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.
Aug 4, 2015, 6:32 PM EDT
Tigers owner Mike Ilitch cut ties with longtime general manager Dave Dombrowski on Tuesday afternoon, but it doesn’t sound like anybody else is on the chopping block yet.
Aug 4, 2015, 5:20 PM EDT
After arriving in 2002, Dombrowski rebuilt an organization that was an utter dumpster fire.
Aug 4, 2015, 5:01 PM EDT
Martin heads back to the minors as a 27-year-old with nearly 1,500 plate appearances as a big leaguer.
Aug 4, 2015, 4:14 PM EDT
A shocking announcement from the Tigers today.
Aug 4, 2015, 3:45 PM EDT
He has a strained forearm.
Aug 4, 2015, 3:12 PM EDT
No Royals were suspended.
Aug 4, 2015, 3:00 PM EDT
He calls it a “hail Mary”
Aug 4, 2015, 2:46 PM EDT
In between the DL stints Freeman played just 10 games.
Aug 4, 2015, 1:19 PM EDT
He played two games for the Yankees.
Aug 4, 2015, 12:27 PM EDT
Incredible numbers for a 20-year-old shortstop.
Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash”
Aug 4, 2015, 11:44 AM EDT
Gregg Zaun, as always, providing a voice of reason.
Aug 4, 2015, 10:30 AM EDT
He’s pitcher number two they received in the David Price deal.
Aug 4, 2015, 10:15 AM EDT
“I only have one head.”
Aug 4, 2015, 9:48 AM EDT
Not having access to athletes and coaches would be a bummer at first, but over time the press would do just fine with it.
Aug 4, 2015, 8:44 AM EDT
Congratulations to Mike Hessman. The greatest minor league lifer of them all.
Aug 4, 2015, 8:02 AM EDT
A.J. Pierzynski is a national freakin’ treasure.
Aug 4, 2015, 7:22 AM EDT
A few weeks ago I had no idea what an Adonis Garcia even was.
Aug 3, 2015, 11:01 PM EDT
Rangers third baseman Adrian Beltre hit for the cycle tonight against the Astros. And he needed just five innings to do it.
Aug 3, 2015, 10:25 PM EDT
It’s August 3 and the Mets are all alone in first place in the National League East.
Aug 3, 2015, 10:03 PM EDT
Mike Hessman is the new minor league home run king.
- Brad Ausmus receives a vote of confidence from new Tigers general manager Al Avila 0
- Title or no title, Dave Dombrowski’s tenure in Detroit was a success 16
- Dave Dombrowski out as Tigers General Manager, team president; Al Avila takes over 50
- Blue Jays’ Aaron Sanchez, John Gibbons disciplined in the wake of Sunday’s plunkings 62
- Believe the hype: Carlos Correa is already a superstar 30
- Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash” 93
- And That Happened: Monday’s scores and highlights 55
- Adrian Beltre needs just five innings for the third cycle of his career 16
- The benches cleared in Friday’s Giants-Rangers game (208)
- Blue Jays acquire David Price from the Tigers (113)
- Rangers land ace left-hander Cole Hamels from Phillies (106)
- Royals make another big move, get Ben Zobrist from A’s (95)
- Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash” (93)