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What type of scenario? The cba has a drug policy that dictates what is considered a violation and repurcussions for a violation. The teams and players are required to follow it and can't make up the their own - basically the entire premise of collective bargaining. You're outlining and agreeing to the rules that are to apply to everyone vs being able to do one-off arrangements in areas specifically covered by it.
Well, I think that could be a little tricky.
The CBA allows for special agreements between players and teams as long as they are not
inconsistent with the CBA. So, if you can picture a spectrum of sorts...
Agreements totally contradictory to CBA<......>Something Else<......>Agreement on something totally unaddressed by CBA
Something on the left might be something like "the player is not suspended if he fails a drug test". That's totally contradictory and clearly inconsistent with the CBA.
Something on the right might be something like "the player's son Jack's baseball team gets free hats" or maybe "the player can't visit Las Chicas Locas Strip Club on 45th St. during the season" or whatever...you get the idea. Something the CBA doesn't even contemplate. Something that, to me, seems clearly not inconsistent with the CBA.
But you have the gap in the middle when an agreement is made on something contemplated to some extent within the CBA, but isn't clearly contradictory. That something could be "drugs" and that agreement might be something like "if the player is deemed to have failed to comply with his treatment program pursuant to the Drug Agreement, he will be punished according to the Drug Agreement. But further, if there is sufficient evidence to suggest the player has used drugs, even if he's not found uncompliant, he is subject to team discipline" Or something like that. I'm sure there are holes in that example, but y'all must see what I mean.
Is that "inconsistent"? Eh. Maybe, I can definitely see the argument for why it is, but I can see the argument for why it isn't inconsistent.
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My guess is the language requires him to fail a drug test.
What language?
I posted earlier that the language of the Drug Agreement does not require a failed test in order for a player to be suspended.
The "special language" of the Halos contract? Moreno probably wouldn't be pointing to that at this point, as Hamilton would have been punishable under the Drug Agreement if he failed a drug test. Barring the Angels setting up their own testing program...which to me would sound contradictory the Drug Agreement.
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If the language were in there otherwise, Moreno wouldn't need to be seeking legal counsel.
Anytime you're contemplating trying not to pay someone who would otherwise by owed millions, and an arbitor has already shut down punishing that someone under some other contract, you absolutely seek legal counsel.
If the 'special terms' are something mushy like "probable cause" or "sufficient" or "conducting unbecoming" or something of that cut, you damn well better talk to legal counsel.
p.s. Moreno might be talking out of his ass. I'm not saying he's right on this matter.