ANDREW BAILEY v. THE OAKLAND ATHLETICS

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1 ANDREW BAILEY v. THE OAKLAND ATHLETICS REPRESENTATION FOR: THE OAKLAND ATHLETICS TEAM 36

2 Table of Contents Introduction... 1 Hierarchy of Pitcher in Major League Baseball... 2 Quality of Mr. Bailey s Contribution During the Past Season... 2 Length and Consistency of Mr. Bailey s Career Contribution... 3 Past Player Compensation... 5 Comparative Baseball Salaries... 5 Carlos Marmol...5 J.P. Howell...7 Juan Carlos Oviedo...8 The Existence of Mental or Physical Defects... 9 Recent Performance of the Oakland Athletics Conclusion... 10

3 I. Introduction This brief analyzes relevant statistics, attributes, awards, player salaries, and other factors of the playing career of Andrew Bailey, ( Mr. Bailey ) of the Oakland Athletics ( Club or A s ). The Major League Baseball ( MLB ) Collective Bargaining Agreement ( CBA ) establishes the criteria to be considered in this arbitration hearing. 1 Under CBA Section VI (F), Part 12(a)-(b), the scope of permissible information for determining Mr. Bailey s market value includes: (1) the quality of Mr. Bailey s contribution to the A s during the past season, including, but not limited to, his overall performance, special qualities of leadership, and public appeal; (2) the length and consistency of his career contributions; (3) his past recorded compensation figures; (4) comparative baseball salaries; (5) the existence of any mental or physical defects on the part of Mr. Bailey and (6) the recent performance record of the A s, including, but not limited to, its League standing and attendance as an indication of public acceptance. Furthermore, the Arbitration Panel shall give particular attention to, for comparative salary purposes, the contracts of players with MLB service not exceeding one annual service group above Mr. Bailey s annual service group. 2 Recently, both the A s and Mr. Bailey submitted their final contract offers of $2.85 million ( M ) and $3.85M, respectively, for the upcoming season. The midway point between both offers is $3.35M. If the arbitration panel decides that Mr. Bailey s worth is so much as $1.00 less than the $3.35M midpoint, then the panel should return a verdict in favor of the A s, and vice-versa. 3 Respectfully, the A s request that the panel find that Mr. 1 MLB Collective Bargaining Agreement, Basic Agreement, Article VI(F) 12(a)-(b). 2 MLB CBA, Art. VI, F, Part 12(a)-(b) 3 20 Marq. Sports L. Rev. 1, 33 1

4 Bailey is entitled to receive the A s last best contract offer of $2.85M for the 2012 season. II. Hierarchy of Pitchers in Major League Baseball Generally, starting pitchers are compensated higher than relief pitchers. Relief pitchers generally get paid by role. A closer gets paid more than a set-up man, who gets paid more than long and middle relievers. 4 Looking at Mr. Bailey s statistics, contributions, and attributes, he clearly falls within the category of relief pitchers. Furthermore, he has fulfilled the role of a closer for the A s since he s been a permanent part of the roster ( ). II. Quality of Mr. Bailey s Contributions During the Past Season Statistics for 2011 (platform year) - Note: Yellow box denotes career best in that category The A s are excited about the possibility of Mr. Bailey continuing his career in Oakland and remaining an integral part of the bullpen. Unfortunately, Mr. Bailey s third year as a member of the A s was hampered by multiple stints on the disabled list ( DL ). 5 The A s were ranked 4 th in the American League ( AL ) in saves and Mr. Bailey was ranked 11 th in the AL in saves among all active relievers, with 24 saves ( S ). In addition, the A s were ranked 7 th in the AL in save opportunities ( SO ) and Mr. Bailey was ranked 12 th in the AL in SO among all active relievers, with 26 opportunities. 6 Mr. Bailey s 3.24 earned run average ( ERA ) ranks him 10 th against the top 20 save getters in the AL. In addition, opponents batting average ( AVG ) was.218 against Mr. Bailey, which ranked 9 th against the top 20 save getters in the AL. Furthermore, Mr. Bailey pitched in All stats retrieved from 2

