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Contador Situation Remains Uncertain

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Just a short update on the state of the Contador-Astana relationship as of this morning. Feel free to add reports that you see throughout the day. So far, the most clear explanation I've seen comes from Joe Lindsey at the Boulder Report. I certainly recommend it for anyone interested in this story.

The relationship between Contador and his Astana team remains in question today, after a flurry of media reports yesterday that a UCI rule passed in July of this year could free him from his un-wanted contract with Astana. The rule allows for the termination of rider contracts if the team does not receive a pro tour license by October 20. According to reports in today's Spanish press, Contador's lawyers are studying the matter and are not certain that the path to freedom is as straightforward as some have presented it.

As Joe Lindsey points out in one of the more clear explanations of the situation to date, the precedent is not entirely clear on this issue. Pierrick Fédrigo, for example, tried to leave his Bouygues Télécom team after the team did not receive a pro tour license, but was prevented from doing so by French labor law. The UCI rule may also not apply to contracts signed before the rule came into force.

Unfortunately for us, who wait in suspense of the outcome of this story, we do not know the details of Contador's contract with Astana. It's also not clear which country's labor laws would govern the relationship and whether those laws conflict with the UCI rule. So we must wait still a bit longer before we know the eventual destination of the two-time Tour winner.

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I also wonder

if we’re overreacting to the UCI’s release. They have said “these teams have made the deadline,” but they have not definitively said that Astana did not. They simply omitted them from the list of teams about whom the UCI is prepared to make a positive announcement.

If the holdup is financial guarantee, then it may take more time beyond October 20 to decipher, but ultimately the UCI could come back on December 31st or whatever and say “the October 20 filing was sufficient.” As an attorney for a public entity, IMHO when public entities refrain from making positive judgments, it shouldn’t be taken as a negative judgment. When they do speak, they have to have a record in support of whatever they say, and may simply need more time.

I suspect an Astana contract is subject to either Belgian or Kazakh labor law, two subjects I could not know less about. The UCI’s ability to affect labor law is probably right up there with their ability to direct the grand tours.

"Harder! Better! Faster! Stronger!" Philippe Gilbert

by Chris Fontecchio on Oct 23, 2009 2:03 PM EDT reply actions  

No overreaction.

Astana didn’t file the essential documents, that’s why they weren’t on the list. There was no October 20th filing. From a Velo News article:

The Kazakh federation acknowledged problems in meeting the UCI’s October 20 deadline, attributing the delay to "geographical conditions, distance and time difference."

We don’t know if (a) the revision to Art 2.15.139 is applicable to contracts existing prior to July 1, 2009 and (b) assuming that the provision is applicable to AC’s contract, if the law applicable to AC’s contract will prevent him from exercising the termination right—my guess is that if the provision applies then the law of the nation won’t interfere with a contractual right. My guess is this will be sorted out rather quickly.

by MambaFan on Oct 23, 2009 3:10 PM EDT up reply actions  

Fedrigo

Fedrigo has to stay at Bouygues not because of French labor law but because he has a year remaining on his contract and he was mistaken in thinking that his contract was linked to the team having ProTour status. French labor law has NOTHING to do with it, the proof being that Bernaudeau says he was advised by the UCI as well as his comment “This isn’t football.” Either way, Bouygues and Cofidis both are auto-qualified for the 2010 Tour which of course is the most important thing for French teams and riders.

Also, the Grand Tours are not “ProTour stage races” as Lindsey suggests. And though ProTour rules apply here, the ProTour isn’t even close to being what the UCI originally envisioned. If Astana lose their ProTour license, they are still auto-qualified for the 2010 Tour barring new ethical issues. And RadioShack getting a ProTour license doesn’t in and of itself automatically qualify them for the 2010 Tour.

by Pete-CF on Oct 23, 2009 2:29 PM EDT reply actions  

Now you did it, Jens. There goes lunch.

I read that title and had to double check that it wasn’t The Onion.

by ursula on Oct 23, 2009 3:35 PM EDT up reply actions  

it's a twitter-find

Shane Stokes of CN posted the link

by Jens on Oct 23, 2009 4:04 PM EDT up reply actions  

If the link is to make any sense in an hour or so

Could someone competent to do so please post/link to a screen cap. :)

by andrewp on Oct 23, 2009 4:12 PM EDT up reply actions  

"moo"

I agree wholeheartedly.

"Harder! Better! Faster! Stronger!" Philippe Gilbert

by Chris Fontecchio on Oct 23, 2009 5:24 PM EDT up reply actions  

Karma's a bitch.

