Jan 11, 2014, 12:26 PM EST
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.
Dec 17, 2014, 11:35 PM EST
According to CBS Sports’ Jon Heyman, the Orioles, Reds, and Mariners are among the possible landing spots for the 32-year-old free agent corner outfielder.
Dec 17, 2014, 10:18 PM EST
Jeff Samardzija, former Cubs starter and recent White Sox trade acquisition, was welcomed back to the Windy City prior to Tuesday night’s NHL game between the Chicago Blackhawks and visiting Minnesota Wild …
Dec 17, 2014, 9:24 PM EST
David Hernandez looked like a non-tender candidate after undergoing Tommy John reconstructive elbow surgery in April, but the Diamondbacks decided to keep him around …
Dec 17, 2014, 8:10 PM EST
Ken Rosenthal of FOX Sports reports that the Marlins, Braves, and Giants have all expressed interest in free agent starter Jake Peavy …
Dec 17, 2014, 7:02 PM EST
From CBS Sports’ Jon Heyman comes word that the Royals have agreed to terms on a two-year, $20 million free agent contract with Edinson Volquez.
Dec 17, 2014, 6:16 PM EST
A three-team, 11-player trade has been agreed upon between the Rays, Padres, and Nationals. It centers around outfielder Wil Myers.
Dec 17, 2014, 5:08 PM EST
He is expected to be able to resume baseball activities before Spring Training begins.
Dec 17, 2014, 4:16 PM EST
One-time Red Sox prospect trying to snag a bench gig.
Dec 17, 2014, 4:05 PM EST
If you don’t love Pedro Martinez there is no helping you.
Dec 17, 2014, 2:51 PM EST
Sticking together after seven seasons.
Dec 17, 2014, 2:31 PM EST
The pitcher denies there were issues. But now he’s off to Boston, so I guess it doesn’t matter.
Dec 17, 2014, 2:01 PM EST
Wil Myers’ replacement in Tampa Bay?
Dec 17, 2014, 12:53 PM EST
And if it blows up, it could impact the Jimmy Rollins trade too.
Dec 17, 2014, 12:30 PM EST
The Sox are getting themselves a handy reliever.
Dec 17, 2014, 12:12 PM EST
Seattle is looking for right-handed bats.
Dec 17, 2014, 11:53 AM EST
Right team, even if he picked the wrong position.
Dec 17, 2014, 11:15 AM EST
They’re getting lots of calls on him, though.
Dec 17, 2014, 11:10 AM EST
It appears as though it’ll only be a two-team trade, with Myers heading to San Diego.
Dec 17, 2014, 10:03 AM EST
Which could have some baseball implications
Dec 17, 2014, 9:46 AM EST
But he could start the home opener
- Royals sign Edinson Volquez for two years, $20 million 25
- Rays, Padres, Nationals agree to 11-player trade 80
- Sergio Romo re-signs with the Giants for $15 million 14
- So, apparently we’re sweating the Matt Kemp physical now 46
- The United States will seek to normalize relations with Cuba 143
- Marlins complete Michael Morse deal: two years, $16 million 19
- Padres, Rays, Mariners discussing trade involving Wil Myers 36
- It is perfectly clear that A-Rod is the Yankees’ DH. At best. So there will be no drama, right? 37
- Baseball’s highest-ranking Hispanic woman employee sues for discrimination (163)
- The United States will seek to normalize relations with Cuba (143)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (110)
- Done Deal: Yoenis Cespedes and two players traded to Detroit for Rick Porcello and a minor leaguer (105)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)