5 41.2 innings ( IP ) which ranked him last out of the same top 20 save getters in the AL. Lastly, Mr. Bailey s 41 strikeouts ranked him 54 th in the AL amongst all active pitchers and 17 th when pitted against the top 20 save getters in the AL was Mr. Bailey s most disappointing season. His ERA balloon up to 3.24 and opponents AVG rose to over.200 for the first time in his career. Furthermore, Mr. Bailey appeared on the DL multiple times. In summary, Mr. Bailey showed a consistent contribution to the bullpen in 2011 when he remained healthy. The A s last best offer of $2.85M is an appropriate compensation. III. Length and Consistency of Mr. Bailey s Career Contribution Career Statistics Note: Yellow boxes denote career best in that category Career In the 2006 MLB draft the A s selected Mr. Bailey in the sixth round with the 188 th pick. He signed with the A s on June 20 th, 2006 and made his MLB debut on April 6 th, In his first full season in 2009, Mr. Bailey burst onto the scene, wining the AL rookie of the year award as well as making his first All-Star team. 8 In his first year with the A s Mr. Bailey attained career highs in wins, games appeared in, S, SO, IP, strike outs ( K ), opponents AVG, and WHIP. Mr. Bailey ranked inside the top 10 among relievers in the AL in S (9 th ), SO (9 th ), IP (3 rd ), and K (2 nd ). In addition, he was ranked 3 rd in ERA amongst top 20 save getters and 1 st in opponent AVG amongst the top 20 save getters. In his rookie campaign, Mr. Bailey established himself as the A s closer, registering 26 out of the Club s 38 SO over the season, while completely avoiding any

6 stints on the disabled list ( DL ). However, it is important to remember that the A s have already compensated Mr. Bailey for the 2009 and 2010 season. For purposes of this arbitration, the A s are compensating Mr. Bailey for his past 2011 season. After a successful rookie campaign, Mr. Bailey saw his production decrease in 2010 in part due to several stints on the DL. In 2010, Mr. Bailey was ranked 10 th or worse in the AL in almost every statistical pitching category. 9 He ranked 10 th in both S (25) and SO (28). 10 In addition, when pitted against the top 20 save getters in the AL, Mr. Bailey ranked 15 th out of 20 in IP (49.0) and 17 th out of 20 in strikeouts (42). However, Mr. Bailey was ranked first in ERA (1.47) amongst top the 20 save getters in the AL, and 7 th in opponent AVG (.199). Mr. Bailey was also selected to his second straight All-Star game. Again, it is important to remember that Mr. Bailey has already been compensated for his 2010 season. This past year was easily Mr. Bailey s most disappointing. He saw his ERA balloon up to 3.24 and opponents AVG rise to over.200 for the first time in his career. In addition, he was consistently ranked outside the top 10 in every major statically category for a closer and failed to make the All-Star team. Furthermore, Mr. Bailey appeared on the DL multiple times. Since 2009, Mr. Bailey has seen his production and his ability to remain healthy for a full season decrease. Due to the decrease in productivity and inability to remain healthy, the A s respectfully request that the panel award Mr. Bailey the Club s final offer of $2.85M Id. 4

7 IV. Past Player Compensation Year Team Salary 2009 Oakland Athletics $400, Oakland Athletics $435, Oakland Athletics $465,000 Upon being selected with the 188 th pick in the sixth round of the 2006 MLB draft by the A s, Mr. Bailey received a $135,000 signing bonus. 11 In April of 2009, the A s purchased Mr. Bailey s contract from AAA Sacramento. 12 Mr. Bailey s status under the reserve clause of the CBA during the first three years of his career gave him incremental progressions in player salary that follow the standards of MLB as illustrated above. 13 Mr. Bailey is now eligible for his first year of arbitration. Mr. Bailey s market value is best represented by the Club s last offer of $2.85M. This figure represents over a 500% raise from his 2011 salary. V. Comparative Baseball Salaries Carlos Marmol Carlos Marmol - Note: 09 is platform year; Career is average of first three years Career Andrew Bailey - Note: 11 is platform year; Career is average of first three years Career In 2010, Carlos Marmol ( Mr. Marmol ) avoided arbitration with the Chicago Cubs ( Cubs ) in his first year of arbitration eligibility by settling at the midpoint between both parties offers and signed a one-year $2.125M contract. 14 This figure represented a salary 11 htpp:// 12 Id

