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.
Sep 1, 2015, 6:51 PM EDT
It was a rather uneventful triple play as far as triple plays go, but cool and rare nonetheless …
Sep 1, 2015, 6:07 PM EDT
From beat writer Patrick Mooney of CSNChicago.com …
Sep 1, 2015, 5:17 PM EDT
Teixeira has started just one game since fouling a ball off his shin two weeks ago.
Sep 1, 2015, 4:54 PM EDT
Kelvin Herrera and Alex Rios are already infected and will could miss up to two weeks.
Sep 1, 2015, 3:41 PM EDT
Gordon missed two months with a groin injury.
Sep 1, 2015, 3:05 PM EDT
He deserves to be in already.
Sep 1, 2015, 2:39 PM EDT
Olivera was traded from the Dodgers to the Braves as part of July’s three-team, 13-player deal.
Sep 1, 2015, 12:14 PM EDT
Former Rookie of the Year and All-Star closer.
Sep 1, 2015, 11:50 AM EDT
Wait — he wasn’t with the Dodgers already?
Sep 1, 2015, 11:28 AM EDT
“It wouldn’t surprise me if Jessica’s a regular on Sunday, Monday or Wednesday night baseball, whenever the time comes,” Kruk said.
Sep 1, 2015, 10:30 AM EDT
It’s pretty nice. But it also cost $1.6M.
Sep 1, 2015, 10:15 AM EDT
He’s running out of time.
Sep 1, 2015, 9:40 AM EDT
At least he claims he did. Hmmmmm . . .
Sep 1, 2015, 9:10 AM EDT
Bananas: an essential element in Team Chemistry.
Sep 1, 2015, 8:44 AM EDT
Put differently: It ain’t so.
Sep 1, 2015, 7:25 AM EDT
Matt Williams wears sunglasses like this so you cannot tell that he is asleep.
Sep 1, 2015, 12:51 AM EDT
Ruggiano will provide some depth with Yasiel Puig and Enrique Hernandez on the disabled list.
Sep 1, 2015, 12:37 AM EDT
The Giants made a last-minute deal before the waiver trade deadline expired, picking up outfielder Alejandro De Aza from the Red Sox.
Aug 31, 2015, 11:35 PM EDT
Miller could use a little bit of luck these days.
Aug 31, 2015, 10:12 PM EDT
Olt was designated for assignment after the Cubs acquired Austin Jackson from the Mariners.
- Yankees reveal Mark Teixeira’s shin injury is “more than we thought” 8
- There’s a chicken pox outbreak in the Royals’ clubhouse and multiple players are infected 15
- Shoeless Joe Jackson is not being reinstated 57
- And That Happened: Monday’s scores and highlights 65
- Cubs acquire Austin Jackson from Mariners 22
- Unknown Cuban ballplayer sleeps outside of Dodger Stadium, hoping for a tryout 34
- And That Happened: Sunday’s scores and highlights 74
- Jake Arrieta no-hits the Dodgers with 12 strikeouts 32
- Sarah Palin sticks up for Curt Schilling, tells ESPN to “stick to sports” (266)
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (201)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (170)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (134)
- Phillies announcer calls Mets fans “obnoxious” (124)