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You did read the whole document didn't you CC? Just wondered if it was all contract law why they bothered to mention the chain of custody issues with the sample at all 
bianchigirl said:You did read the whole document didn't you CC? Just wondered if it was all contract law why they bothered to mention the chain of custody issues with the sample at all
If you mean "They" as CAS, they did not mention it at all.
Gusev's side claims it. CAS never mentions it in the finding.
I enjoyed reading it aside from awkwardness in reading a translation.
Swiss employment contract law is very tough on the issue of immediate termination.
CAS doesn't conclude that the test were invalid for any reason or that the conclusion that they were suspicious was wrong.
From the report;
The conclusions of Dr Rasmus Damsgaard as a result of the email of July 20, 2008 read as follows: "The urine test for EPO in combination with highly suspicious changes in blood profile couple are strong indicators of marrow stimulation caused by exogenous EPO or a substance with similar effect such as CERA. Based on these facts, the rider is considered suspicious of having used a banned substance by WADA "
CAS reponds;"Olympus sarl does not allege, nor demonstrates appreciation right, the results medical tests Mr. Vladimir Gusev is a violation of rules set by WADA or the UCI"
Then; "Given these factors, the formation holds that there was no proper grounds for with immediate effect terminated the employment contract of Mr. Vladimir Gusev. The simple Indeed, the admission of Olympus sarl, analyzes, including urine, the rider Gusev were suspicious does not authorize Olympus sarl terminate with effect Now the contract"
Part of his contract read; "12. Termination by the Company, (a) The Company may terminate this Agreement without notice or liability to injury in cases of gross negligence on the part of Cycling or suspension thereof in accordance with UCI regulations during the remaining term of the Agreement. By gross negligence should also hear the violation of national anti-doping standards in countries where the cyclist is participate in professional cycling event, the violation of UCI regulations or those National Federations, the Code of Conduct issued by the Agency World Anti-Doping Code of Conduct or the anti-doping policy of the Team
Like I said before, it appears they are saying just because you put this in the contract doesn't make it legal.
Instead they rely on a previous section of his contract.
"5. Rider's Condition or Medical and Drug Testing, (c): Under certain circumstances, the Company and the Team Rider may require to undergo drug and / or alcohol testing. When the Company and the Team have reasonable suspicion that Rider is using drugs, intoxicants, alcohol, narcotics, or any other controlled substance or performance enhancing substance, Rider may be Referred to a certified testing laboratory for completion of the tests."
But the team didn't send him out for a certified test. It was about due process.
If there were clear problems with chain of custody they would not have had to jump through all these hoops.
BTW. I'm with Gusev on this from the standpoint of a labor management dispute. If Astana was going to fire him, it was their problem to make it stick.
It does make me wonder how this affects how teams address the issue of a suspect rider.
thehog
BANNED
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Polish said:
LOL: Now we have trolling of a troll.Carboncrank said:Vino a calming influence. That's a good one.
After experiencing Lance and Boss Hog's "influence", Desert Storm would appear calming.
thehog said:
Looks like he is just selling his name to the sponsors to gain name/brand recognition. He has done an amazing job building a brand (along with whomever advises him). He is still a fraud, but the opinions of a bunch of cyclists no longer are relevant to the brand.
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More stroke material for the groupies.thehog said:
Of course the writers will get screwed.
http://www.foliomag.com/2010/demand-media-can-go-hell
CC you did a thorough job, congrats - interested in your opinion as to why a rider like Gusev with such negligible palmares was getting paid such a huge amount of money? His only successes have been in his own National championships and the Russian attitude to testing is, quite frankly, a joke - why Ekimov loved to go home in the off season
Race Radio said:
I hate to break it to you, but with ad revenues plummeting to put it very mildly, the whole business model is under intense pressure to lower costs or stop losing money. It's a sign of the times. Why, there are some posters who write as well or better for free than paid freelance writers. So who needs 'em?
it would have been less of a shock if publishers/content providers like demand could have gradually decreased expenses, but then again, that would have required advertisers to slowly decrease their ad budgets rather than slash them to the bone. Which they have done.