8 increase of just under 300% from his 2009 salary. In Mr. Marmol s 2009 platform year, he appeared in nearly double the amount of games as Mr. Bailey during his platform year, pitched roughly 33 more innings, struck out 52 more batters, and held opponents AVG to.170, nearly 50% lower than Mr. Bailey during his platform year. While Mr. Bailey s attained 9 more S than Mr. Marmol, and gave up 13 fewer earned runs, Mr. Bailey missed over 50 games due to injury, while Mr. Marmol missed fewer than five. Comparing Mr. Marmol s first three years in the league to Mr. Bailey s, and we have ERA s and hits surrendered that are almost identical. In addition, Mr. Marmol appeared in relief in 63 more games, pitched roughly 60 more innings, and attained roughly 125 more strikeouts. While Mr. Bailey registered 52 more saves than Mr. Marmol, Mr. Marmol s opponents career AVG of.158, is.37 lower than Mr. Bailey s.195 thus signifying that although Mr. Bailey attained more saves, Mr. Marmol was equally as effective at getting batters out. The one-year $2.85M contract that the A s have offered represents roughly a 500% increase from Mr. Bailey s 2011 salary. The A s have offered Mr. Bailey a salary increase of roughly 200% more than Mr. Marmol received from the Cubs. For the aforementioned reasons, the A s respectfully suggest that the panel award Mr. Bailey $2.85M for the 2012 season. 6

9 J.P Howell J.P Howell - Note: 09 is platform year; Career is average of first three years Career Andrew Bailey - Note: 11 is platform year; Career is average of first three years Career In 2010, J.P Howell ( Mr. Howell ) avoided arbitration with the Tampa Bay Devil Rays ( Rays ) in his first year of arbitration eligibility by signing a one year $1.8M contract. 15 This figure represented just over a 300% increase from his 2009 salary. In Mr. Howell s 2009 platform year, he appeared in relief in 27 more games, threw 25 more innings, struck out 38 more batters, held opponents batting average.21 lower, and had a lower ERA than Mr. Bailey during his 2011 platform year. Although Mr. Bailey saved 7 more games and gave up 6 fewer earned runs than Mr. Howell, Mr. Howell spent no time on the DL, in contrast to Mr. Bailey. After Mr. Howell s first year of his career, he moved into a relief role and in his third year (platform) into the permanent closer role, akin to Mr. Bailey. Mr. Howell moved into a relief role in a highly successful fashion. Although Mr. Howell s ERA and opponent s AVG as a reliever are very similar to that of Mr. Bailey s (3 year career), and even though Mr. Bailey has attainted more saves, in Mr. Howell s time as a reliever he has shown the penchant to appear in more games, throw more innings, and attain more strikeouts. The A s offer of $2.85M represents roughly a 500% increase from Mr. Bailey s 2011 salary, a salary increase of roughly 200% more than Mr. Howell received from the Rays. For the 15 Id. 7

