Jan 11, 2014, 12:26 PM EDT
In the wake of Alex Rodriguez’s 211-game suspension being reduced to 162 games, he said that he plans to appeal the decision to federal court. This is not unexpected, but I also believe that it will be a waste of his time and his money.
Arbitration is chosen by parties for the express purpose of avoiding litigation. Courts are well aware of this. And in order to not undermine the integrity of arbitration awards, they very, very rarely overturn them. Indeed, The Federal Arbitration Act provides the grounds for review of an arbitration decision. Such review is limited to overturning awards obtained by corruption or fraud. Or where the arbitrator himself is shown to be corrupted or to have engaged in misconduct of some kind or has shown a “manifest disregard for the law.” Federal courts do not look at the facts and evidence anew and substitute their judgment for that of the arbitrator.
If there was any doubt about this at all, one merely peruse the trilogy of seminal decisions by the U.S. Supreme Court on the matter — Steelworkers v. Warrior & Gulf Navigation Co, Steelworkers v. Enterprise Car and United Paperworkers v. Misco — and they can see how tall and steep a hill A-Rod has to climb:
Federal courts should decline to review the merits of arbitration awards under collective bargaining agreements . . . The question of interpretation of the collective bargaining agreement is a question for the arbitrator, and the courts have no business overruling his construction of the contract merely because their interpretation of it is different from his.
Collective bargaining agreements are governed by the Labor Management Relations Act. Under the LMRA, review of an arbitrator’s decision is even more limited. Courts cannot look at the case anew to decide if the collective bargaining agreement was followed or if the evidence was misinterpreted. They may only overturn the decision if the arbitrator clearly abused his authority and went way, way out on a limb. It’s hard to see A-Rod making that case here, even if a 162-game suspension seems a bit . . . random. Or, more to the point: calculated to have A-Rod gone for a certain length of time as opposed to reflecting the actual severity of the offense.
So go ahead, A-Rod: sue in federal court if you want. But you will waste your money. You will likely not get any help from the union — which, when MLB made noises about appealing the favorable arbitration ruling Ryan Braun received following his 2011-12 suspension, strongly stated such a move was ill-advised — and, most importantly, you will almost certainly lose.
Oct 30, 2014, 12:49 PM EDT
A look at the tough calls the Royals will have to make following their World Series run.
Oct 30, 2014, 12:16 PM EDT
“He’s 20 years old. We think a lot of him and he has a bright future.”
Oct 30, 2014, 11:48 AM EDT
Mathis a career .196 hitter and has never topped a .650 OPS in nine seasons as a big leaguer.
Oct 30, 2014, 11:17 AM EDT
He’s the longest-tenured Royal, but his production has slipped.
Oct 30, 2014, 10:35 AM EDT
“Obviously, he definitely would have been one of our starters.”
Oct 30, 2014, 10:20 AM EDT
Asked about his free agency, Panda only says: “I’m just going to celebrate.”
Oct 30, 2014, 9:50 AM EDT
Bochy has navigated the path to World Series crowns in 2010, 2012 and now 2014. In the process, the Giants have dispatched 10 consecutive postseason foes.
Oct 30, 2014, 9:20 AM EDT
There was no bitterness as Royals hitters talked about the mastery of Madison Bumgarner in this World Series.
Oct 30, 2014, 7:25 AM EDT
History’s Greatest Monsters were happy for different reasons last night.
Oct 30, 2014, 12:32 AM EDT
As he has done for a decade, really.
Oct 30, 2014, 12:15 AM EDT
The champagne and beer is flowing in the visitors clubhouse at Kauffman Stadium following the Giants’ Game 7 win …
Oct 30, 2014, 12:11 AM EDT
A breakdown of Alex Gordon’s two-out hit in the bottom of the ninth.
Oct 29, 2014, 11:57 PM EDT
Here’s the final out of Wednesday night’s Game 7 that secured the Giants’ eighth World Series title …
Oct 29, 2014, 11:44 PM EDT
A postseason legend is born
Oct 29, 2014, 11:37 PM EDT
Madison Bumgarner threw five scoreless innings to close out Game 7 on Wednesday night at Kauffman Stadium and allowed just one run in 21 total frames during the 2014 World Series
Oct 29, 2014, 11:20 PM EDT
Madison Bumgarner gets the win. And becomes a legend.
Oct 29, 2014, 10:55 PM EDT
Giants ace Madison Bumgarner broke Curt Schilling’s postseason innings record in the bottom of the fifth inning. And now Alex Pavlovic of the San Jose Mercury News shares this nugget …
Oct 29, 2014, 10:19 PM EDT
Giants ace Madison Bumgarner entered Game 7 of the World Series in the bottom of the fifth inning. He allowed a single to the first batter but got out of that threat and set a new MLB record in the process …
Oct 29, 2014, 10:01 PM EDT
Here’s a cool photo from the Associated Press of the well-executed flip from Giants second baseman Joe Panik that started a huge doubleplay in the bottom of the third inning of World Series Game 7 …
Oct 29, 2014, 9:24 PM EDT
Imagine if they had this technology in 1985 …
- Bochy’s championship resume ranks among game’s best 9
- Alex Gordon would have been a dead duck had he tried to score 66
- Video: Pablo Sandoval catches final out in foul territory, Giants win 2014 World Series 9
- Madison Bumgarner pitches the Giants to their third World Series win in five seasons 86
- Madison Bumgarner named World Series MVP … obviously 20
- Pablo Sandoval sets new postseason hits record 10
- There’s nothing better than a Game 7? Well, maybe there is. 23
- Report: Cubs hire Joe Maddon as manager 72
- A veteran says enough is enough when it comes to tributes for the soldiers (280)
- Jose Canseco shot his middle finger off (147)
- Shocker! Joe Maddon to opt out of his contract and leave the Rays (142)
- Oscar Taveras dies after car accident in the Dominican Republic (140)
- 10-0! The Royals romp, tie it up at three games a piece (109)