來源: Sports Illustrated
網址: https://tinyurl.com/wv28ap2
A Union Divided: Astros Cheating Scandal Rocks MLB Players Association
工會分裂：太空人作弊醜聞撼動MLB球員協會
As each day passes, the electronic sign-stealing scandal in Major League
Baseball proves more irritating to those impacted by it. This is especially
true for players, who are all members of the same union, the Major League
Baseball Players Association. They have become increasingly willing to
publicly condemn fellow union members who played for the Astros in 2017 and
who engaged in a form of cheating that has elicited widespread disgust.
隨著日子每一天過去，大聯盟太空人偷暗號醜聞對於那些受到這醜聞所影響的人來說只顯
得愈發難耐。對於球員來說更是如此，因為他們都在同一個團體，大聯盟球員協會(Major
League Baseball Players Association)。他們已經逐漸比較願意公開出來指責協會裡那
些在2017年替太空人打球並且涉及某種程度的作弊行為的會員，這作弊行為已經造成許多
人對這樣行為的厭惡。
Astros players engineered a plot that mixed modern technology with crude
sounds. Players and team officials covertly placed a camera in the center
field area of Houston’s Minute Maid Park. The camera recorded opposing teams
’ catcher signals to the pitcher. It then transmitted images over to the
Astros’ replay room. The images revealed predictive patterns as to the
intended pitch type. The patterns were then shared with those in the Astros
dugout and conveyed to batters through coded bangs on a trash can. The plot
was so effective that the Astros won the 2017 World Series.
太空人用了一種方式，用現代科技加上很粗糙的聲音來進行他們的計畫。球員跟球團工作
人員偷偷的在太空人主場中外野裝上攝影機，攝影機則是錄下了對手捕手打給投手的暗
號，然後影像就會送到太空人的重播室。分析影像就會知道哪些暗號會是投手要投的球
種，然後這些資訊就會送到太空人休息區，然後就會有人負責把這些暗號用敲擊垃圾桶的
方式，讓打者知道。這計畫實在太成功，太空人拿下了2017年的世界大賽冠軍。
Revisiting the curious logic of Rob Manfred’s decision to not punish guilty
players
聯盟主席Rob Manfred決定不處罰球員的奇特邏輯
Despite Astros players’ guilt in what MLB has termed a mostly “player-driven
” scheme, commissioner Rob Manfred declined to punish any of the guilty
players. Manfred instead gave them immunity in exchange for their cooperation
and willingness to share information.
儘管在這個是"球員主導"的作弊事件上太空人球員是有罪的，聯盟主席Rob Manfred拒絕懲
罰任何一個有罪的球員。相反地，Manfred以他們願意合作並供出作弊內情給了他們免責。
This was surprising on at least four levels.
這在四個層面上來看很讓人驚訝。
First, the players were already obligated under the collective bargaining
agreement to “provide reasonable cooperation with an investigation,
including but not limited to producing documents and information.” It’s
true that players could have refused to cooperate and that, as a private
entity, MLB had no power to subpoena or compel disclosure. However, Manfred
could have punished players for failing to satisfy their contractual
obligation to cooperate. In other words, it wasn’t as if Manfred lacked
leverage.
第一，球員在球員團體協議裡是有義務要"在調查事件上，得要提供合理的合作，包括提供
文件跟訊息等"。沒錯，就個人方面，球員是可以拒絕合作的，聯盟沒有權力去傳喚球員硬
要他披露資訊。但是，Manfred大可以用他們違反合約拒絕合作的理由懲罰這些球員。換句
話說，Manfred不是沒有籌碼的。
Second, while Astros players could have challenged suspensions by filing
grievances, MLB generally doesn’t worry about the risk of grievances to such
a degree that it declines to punish rule-breaking players. MLB might have
prevailed in any grievances. The league would have needed to show the
punishments were reasonable, reasoned and in accordance with past practices.
Under the CBA, Manfred could have punished players for refusing to cooperate
in a league investigation. Alternatively, if MLB obtained sufficient evidence
to show that cheating had occurred, the CBA would have permitted Manfred to
punish players for “conduct detrimental or prejudicial to baseball.”
Furthermore, the uniform player contract compels players to “conform to high
standards of personal conduct, fair play and good sportsmanship.” There’s
no shortage of language that could be construed to cover cheating. Also,
while players might have argued there was insufficient notice that electronic
sign-stealing during the 2017 season would trigger player punishments, MLB
could counter by stressing 1) the “conduct detrimental” language in the CBA
authorizes such punishments; 2) by fining the Boston Red Sox and New York
Yankees for their electronic sign stealing in 2017, MLB made clear such
practices were unauthorized.
第二，或許當太空人球員對於被判球監跟聯盟提出申訴，聯盟一般說來不需要因為擔心球
員的抗議就不去處罰犯規的球員，更何況聯盟可能在這些申訴上都可能會獲勝。聯盟可以
對外展現出，就過去的案例上來看，這些處分都是合理的。有球員團體協議在，Manfred
就可以用球員拒絕聯盟調查處罰球員了。此外，若聯盟調查獲得足夠的證據證明作弊行為
發生，球員團體協議就會准許Manfred以"對棒球運動造成莫大傷害的行為"來處罰球員。再
加上，制式球員合約就要求球員要"個人行為要有高標準，誠實比賽以及良好運動家精
神"。此外，當球員或許可能抱怨在2017年賽季的偷暗號會導致處罰沒有先收到通知的話，
聯盟可以用這樣反制：1) 球員團體協議裡面"不當行為"就准許可以處罰球員；2) 2017年
對紅襪跟洋基使用電子器材偷暗號罰款的案例就已經說明，聯盟對於使用電子器材是不允
許的。
It’s also worth playing out the grievance scenario. Assume that MLB played
hardball (no pun intended) and either didn’t gain enough implicating
evidence from the players or the “absence of notice” defense noted above
persuaded the arbitrators. Then assume that MLB loses the grievances. The
league would have still made a good faith effort to hold players accountable,
something that the public and fans—who knew from journalists’ investigative
reporting that cheating had likely occurred—probably would have admired. In
that scenario MLB might have also more seriously considered alternative
punishments, such as stripping the Astros of the 2017 World Series.
另外也值得考慮的申訴狀況若發生的話，假設聯盟真的來硬的，要嘛沒從球員身上獲得足
夠的證據，或者球員用"未獲得告知"的理由說服了仲裁員，然後聯盟在申訴上輸掉。聯盟
還是可以用很多方式讓這些球員擔起責任，像是大眾或者粉絲們