10 aforementioned reasons, the A s respectfully suggest that the panel award Mr. Bailey $2.85M for the 2012 season. Juan Carlos Oviedo Juan Carlos Oviedo - Note: 09 is platform year; Career is average of first three years Career Andrew Bailey - Note: 11 is platform year; Career is average of first three years Career In 2010, Juan Carlos Oviedo ( Mr. Oviedo ) avoided arbitration with the Miami Marlins ( Marlins ) in his first year of arbitration eligibility by signing a one-year $2M contract. 16 This figure represented just under a 400% increase from his 2009 salary. In Mr. Oviedo s 2009 platform year he appeared in 33 more games, registered 2 more saves, struck out 19 more batters, and threw for 27 more innings than Mr. Bailey s 2011 platform year. Mr. Bailey s ERA and opponent s AVG were slightly better than Mr. Oviedo s in each of their respective platform years. In addition, while Mr. Oviedo gave up more hits and earned runs than Mr. Bailey, Mr. Oviedo spent far less time on the DL than Mr. Bailey. Like Mr. Howell, Mr. Oviedo was thrust into a reliever role after his first season in the league. In addition, like Mr. Bailey, Mr. Oviedo sustained lengthened trips on the DL early in his career. The A s recognize Mr. Bailey s edge in comparing career statistics with Mr. Oviedo; however, Mr. Bailey has already been compensated for his first two years in the league. Mr. Oviedo s platform year is very similar to Mr. Bailey s, whereby Mr. Oviedo s $2M 2009 contract represents a fair and accurate market value for Mr. Bailey. Still, the A s offer represents a salary

11 increase of roughly 100% more than what Mr. Oviedo received from the Marlins. For the aforementioned reasons, the A s respectfully ask the panel to award Mr. Bailey $2.85M. VI. The Existence of Mental or Physical Defects Mr. Bailey s entire career has been plagued by injuries. In college, Mr. Bailey underwent Tommy John surgery on his right shoulder (throwing arm). 17 After a rookie season (2009) that kept him off the disabled list, Mr. Bailey s injuries began to mount. In 2010, Mr. Bailey was put on the 15-day DL on July 30 th for a back injury that later resulted in him missing 28 games starting in August. In addition, Mr. Bailey missed the last 13 games of the 2010 regular season due to a right elbow (throwing arm) injury and had a clean up surgery at the end of the season. 18 This past 2011 season was easily Mr. Bailey s most problematic. On March 30, 2011 he was put on the 15-day DL for a right arm (throwing arm) injury and later missed 53 games for another right arm (throwing arm) injury. Mr. Bailey returned in September where he missed three games due to a head injury. 19 Although Mr. Bailey is scheduled to be healthy for the start of the 2012 season, his extensive injury history has shown his inability to remain healthy for a full season. The numerous injuries to his throwing arm (shoulder, arm, elbow) are both alarming and frightening. Since Mr. Bailey has appeared on the DL multiple times, and the potential for lingering injuries on his throwing arm is evident, the A s last best salary offer is reflective of his ability Id. 19 Id. 9

12 VII. Recent Performance of the Oakland Athletics The A s came into the 2011 season with modest expectations after finishing (missed playoffs) in 2010 and finished second in the AL West division. The A s finished the 2011 season with a disappointing (missed playoffs), third in their division. In fact, since being called up in 2009, where the A s finished 75-87; last in their division, the A s have not made the postseason while Mr. Bailey has been on the roster. In Mr. Bailey s breakout 2009 rookie season, the A s were last in total fan attendance with a gate count of 1,408, Furthermore, 2010 was not much better where they were second to last with a gate count of 1,418,391. Finally, this past 2011 season, the A s were last in MLB total fan attendance of home games finishing with a gate count of 1,476,792 for the season. In summary, as per the CBA 21, the panel must seriously consider the Club s disappointing performance and attendance rate during Mr. Bailey s tenure and respectfully request the panel to award Mr. Bailey the A s final offer of $2.85M for the upcoming season. VIII. Conclusion There is no doubt that Mr. Bailey has established himself as a strong piece of the A s bullpen. He burst onto the scene in 2009 making the All-Star game and obtaining the rookie-ofthe-year award. However, since that season, Mr. Bailey has seen a steady and consistent decrease in production and an increased propensity for injury, landing himself on the DL at least once per season. Despite his decrease in performance and his extensive injury history, the A s have offered Mr. Bailey a nearly 500% increase in salary. In closing, the A s respectfully request that the panel award Mr. Bailey the Oakland Athletic s final offer of $2.85M for the 2012 season MLB CBA, Art. VI, F, Part 12(a) 10

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