Question of Muscle

Although the threat of government intervention looms over baseball’s steroid crisis, the uncertain prospect of federal action could force major league owners to choose between unilaterally overturning a collective bargaining agreement or accepting three more years of a drug-testing program widely criticized as weak and ineffective.

Commissioner Bud Selig hopes to persuade the players’ union to adopt a more stringent program. Although major league executives generally prefer that Congress and the courts stay out of baseball affairs, Selig speaks plainly when asked whether he would prefer outside intervention to the status quo should negotiations with the union fail.

“I would not choose the status quo under any circumstances,” Selig said.

In his State of the Union address in January, President Bush challenged U.S. sports to “get rid of steroids now.” On April 8, the U.S. Senate approved a resolution urging major league players and owners to negotiate a stricter drug-testing policy at once. Sen. Byron Dorgan (D-N.D.) warned that “real legislation” could follow in two months if the parties did not act.

Rob Manfred, baseball’s chief labor lawyer, said discussions with the players’ union are “ongoing” but declined to elaborate. Gene Orza, the union’s chief operating officer, did not return a call seeking comment, but executive director Donald Fehr said in March that “you have to be willing to look at things again in light of different or changed circumstances.”

Player representatives on three teams said the union has not scheduled a conference call to discuss the issue; such a call would precede a vote on any proposal for a significant policy change.

With a summer recess, presidential election and Democratic and Republican national conventions on tap, one prominent political analyst said Congress would be “unlikely” to pass steroid legislation this year. Dorgan did not return several calls to discuss the feasibility of congressional action, but Larry Sabato, director of the Center for Politics at the University of Virginia, said legislative activity is dominated by the twin issues of “national security in an age of terrorism and economic security in an age of outsourcing.”

Said Sabato: “I guarantee you steroids is not even on the front page of the list of priorities.”

In the absence of legislation or an agreement with the union, Selig could cite his power to act in the “best interests of baseball” and order the implementation of a stricter policy. Manfred has said that option is under consideration.

But legal experts say that option would almost certainly violate labor law, as a unilateral change in a collective bargaining agreement. However, that move could force the union countermove of defending the oft-criticized policy at a time a federal grand jury has indicted four men -- including the personal trainer of record-setting slugger Barry Bonds of the San Francisco Giants -- on charges of distributing steroids illegally. Bonds has denied using steroids.

“That might be a big reason they would do it,” said Tom Glavine of the New York Mets, a longtime National League player representative. “That would put us into a difficult position P.R.-wise, but we could take the P.R. hit.”

In a collective bargaining agreement signed in 2002 and extending through 2006, owners and the union agreed upon the first steroid-testing policy in major league history. Selig testified before Congress in March that he lobbied for a more stringent policy but got the best deal he could without risking a player strike.

Players are tested during the season, with a first offense subjecting a player to counseling and more frequent testing but not to a fine, suspension or public identification. Selig wants to implement the minor league testing program, under which first offenders can face a fine or 15-day suspension and all players face random, year-round testing.

Kenny Rogers of the Texas Rangers, an outspoken critic of the current policy, said he would not object to legislation that imposes a stricter testing program upon the major leagues. “I wouldn’t mind any of that,” he said. “It would be great to make sure we had a clean sport. We let it get out of control for so long. It’s our own fault.”

Few players have expressed similar sentiments publicly. Glavine and Paul Lo Duca, the Dodgers’ outgoing player representative, each said he has seen no evidence among his teammates of a silent majority supporting Selig but keeping quiet so as not to break ranks with the union.

“I don’t think anyone is going to tell you this is the perfect solution,” Glavine said. “I would still think most guys are OK with what we’re doing and are understanding of the fact there might need to be some changes down the road.”

The union this week agreed to Olympic-style drug testing for the proposed World Cup next year, which could subject dozens of baseball’s best players to several weeks of testing far more intrusive than the program Selig wants to implement.

Although union officials noted that World Cup participation would be voluntary, Glavine said the apparently conflicting images of the union fighting stricter testing while many top players might agree to it for the World Cup presented an issue “that’s going to have to be addressed.”

Dick Pound, president of the World Anti-Doping Agency, has called the major league program a “complete joke” and has said no regimen can succeed in eliminating drug use without random testing -- anywhere, anytime.

Said Glavine: “Guys would balk ... You might get a knock on your door Thanksgiving Day. They don’t want that.”

For now, many players say they would like to afford the testing policy -- fully implemented for the first time this year -- a reasonable amount of time. They also wonder whether, in a time of war, Congress ought to be worrying about baseball.

“There’s probably more important things they can focus on,” said Jarrod Washburn of the Angels. “And you’ve got to give something a fair chance before you say it’s not going to work.”

Said Denny Hocking of the Colorado Rockies: “Even though we have a drug policy in place, to hear senators and all those people who have nothing to do with baseball -- they feel like they’ve got to put their two cents in. You can only do so much. You’re not going to please everybody.”

If legislators truly want to help, agent Scott Boras said, they would be better off ordering an examination of the safety and effectiveness of the dozens of unregulated substances -- available over the counter, to players and anyone else -- claiming to enhance athletic performance.

“We need a testing body to take a look at every non-FDA approved substance,” Boras said.

Cal Ripken, the record holder for consecutive games played, said owners and players ought to put aside their long-running distrust of each other and resolve the issue without involvement from Congress or the courts.

“The responsibility for Major League Baseball and the players’ association is to safeguard the game,” Ripken said. “The problem with the two sides coming together is, because of the history of labor negotiations, there’s a lack of trust between the two sides. The lack of trust is an impediment to a resolution.

“But I would like to see it handled by the players’ association and Major League Baseball. There’s a need to remove the suspicion so the game can be looked upon as real and honest and pure.”

And Rogers, the player who would accept government intervention, said he hopes the issue can be resolved short of that.

“We don’t need other people to tell us how to run the game,” Rogers said. “We do need to make sure we get it fixed. It should be of our own accord.

“We shouldn’t be doing it because someone is making us. We should do it because it’s the right thing to do.”

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WHAT THEY SAID

‘There’s probably more important things they [Congress] can focus on. And you’ve got to give something a fair chance before you say it’s not going

to work.’ Jarrod Washburn, Angel pitcher

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‘The responsibility for Major League Baseball and the players’ association is to safeguard the game.’ Cal Ripken, Former major league player

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‘I don’t think anyone is going to tell you this is the perfect solution.’

Tom Glavine, New York Met pitcher and longtime National League player representative