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.
Nov 21, 2014, 11:20 AM EST
Throwing problems forced a move away from third base.
Nov 21, 2014, 11:03 AM EST
It’s his fourth straight year helping homeless charities.
Nov 21, 2014, 10:47 AM EST
Pittsburgh has done great work recently turning around the careers of pitchers.
Nov 21, 2014, 10:30 AM EST
Not that that necessarily means anything.
Nov 21, 2014, 10:15 AM EST
Gutierrez posted a 3.96 ERA and 44/16 K/BB ratio in 64 innings.
Nov 21, 2014, 9:51 AM EST
Charges were dismissed against him in August. It now appears he’s heading for trial.
Nov 21, 2014, 9:26 AM EST
Hope this doesn’t bring you down.
Nov 21, 2014, 8:33 AM EST
I’d say “back by popular demand,” but I can’t find anyone, anywhere who demanded it.
Nov 21, 2014, 7:04 AM EST
The Dodgers get a potential solution for their setup man woes.
Nov 20, 2014, 11:55 PM EST
The White Sox claimed a potentially promising arm in Onelki Garcia on a waiver claim from the Dodgers.
Nov 20, 2014, 11:05 PM EST
The Pirates designated Ike Davis for assignment to make room on the 40-man roster.
Nov 20, 2014, 10:15 PM EST
The Mariners added some bullpen depth, claiming Edgar Olmos off waivers from the Marlins on Thursday.
Nov 20, 2014, 9:25 PM EST
The Padres and Royals made a trade ahead of the 40-man roster deadline.
Nov 20, 2014, 8:35 PM EST
The Rays are expected to eschew Jose Molina from their 40-man roster ahead of the midnight deadline.
Nov 20, 2014, 7:45 PM EST
Jose Canseco made up the whole thing about his reattached finger falling off and wanting to sell it on the Internet.
Nov 20, 2014, 6:55 PM EST
The White Sox are apparently one of three teams showing interest in free agent outfielder Melky Cabrera.
Nov 20, 2014, 6:05 PM EST
The Pirates picked up Pedro Florimon off waivers from the Nationals on Thursday evening.
Nov 20, 2014, 5:17 PM EST
Wheeler made his big-league debut this season when injuries wrecked the Yankees’ roster.
Nov 20, 2014, 4:46 PM EST
As recently as mid-September manager Walt Weiss was talking Nicasio up as a reliever for 2015.
Nov 20, 2014, 4:30 PM EST
Could a team that is unloading salary go nine-figures on an outfielder?
- Report: Red Sox offer Jon Lester six years, $110-120 million 69
- Report: “There is a 90 percent chance that Pablo Sandoval will sign with the Red Sox” 122
- A’s sign Billy Butler to three-year, $30 million contract 83
- Cardinals reportedly joining pursuit of Jon Lester 65
- Giancarlo Stanton’s contract is backloaded. REALLY backloaded. 148
- Braves and Cardinals swap Jason Heyward and Shelby Miller in blockbuster deal 157
- Blue Jays sign Russell Martin to five-year, $82 million deal 135
- Done Deal: Giancarlo Stanton and the Marlins agree on the biggest contract in baseball history 124
- Biggest deal in baseball history: Giancarlo Stanton close to 13-year, $325 million contract with Marlins (182)
- Braves and Cardinals swap Jason Heyward and Shelby Miller in blockbuster deal (157)
- Giancarlo Stanton’s contract is backloaded. REALLY backloaded. (148)
- Blue Jays sign Russell Martin to five-year, $82 million deal (135)
- Done Deal: Giancarlo Stanton and the Marlins agree on the biggest contract in baseball history (124)