Braun Avoids Suspension by Winning Appeal on Positive Drug Test Essay Example
Braun Avoids Suspension by Winning Appeal on Positive Drug Test Essay Example

Braun Avoids Suspension by Winning Appeal on Positive Drug Test Essay Example

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  • Pages: 2 (488 words)
  • Published: July 30, 2018
  • Type: Case Study
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Ryan Braun, who received the National League MVP award, made history as the first major league baseball player to successfully appeal a positive drug test. His legal team convinced an arbitrator that the test collector mishandled his sample. A three-man panel upheld Braun's argument with a 2-1 vote.

Shyam Das, a long-time baseball arbitrator, cast the deciding vote that resulted in a major league player succeeding in appealing a positive test result for the first time. The player, Braun, was able to avoid suspension for the first 50 games of the 2012 season by denying use of the banned substance. Commissioner Bud Selig suffered from this appeal's outcome as he argued that Major League Baseball's drug-testing system had improved over the last decade and ended steroid era taints. Other players' lawyers and agents may now feel more confident challenging positive drug

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test findings in light of this successful appeal.

Former National Labor Relations Board chairman, William B. Gould IV, expressed doubts about the integrity of the process due to the NLRB's involvement in resolving the 1995 baseball strike. To date, twelve appeals for positive performance-enhancing drug results have been upheld, but none have been overturned. However, a source with knowledge of the Braun appeal revealed that Braun was the first player to question the prompt delivery of his test sample to a FedEx branch for shipping to the testing facility. The test was conducted during the 2011 postseason while Braun played left field and batted third for Milwaukee Brewers.

Following a triumph over the Arizona Diamondbacks, the team faced defeat from the St. Louis Cardinals. Braun was reportedly subjected to a test after the Brewers' initial postseason game

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on October 1st. Despite this, Braun made significant contributions during that game by securing three hits in four at-bats and leading Milwaukee to a 4-1 win. However, as per the tester's report, there were no FedEx locations available to drop off the sample during the time of testing.

The tester took the sample home and stored it in their refrigerator until they could take it to a FedEx center the following Monday. This caused a delay that allowed Braun’s lawyers to question the integrity of the sample. The panel examining the case included Michael Weiner, the head of the baseball players' union, Rob Manfred, head of labor relations for Major League Baseball, and Das, among others. Manfred was responsible for developing and strengthening the baseball drug-testing program.

After the appeal decision, Manfred and Braun had differing reactions. Manfred's statement was filled with anger, as he declared that Major League Baseball strongly disagreed with Das' ruling as arbitrator. Meanwhile, Braun was happy and relieved by the outcome, viewing it as a step towards restoring his good name and reputation. He confidently proclaimed his innocence and maintained that they were victorious in their appeal because truth was on their side. Additionally, he asserted that there was nothing to hide.

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