April 1, 200422 yr Posted on Thu, Apr. 01, 2004 MARLINS NOTEBOOK Union might contest Banks' release By CLARK SPENCER cspencer@herald.com Two days after discovering his injured knee would require arthroscopic surgery, Brian Banks was released Wednesday by the Marlins -- and a grievance on his behalf could be forthcoming from the players' association. ''The union contacted me, and we understand it may file a grievance,'' Banks said. ``I can say yes, they definitely will.'' The basic labor agreement prohibits teams from releasing players because injury. If a grievance is filed and goes to arbitration, the Marlins could argue that Banks, who has struggled this spring, would have been released anyway. Wednesday was the last day teams could release players without having to pay their full salaries. Florida offered Banks, a reserve outfielder who was signed for $400,000 for the coming season, a minor-league contract and termination pay equal to 45 days, or $100,000. Releasing Banks opens a spot for the Marlins to add a nonroster invitee such as Damion Easley, Lenny Harris or Matt Perisho to the 40-man roster. ''These are tough decisions, and we would like to keep him in the organization,'' general manager Admin Beinfest said. ``But we feel we are following the basic agreement.'' Banks, who was hitting .161 this spring before an MRI exam revealed loose bone fragments in his right knee, said he understands the Marlins' decision from a business standpoint and harbors no hard feelings. But he said the union indicated it would set a bad precedent if it did not act. ''I can appreciate and understand it in a business sense,'' Banks said. ``For that reason, I don't have any hard feelings. I can't bad-mouth the organization. I plan on attending the [World Series]ring ceremony.'' Banks hasn't decided whether to accept a minor-league deal with the Marlins, but indicated he was leaning in that direction. ''The Marlins would be my first consideration,'' he said. Banks is scheduled to undergo surgery Friday. MUCH HAS CHANGED With Banks out of the picture, there's a strong chance the Marlins will have just 11 players on this year's opening-day roster who were on it last year, but 16 who were on the postseason roster. The probable holdovers from opening day 2003: Luis Castillo, Alex Gonzalez, Mike Lowell, Mike Mordecai, Juan Pierre, Mike Redmond, Ramon Castro, Josh Beckett, Brad Penny, Carl Pavano and Michael Tejera. BURNETT TO THROW OFF A MOUND SATURDAY A.J. Burnett is scheduled to resume throwing off a mound Saturday as he works his way back from reconstructive elbow surgery. Burnett anticipates a late-May or June return. The right-hander was working off a mound until three weeks ago when his rehab schedule was put on hold after scar tissue came loose in his right elbow. ''I was feeling so good, we were figuring it wouldn't happen,'' Burnett said of the scar tissue, which he was told usually comes loose seven or eight months after surgery. Burnett was 10 months removed from surgery. ''We figured we were past it,'' he said. I dont think the Union will win this one because most people were speculating already that Banks was going to get released anyways. Glad to see Burnett moving back up and getting ready to throw off a mound again. Article
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