Major League Baseball Players Association v. Commissioner of Major League Baseball (Howe)

In 1983, Steve Howe’s baseball club suspended him twice and fined him for his use of cocaine and alcohol. After Howe tested positive for cocaine at the end of 1983, the then-commissioner of Major League Baseball (MLB) suspended Howe for the 1984 season. The suspensions and fine were withdrawn after a settlement between MLB, including its affiliated minor leagues (collectively, organized baseball); the Major League Baseball Players Association (association) (plaintiff); and Howe. The settlement included Howe’s agreement to regular drug and alcohol tests. Howe did not play organized baseball in 1984 or 1986 but made several returns in 1985 and 1987, all of which ended with his release due to his use of cocaine, amphetamines, or alcohol. After not playing in 1988 or 1989, Howe attempted a comeback in 1990. Fay T. Vincent (defendant), MLB’s commissioner, allowed Howe to play minor-league baseball in 1990 and major-league baseball in 1991 if, among other things, Howe agreed to drug testing potentially as frequently as every other day (as suggested by Vincent’s medical adviser). Howe was tested regularly, but not every other day, and in 1990 through December 18, 1991, he remained drug-free. However, on December 19, Howe was arrested for attempting to buy cocaine. On June 8, 1992, Howe entered an Alford plea to charges stemming from his arrest, leading Vincent to ban Howe from organized baseball for life. The association filed a grievance on Howe’s behalf, arguing that a lifetime ban was improper because, among other things, MLB failed to implement every-other-day testing and the longest previous suspension for violating its drug policy was for approximately 100 days, in which instance the player had used cocaine during the season and participated in drug deals. Vincent responded that he had just cause for the lifetime ban because Howe was a conscious drug abuser who squandered multiple second chances, MLB had done everything it could for Howe, and he was not required to consider Howe’s full medical history before imposing discipline. As part of the grievance proceeding, several doctors testified before the arbitrator that Howe suffered from—or might suffer from—a previously undiagnosed and untreated psychiatric condition that likely contributed to his drug abuse and that failing to treat this condition increased Howe’s chances of relapse.