that Howe suffered from, or might suffer from, an undiagnosed and untreated psychiatric condition that likely contributed to relapse risk.
Issues
- Whether the Commissioner had just cause under the Major League Baseball Basic Agreement to impose a lifetime ban on Howe based on his attempted cocaine purchase and prior record.
- Whether the Commissioner’s “best interests of baseball” authority permitted a lifetime ban where the matter was addressed through collectively bargained drug rules and prior negotiated arrangements.
- Whether a lifetime ban was disproportionate when compared to prior discipline for drug-policy violations and prior practice under organized baseball’s drug program.
- Whether organized baseball’s implementation choices under Howe’s reinstatement conditions—particularly the fact that testing was not conducted every other day—were relevant to just cause and the level of discipline.
- Whether, and to what extent, medical testimony about a possible psychiatric condition affecting addiction and relapse should be considered in assessing just cause and the proper remedy.
Decision
- The arbitrator (Major League Baseball Arbitration Panel) set aside the Commissioner’s lifetime ban.
- The grievance was sustained to the extent the lifetime ban was found to lack just cause under the Basic Agreement.
- The arbitrator substituted a finite suspension in place of permanent disqualification (often reported as approximately 119 days) and restored Howe’s eligibility to return to organized baseball after serving the substituted discipline.
Legal Principles
- A collectively bargained “just cause” standard permits arbitral review of player discipline for reasonableness and proportionality, including comparison to prior discipline for similar misconduct.
- The Commissioner’s “best interests of baseball” power does not override limits created by the Basic Agreement and related negotiated arrangements on subjects the parties have addressed through collective bargaining.
- Where the parties have used structured drug testing and treatment conditions as part of reinstatement, the design and execution of those conditions may be considered in evaluating whether the league established just cause for the chosen level of discipline.
- In assessing discipline under a drug program that includes treatment components, an arbitrator may consider medical evidence bearing on the player’s substance-use disorder and relapse risk when deciding whether permanent disqualification is justified.
Conclusion
Panel Decision No. 94 held that Commissioner Vincent lacked just cause under the Basic Agreement to impose a lifetime ban on Steve Howe after his 1991 arrest and 1992 Alford plea, and the arbitrator vacated the permanent ban and replaced it with a time-limited suspension that reinstated Howe’s eligibility to play in organized baseball.