The Status of Bauer?

I was all ready to post this piece and then came to realize that I miscalculated a major portion of it, which goes to show you, always do your research “before” writing.

Initially I believed that Trevor Bauer’s suspension of 324 games would be retroactive to the date of his suspension of July 2, 2021, which would mean he would be back in action by the end of June this coming 2023 season. Now I come to find out that the earliest he can return is about 20 games in to the 2024 season, after his three-year deal with the Dodgers has expired. This probably explains why no none is talking about him for 2023. Bauer’s suspension is absolutely brutal and one that is in the appeal process.

When I was on the management side while in the work force, I dealt with a bargaining unit and unfortunately had to dole out some discipline on occasion for misbehaving employees. Negotiations on suspensions were just that, negotiations. The union I would deal with had some clout. Suspensions would invariably be reduced through the terms of the collective bargaining agreement. If I had a guy that committed an offense, I’d review the table of offenses and recommended the agreed upon punishment for what he did. Usually something like a five-day suspension without pay would be “negotiated” down to two or three days, sometimes less depending on the case and how compelling the argument was.

It is the same with MLB. 90% of the time, the suspensions are reduced. They almost always meet in a timely manner, now the face-to-face meeting at MLB offices in New York can be done via zoom call. This Bauer case is unprecedented in the length and delays to get this over and done with. The complications caused by the severity of the accusations, the legal process that moved at a snail’s pace and the huge amounts of money involved have turned it into a nightmare.

In the end, MLB will probably have to pay up and big time, but why prolong the inevitable? Get the appeal over and done with. It almost makes me believe that Commissioner Rob Manfred has some sort of personal vendetta against the Dodgers. We know he does against the outspoken Bauer who has never held his opinion back. The personal animosity between the two has clouded Manfred’s judgment in a way that will be extremely detrimental to MLB, because they are going to pay. Unless there is something more that they know that hasn’t been exposed to the public. Legally, Bauer is in the clear of all criminal charges.

I pose this question to everyone because I simply don’t know.  This is primarily meant for those that are well versed on the MLB Collective Bargaining Agreement (CBA) and those with some legal expertise in sports and labor law. Does Bauer have a chance to get this thing cut by 100 games or perhaps more?

There was a hearing in May of this year with MLB where a lot of evidence was provided to Bauer’s attorneys. That evidence was not made public. Perhaps this is the hold up, as they go through it all and the matter is further complicated by civil suits that Bauer has filed against a number of parties. A full two-year suspension without pay for violation of the MLB domestic violence and sexual assault policy is simply massive and when compared to other similar cases (Antonio Osuna, Aroldis Chapman, Starlin Castro, Carlos Martinez, Sam Dyson), the two-year ban seems very excessive.

There has been no discussion about the Bauer situation by the Dodgers, and that is probably wise because you don’t want to be dependent on an issue that you cannot control. However, if the suspension could be shorted with a Bauer return at mid-season, he would be an amazing addition to the rotation, possibly saving the ball club from dealing off prized prospects at the trade deadline when they are looking to shore up weaknesses in the second half. 

As far as I can tell, Trevor Bauer has maintained his physical conditioning and has a tight workout regimen. One thing that has not been addressed will be his rustiness as it is rather unprecedented to have a perfectly healthy player return to action after being inactive for two years of live games.  If he returns in 2023, this will be uncharted territory that the Dodger brass will have to watch closely. How closely they can do so before his return is questionable due to the suspension. 

Based on Bauer’s twitter feed, he is active pitching to live hitters, though none are of Major League quality.  His latest video addresses how to maintain velocity through good health, exercise, weight training, elasticity and a consistent throwing program.  All of which Bauer has continued through his 1 ½ season absence thus far.  Is it possible that after a two year lay-off and the lack of a season’s wear and tear, that he will come back stronger at age 32?  I believe that it is.  He could be a true difference maker in the pennant stretch if added to the roster.

There will be the distractions, but Bauer’s controversial nature over the years leads me to think that he could care less about the boos or fan reaction.  He has always been a villain of sorts, and he feeds off of that. The guy is a knucklehead and terrible at reading life situations, so there is that factor that he will do something stupid again. Even if innocent of the accusations, Bauer was dirt stupid for putting himself in the situation that he did, and he has paid a heavy price for it. The question remains is if he has learned his lesson.

Additionally, there is the issue with his teammates. Will he be a clubhouse pariah? Will his teammates, many of whom undoubtedly have wives/girlfriends that have voiced disdain for Bauer, will they be able to whole heartedly perform with this guy? Bauer will probably need to have a clubhouse meeting to clear the air, apologize for adversely affecting three Dodger seasons and seek out support from within. It would be very interesting to see how that all plays out.

If allowed to play, there will be millions of dollars dedicated to this guy for at least half the season, so it’s time for the Dodgers to get something out of him for the money they shell out. It is also time for Bauer to show some contrition as well as respect for the team and fans by performing to the standards of that massive contract.

There are a lot of “ifs” here, and the Dodgers seem to be quite well stocked with young arms, even with a few departures this off-season, but adding Trevor Bauer to the mix could be a real difference maker.

I haven’t gone in to discuss the details of the allegations made against Bauer, mainly because I don’t know all the facts. Nor do I know if MLB has additional accusations against him from previous interactions with women. What I do know is that the penalty was maybe the most severe ever levied to a player, save banishment from the sport.

Bauer’s legal team continues to take a proactive stance as he has filed five civil suits for defamation against the original accuser, her lawyer, two journalists (one being Molly Knight of The Athletic), and a publication.

A few weeks ago, Curt Schilling opined on the Dan Patrick show that “he’s never going to play again,” basing that statement on the corporate nature of the game and the belief that the sport is catering to fans that may boycott sponsors over allegations of sexual assault and/or domestic abuse. Schilling added that the game is unforgiving of situations such as Bauer’s that have embarrassed the sport.

“In this day and age,” he told Patrick, “It is not going to get better for him. People aren’t suddenly going to start saying, ‘Oh, it’s in the past.’ There are some things that we don’t have second chances in for any capacity – things with children, things with women and abuse. We don’t give second chances to people like that.”

Based on the Schilling statements, is it possible that Bauer never steps foot on a major league diamond again? Will any clubs take a flier on him after his contract is up? Perhaps it’ll be like Barry Bonds, who was forced to walk away from the game in the midst of steroid use accusations after the Giants let his contract lapse. No one wanted to touch him, and he had just broken the home run record.

It will be interesting to see how this all plays out. Andrew Friedman seems to have moved on with plans for the team that don’t include Bauer, but we all know there has to be that alternative plan in his mind in the event that MLB lifts the suspension. If it does happen, the Dodger rotation will receive a number 1 type starter that is well rested, major league seasoned and hungry to prove himself once again.