The Major League Baseball Players Association formally filed a grievance against the Orioles and baseball yesterday on behalf of waived pitcher Sidney Ponson, levying charges of collusion and improperly obtaining information from the club's medical staff.
The Orioles placed Ponson on unconditional release waivers earlier this month for the purpose of terminating his contract, citing three arrests since December, the most recent coming Aug. 25 on charges of driving under the influence and driving while intoxicated. Ponson cleared waivers Tuesday.
Now, the union is officially trying to force the Orioles to pay the roughly $11.2 million remaining on Ponson's three-year guaranteed contract that was signed Jan. 14, 2004.
"We'll now schedule a hearing at some point and time," union spokesman Greg Bouris said. "The case then will be heard [by an arbiter], unless it is settled beforehand."
One industry source, requesting anonymity because of the case's legal status, said the hearing wouldn't happen until November at the earliest. There are at least 20 outstanding grievances from this year alone - most dealing with injury assignments - and another 30 or more that haven't been heard from previous years.
However, the industry source said the union will make Ponson's case a priority because of the money and publicity involved - so it should move more quickly than usual. Ponson, now a free agent, likely will have signed with another club by the time the case is resolved.
The players association claims the team's actions constituted a disciplinary measure without just cause and are not supported by the current version of the basic agreement that took effect in September 2002. At root of the disagreement is the Orioles' decision to convert Ponson's three-year, $22.5 million deal from a guaranteed contract to a non-guaranteed one.
The Orioles did so by invoking a clause that is included in the majority of all baseball contracts. In part, it reads: "In the event that the club determines that the player is no longer in first-class physical condition due to the use of any type of illegal drug, the misuse of prescription or over-the-counter drugs or alcohol dependency, the club may, in its discretion, convert its guaranteed contract into a non-guaranteed contract."