But think of what a great reality show it would make.

by ManBicycleThing on Oct 23, 2009 7:51 PM EDT via mobile up reply actions  

Cheers Willj

But it seems urgent action was unnecessary as unbelievably hours later the headline is still there despite the whole internet extracting the urine.

Hard to belive the same staff are capable of that when just last week they also produced a quite decent Review of the 2009 Cycling Season in Pictures – link (right click)

by andrewp on Oct 24, 2009 4:00 AM EDT up reply actions  

the telegraph

is the best-selling broadsheet paper in the uk, sigh

"well...you live in england so: you love the rain. loves the queen. hates cycling. based on mr bean had a tremendous amount of humour. all ride in a mini cooper. all getting drunk before the age of 12. getting drunk at least 3 times a day."- frinking, 7/9/09

by Ben Shave on Oct 23, 2009 3:43 PM EDT up reply actions  

The Shack Theme Song

"Reunited and it feels so good!"

Somehow this saga is going to be all Peaches ’n Herb in the end.

"Harder! Better! Faster! Stronger!" Philippe Gilbert

by Chris Fontecchio on Oct 23, 2009 3:45 PM EDT up reply actions  

stop it

someone from their editorial might be reading this. i don’t want to wake up to that headline in a couple of days

"well...you live in england so: you love the rain. loves the queen. hates cycling. based on mr bean had a tremendous amount of humour. all ride in a mini cooper. all getting drunk before the age of 12. getting drunk at least 3 times a day."- frinking, 7/9/09

by Ben Shave on Oct 23, 2009 8:22 PM EDT up reply actions  

So Alberto Contador is free to leave Astana… Aren’t RadioShack looking for a grand tour contender?

“about 10 hours ago from web”
http://twitter.com/saddleblaze/status/5093160204

by tedvdw on Oct 23, 2009 3:45 PM EDT up reply actions  

gotta get me some of that saddleblaze wallpaper,

just no Mark on mine thanks (sorry Cav),
all Fiorella for me please (as in Migliore).

by peterfish on Oct 23, 2009 3:51 PM EDT up reply actions  

UCI Confirms it.

From the article:

The UCI have now confirmed that riders from the five teams concerned may indeed look for other teams if they so wish. “If Alberto Contador leaves tomorrow, we can only say that this option would be complying with our rules,” confirmed UCI spokesman Enrico Carpani to Cyclingnews on Friday evening.

The article in question, 2.15.139, article 8.1.f, was newly introduced in July. It states, “if, on 20 October of the year preceding a year of registration covered by the present contract, the UCI ProTeam has not submitted a registration file containing the essential documents,” the rider may terminate the contract “without notice or liability for damages”.

Carpani said that it came about after the French H2O team was denied Professional Continental status last year. He explained that this refusal prompted the rule; if riders have to wait until after November 20th and then learn that the team registration has been refused, they are left in a difficult position in terms of finding an alternative deal.

“In our opinion, if you are a rider, you have to right to know if your position is safe or not,” he said. “This gives riders one extra month to decide what they have to do for their future.”

by MambaFan on Oct 23, 2009 3:31 PM EDT reply actions  

Fixed your post

For some reason the UCI didn’t work. Let me try again.

by ursula on Oct 23, 2009 3:36 PM EDT up reply actions  

and before anyone talks about a certain Schleck leaving.. SaxoBank is safe!!!

No-one leaving SexyBank

"the rest was over 30. And that doesn't mean old and useless, but experienced and with the stamina"

Jens! Voigt, Crit Intl Interview, 2009

by CycleGirl on Oct 23, 2009 5:17 PM EDT up reply actions  

Nees Flash!

Andy Schleck is leaving Saxo! Going to Astana!

by ursula on Oct 23, 2009 5:25 PM EDT up reply actions  

with Lance!

and Ullrich!

"Harder! Better! Faster! Stronger!" Philippe Gilbert

by Chris Fontecchio on Oct 23, 2009 5:26 PM EDT up reply actions  

Ohh, How i would cry like a bitch if that happened!!

"the rest was over 30. And that doesn't mean old and useless, but experienced and with the stamina"

Jens! Voigt, Crit Intl Interview, 2009

by CycleGirl on Oct 23, 2009 6:19 PM EDT up reply actions  

Lance to Liquigas!

There, I said it.

