Aug 14, 2013, 3:28 PM EDT
Sources directly connected to A-Rod tell us he’s prepared to march into Federal court next month … unless the 211-game suspension the MLB slapped him with last week isn’t entirely lifted … According to our sources, Alex will sue for various things, including a violation of the Collective Bargaining Agreement between the players’ union and the league.
Well, good luck with that, A-Rod, but you’re part of an arbitration process you agreed to when you signed your contract and to which you are further bound by the collective bargaining agreement between you and your union. If you attempt to circumvent that, a court is highly likely to tell you to take a hike and go have your arbitration. Courts favor arbitration agreements — highly favor them — when they are entered into freely and willingly between two sophisticated parties and they are loathe to intervene.
After your arbitration? Fine, appeal to a court. Then they are only about 99.9% likely to tell you to go away as opposed to the 99.999% likelihood of that happening now, but I suppose it’s not nothing.
This would be a totally different situation if Major League Baseball had first attempted to circumvent the Joint Drug Agreement by suspending A-Rod and not allowing him to play during his appeal. Everything the league is doing now, however, appears to be in compliance with the JDA and the CBA. They may have suspended him for too many games — that’s my view anyway — but that’s a dispute to be handled within the system, not by circumventing it with litigation.
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