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.
Jul 29, 2014, 11:17 PM EDT
Bill Shaikin of the Los Angeles Times passes along the fantastic news that Vin Scully will return to the Dodgers’ broadcast booth for the 2015 season. It will be his 65th season calling Dodgers baseball.
Jul 29, 2014, 10:50 PM EDT
Yahoo Sports’ Jeff Passan wrote Tuesday afternoon that “sentiment among competing executives is unanimous” that the Red Sox will trade left-hander Jon Lester before Thursday’s July 31 deadline. And this news will only add to that thought.
Jul 29, 2014, 10:21 PM EDT
Watch as White Sox first baseman Jose Abreu slugs a two-run seventh-inning shot off new Tigers reliever Joakim Soria on Tuesday night at Comerica Park in Detroit …
Jul 29, 2014, 9:34 PM EDT
CBS Sports’ Jon Heyman heard from a Rays-connected source Tuesday that the Rays are “talking and willing” to trade ace left-hander David Price and the Cardinals and Dodgers are known to have interest.
Jul 29, 2014, 8:41 PM EDT
The Cubs made the curious decision to option reliever Neil Ramirez to Triple-A Iowa on Saturday despite his 0.96 ERA in 28 innings, but that option has now been voided and Ramirez has been transferred to the 15-day major league disabled list with a sore triceps.
Jul 29, 2014, 7:58 PM EDT
MLB.com’s Bryan Hoch reports that right-hander Michael Pineda threw a successful simulated game on Tuesday afternoon in front of manager Joe Girardi and has been cleared to begin a minor league rehab assignment later this week.
Jul 29, 2014, 7:03 PM EDT
FOX Sports’ Jon Morosi reported Monday that the Phillies have made ace left-hander Cole Hamels available ahead of Thursday’s July 31 trade deadline, but the asking price on him is apparently sky-high.
Jul 29, 2014, 6:20 PM EDT
Padres shortstop Everth Cabrera is back with the Padres for Tuesday’s series-opener against the Cardinals after missing nearly four weeks with a left hamstring strain.
Jul 29, 2014, 5:31 PM EDT
No ballplayer wants to fly to Birmingham, Alabama during the season for a very, very good reason.
Jul 29, 2014, 5:17 PM EDT
A strained neck put Justin Morneau’s comeback season on hold, but the Rockies have activated the first baseman from the disabled list for tonight’s game against the Cubs.
Jul 29, 2014, 4:58 PM EDT
And Bud Selig’s years-long effort to manage a quiet resolution of it is apparently a failure.
Jul 29, 2014, 4:46 PM EDT
Maybe this happens all the time and we just don’t hear about it, but Red Sox manager John Farrell admitted just now that the team has Brandon Workman lined up to start Wednesday’s game in case scheduled starter Jon Lester is traded before then.
Jul 29, 2014, 4:22 PM EDT
In what could throw a wrench into the Phillies’ plans to trade Marlon Byrd before Thursday’s deadline, the 36-year-old outfielder is out of tonight’s lineup after fouling a ball off his foot yesterday.
Jul 29, 2014, 3:54 PM EDT
A big named ace is likely to change uniforms this week.
Jul 29, 2014, 2:30 PM EDT
But . . . I was told Wahoo outrage was nothing but liberal white guilt . . .
Jul 29, 2014, 2:19 PM EDT
Pirates third baseman Pedro Alvarez’s throwing issues have gotten so bad–including an MLB-leading 21 of his 23 errors on throws–that Jenn Menendez of the Pittsburgh Post Gazette reports the team is starting to look into “the mental component to find the root of the problem.”
Jul 29, 2014, 1:30 PM EDT
The Sox are in last place and are going nowhere. Time to deal starters?
Jul 29, 2014, 1:00 PM EDT
He’s a braver man than I am. By that I mean Kershaw for going on Kimmel’s show.
Jul 29, 2014, 12:18 PM EDT
On the disabled list with a strained lat muscle, Pirates right-hander Gerrit Cole tossed five shutout innings Monday in a minor-league rehab start at Triple-A.
Jul 29, 2014, 11:50 AM EDT
Brandon Morrow was one of the league’s best starters in 2012, but he’s been an injured mess since then, including a current disabled list stint for a torn tendon in his right index finger.
- Dodgers announce Vin Scully will return for 2015 season 4
- Jon Lester scratched Wednesday amid trade speculation 7
- Rays are “talking and willing” to trade ace lefty David Price; Cardinals and Dodgers interested 27
- Phillies wanted Joc Pederson, Corey Seager, and Julio Urias from Dodgers for Cole Hamels 58
- Matt Cain is going to pay a visit to Dr. Andrews 4
- The Nationals and Orioles dispute over TV money is about to explode 78
- The Red Sox are expected to deal Jon Lester and the Pirates are a “dark horse” 36
- And That Happened: Monday’s scores and highlights 49
- Expert’s Corner: How to troll fans of all 30 teams (201)
- “Caucasians” t-shirts are hot sellers on Canadian Indian reservations (189)
- Verducci: baseball should think about an “illegal defense” rule to combat shifts (165)
- Must-click link: sexual depravity — and possibly rape — in the minor leagues (101)
- Ray Rice is awful, but let’s not pretend baseball has a great record on domestic violence (91)