"Harder! Better! Faster! Stronger!" Philippe Gilbert

by Chris Fontecchio on Oct 23, 2009 6:33 PM EDT up reply actions  

I have the theme song for this mess, it is

“Love Long Distance”, by the band “Gossip”
link to the metacafe video here

some of the lyrics highlights are . . .
Been Across the whole Atlantic
And back again
I had it with your antics
Your childish games
Love long distance
Is testing me trying my patience
I need more of your assistance now
You’re making me crazy
The way that you’ve been acting lately
When I need you, you can’t be found
I want someone who’s around for me
Does it have to be so complicated?
Either way I’m devastated
I could use a little comforting
And I will Thank you for your cooperation
Stop playing with me

by peterfish on Oct 23, 2009 3:37 PM EDT reply actions  

And the first act of this drama has ended...

Contador + others can leave Astana because they failed to file all paperwork by Oct 20th. UCI says it’s okay, as noted by MambaFan above.

Can we now take wagers on which other team he’ll end up on?

by Douglas Ansel on Oct 23, 2009 3:50 PM EDT reply actions  

Indeed

If there’s ambiguity, and he can renegotiate his deal, then why move?

"Harder! Better! Faster! Stronger!" Philippe Gilbert

by Chris Fontecchio on Oct 23, 2009 3:56 PM EDT up reply actions  

I doubt he has faith in the ASO and Vino getting along all that well.

Don’t think money was ever the issue, and I don’t think having a team working entirely for him was the whole reason earlier. Since Bruyneel et al left, Astana reeks of old-school Astana. Kind of like Astana circa 2008.

by Douglas Ansel on Oct 23, 2009 4:00 PM EDT up reply actions  

And here I am not minding that. The no Tour invite that is.

Let him do the Giro/Vuelta double again. I’m copasetic with that.

by ursula on Oct 23, 2009 4:51 PM EDT up reply actions  

if that means happy

then i agree

"well...you live in england so: you love the rain. loves the queen. hates cycling. based on mr bean had a tremendous amount of humour. all ride in a mini cooper. all getting drunk before the age of 12. getting drunk at least 3 times a day."- frinking, 7/9/09

by Ben Shave on Oct 23, 2009 8:23 PM EDT up reply actions  

i think you mean 2007, not 2008

"Wizard's first rule. People are stupid. They will believe anything they want to be true or fear to be true." -- Terry Goodkind

by umwolverine on Oct 24, 2009 8:59 AM EDT up reply actions  

"why move?" Really?

He is sooo gone now, please, you guys, seriously.

No horn, watch for finger.

by sminer on Oct 23, 2009 4:58 PM EDT up reply actions  

If I were a betting woman,

that’s where my money would be, too. Seriously.

by Lou... on Oct 23, 2009 4:08 PM EDT up reply actions  

Wherever it is,

I bet it will take us at least a week to hear it. Contador esta muy tranquilo.

by Douglas Ansel on Oct 23, 2009 4:12 PM EDT up reply actions  

+1

"How strange it was to see men doing something beautiful. Something pointless and elegant." Tim Winton, 'Breath'

by Seahorse on Oct 23, 2009 9:21 PM EDT up reply actions  

That's the spirit.

Te peloton should let us here at PdC make up the teams!

Hmmm. That actually could be a fun thing to do this winter.

by ursula on Oct 23, 2009 5:26 PM EDT up reply actions  

Deserves a post

Maybe not the full roaster, just a 9 man team for a race. Let’s say P-R

My team is the following:

1.I am the leader
2. I connect (a rope or something) to Cance’s bike, he pulls me for 100km.
3. Hincapie & Fat Schleck crashes while our team is at the front, let’s say getting into Arenberg forest all the peloton is on the floor now. Except for 7 of Perezbike Team members. Cance is down. He was too tired to make it to the front.
4. I connect to Boonens bike for another 100 Km.
5. Lance (yes in P-R) says I have a lot to learn and pulls me for some more Km while a gap opens during a headwind period.
6 I connect to Mark renshaw’s bike. The Perezbike Team train is now formed. We are on the Velodrome.
7 Mark pulls off, Cav get’s me to the line.
8. I win Roubaix
9 I celebrate with Wiggo (yes he is on my team too)

Boonen and Richard Gasquet are also on my celebration party. Apparently there are some suspicios girls kissing them.

Your bike doesn't want to crash so relax and let it roll!!!

by perezbike on Oct 23, 2009 6:36 PM EDT up reply actions  

yes!

we must do this :-)

put it on your list thingy of silly things to do in december when we’re bored. or next week. because we might be bored already by then.

by Jen See on Oct 23, 2009 9:38 PM EDT up reply actions  

Comment of the week

Inspired stuff Ted.

"Harder! Better! Faster! Stronger!" Philippe Gilbert

by Chris Fontecchio on Oct 23, 2009 5:28 PM EDT up reply actions  

Ha!

That was exceedingly well-played.

by Jen See on Oct 23, 2009 9:38 PM EDT up reply actions  

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