来源: Sports Illustrated
网址: https://tinyurl.com/wv28ap2
A Union Divided: Astros Cheating Scandal Rocks MLB Players Association
工会分裂：太空人作弊丑闻撼动MLB球员协会
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.
随着日子每一天过去，大联盟太空人偷暗号丑闻对于那些受到这丑闻所影响的人来说只显
得愈发难耐。对于球员来说更是如此，因为他们都在同一个团体，大联盟球员协会(Major
League Baseball Players Association)。他们已经逐渐比较愿意公开出来指责协会里那
些在2017年替太空人打球并且涉及某种程度的作弊行为的会员，这作弊行为已经造成许多
人对这样行为的厌恶。
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.
太空人用了一种方式，用现代科技加上很粗糙的声音来进行他们的计画。球员跟球团工作
人员偷偷的在太空人主场中外野装上摄影机，摄影机则是录下了对手捕手打给投手的暗
号，然后影像就会送到太空人的重播室。分析影像就会知道哪些暗号会是投手要投的球
种，然后这些资讯就会送到太空人休息区，然后就会有人负责把这些暗号用敲击垃圾桶的
方式，让打者知道。这计画实在太成功，太空人拿下了2017年的世界大赛冠军。
Revisiting the curious logic of Rob Manfred’s decision to not punish guilty
players
联盟主席Rob Manfred决定不处罚球员的奇特逻辑
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.
尽管在这个是"球员主导"的作弊事件上太空人球员是有罪的，联盟主席Rob Manfred拒绝惩
罚任何一个有罪的球员。相反地，Manfred以他们愿意合作并供出作弊内情给了他们免责。
This was surprising on at least four levels.
这在四个层面上来看很让人惊讶。
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，球员在球员团体协议里是有义务要"在调查事件上，得要提供合理的合作，包括提供
文件跟讯息等"。没错，就个人方面，球员是可以拒绝合作的，联盟没有权力去传唤球员硬
要他披露资讯。但是，Manfred大可以用他们违反合约拒绝合作的理由惩罚这些球员。换句
话说，Manfred不是没有筹码的。
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，或许当太空人球员对于被判球监跟联盟提出申诉，联盟一般说来不需要因为担心球
员的抗议就不去处罚犯规的球员，更何况联盟可能在这些申诉上都可能会获胜。联盟可以
对外展现出，就过去的案例上来看，这些处分都是合理的。有球员团体协议在，Manfred
就可以用球员拒绝联盟调查处罚球员了。此外，若联盟调查获得足够的证据证明作弊行为
发生，球员团体协议就会准许Manfred以"对棒球运动造成莫大伤害的行为"来处罚球员。再
加上，制式球员合约就要求球员要"个人行为要有高标准，诚实比赛以及良好运动家精
神"。此外，当球员或许可能抱怨在2017年赛季的偷暗号会导致处罚没有先收到通知的话，
联盟可以用这样反制：1) 球员团体协议里面"不当行为"就准许可以处罚球员；2) 2017年
对红袜跟洋基使用电子器材偷暗号罚款的案例就已经说明，联盟对于使用电子器材是不允
许的。
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.
另外也值得考虑的申诉状况若发生的话，假设联盟真的来硬的，要嘛没从球员身上获得足
够的证据，或者球员用"未获得告知"的理由说服了仲裁员，然后联盟在申诉上输掉。联盟
还是可以用很多方式让这些球员担起责任，像是大众或者粉丝们