Look over to your right >>>> see all those fancy banners? [edit: aww right , UP and to the right!] {edit of edit: the gray area directly to the right is unsold ad space}
Does cn get anything if you don't click on them? Prolly not, and if they do, they are showing 1000's of each advertisers' banners for a very very small amount compared to a print mags' cpm rates. And if they do get paid per click (cpc), how much is it? And how many clicks are there? (Please don't click just for the fu2k of it.)
It's a whole new world, kids. But, to be fair, $15 a story is really almost nothing.... I can't wh0re myself for that kinda dough 'cause I can't fu2k that many times a day!
>>>>>>>>>> OK, last edit, and this time I mean it (I always used to say that to my coke dealer just to ease that sick look on his face when I show up) Check out the original vanity fair article. It's even worse than the folio article. Now you know why so many of those articles on about and ehow are such garbage, the writer is trying to bang out 2 an hour.
ravens said:I hate to break it to you, but with ad revenues plummeting to put it very mildly, the whole business model is under intense pressure to lower costs or stop losing money. It's a sign of the times. Why, there are some posters who write as well or better for free than paid freelance writers. So who needs 'em?
it would have been less of a shock if publishers/content providers like demand could have gradually decreased expenses, but then again, that would have required advertisers to slowly decrease their ad budgets rather than slash them to the bone. Which they have done.
Look over to your right >>>> see all those fancy banners? [edit: aww right , UP and to the right!] {edit of edit: the gray area directly to the right is unsold ad space}
Does cn get anything if you don't click on them? Prolly not, and if they do, they are showing 1000's of each advertisers' banners for a very very small amount compared to a print mags' cpm rates. And if they do get paid per click (cpc), how much is it? And how many clicks are there? (Please don't click just for the fu2k of it.)
It's a whole new world, kids. But, to be fair, $15 a story is really almost nothing.... I can't wh0re myself for that kinda dough 'cause I can't fu2k that many times a day!
>>>>>>>>>> OK, last edit, and this time I mean it (I always used to say that to my coke dealer just to ease that sick look on his face when I show up) Check out the original vanity fair article. It's even worse than the folio article. Now you know why so many of those articles on about and ehow are such garbage, the writer is trying to bang out 2 an hour.
I found something to agree with you on.
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Carboncrank said:
Or in your world CC no good turd goes unpolished
I wonder what US employment law says about the employment policy for the new mag as it seems obligatory you have had cancer - sorry refuse to say 'sufferer' or 'victim' not from misplaced sense of 'positivity' but because the people closest to me who've had the disease where definitely neither, but nor were they 'warriors' or 'fighters' or any of the other rather distrubing nomenclature that has become associated with this disease.
- Oct 27, 2009
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auscyclefan94 said:
Reminds me of a little-known show in the 80's called "Herman's Head" anyone remember? Anyways, anytime I say or do anything out of the ordinary my wife asks me what I was thinking. I just say "Herman's Head' and she let's it go. No luck for LA, but thought I'd share...
bianchigirl said:CC you did a thorough job, congrats - interested in your opinion as to why a rider like Gusev with such negligible palmares was getting paid such a huge amount of money? His only successes have been in his own National championships and the Russian attitude to testing is, quite frankly, a joke - why Ekimov loved to go home in the off season
keep in mind that the back salary they paid him was for 17 months. It works out to 468,996 in dollars per year. I can't say I know much about who gets paid what.
Didn't I read Albert is getting 12 million?
I guess you could say not everybody is on the team to win anything and he rode 2 year for Discovery before Astana. I guess Bruyneel thought there was something he was good enough at.
bianchigirl said:
"you're once, twice, three times a lady"
and what is wrong with "fighter"? what's so disturbing about that?
Race Radio said:
Damn right!!!! how dare those cancer patients. the nerve of them possibly finding some help, or some hope through livestrong. they've got some nerve using any and all resources to educate themselves about treatment choices, clinical trials, survivorship issues, and all that other candy-assed titty baby cancer crap. i'm with you buddy, they all suck!!!!
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patricknd said:
Save the "I love cancer" Rap. The article was about the .com, not .org.
The .com is used to put fuel in Armstrong's jet. The .org is used to get him appearance fees.
Race Radio said:
i don't think you love cancer, i think you are a small, bitter person who doesn't really care if one sick person gets some help from it because your feelings are what really matter.
think scooter's proud?
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