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 20, 2014, 11:41 PM EDT
Yadier Molina is beginning to make some progress. Brian Stull of STL Baseball Weekly reports that the star catcher took swings in an indoor batting cage Wednesday at Busch Stadium for the first time since tearing the ulnar collateral ligament in his right thumb July 9 on an awkward side-swiping slide into third base.
Aug 20, 2014, 10:37 PM EDT
Mo’ne Davis and the South Philadelphia Taney Dragons took their first blow Wednesday evening in the double-elimination Little League World Series.
Aug 20, 2014, 9:59 PM EDT
Cubs shortstop Starlin Castro was a late scratch from Wednesday night’s game against the Giants because what was called a family emergency. Now the heartbreaking details are out …
Aug 20, 2014, 8:43 PM EDT
The Angels just got dealt a potentially-major blow. Garrett Richards — who has suddenly developed into an ace this season at age 26 — was taken off on a stretcher Wednesday evening at Boston’s Fenway Park after suffering what looked to be a very serious right knee injury in the bottom of the second inning of his start against the host Red Sox.
Aug 20, 2014, 8:15 PM EDT
Watch as Reds outfielder Billy Hamilton pulls off a sensational double play Wednesday in St. Louis …
Aug 20, 2014, 7:39 PM EDT
A sudden torrential downpour Tuesday night in Chicago — and complications with applying the tarp — left Wrigley Field unplayable even after four hours of maintenance by the grounds crew, so the Cubs were awarded a 2-0 victory over the visiting Giants because that was the score when was play was halted after the top of the fifth inning. The Giants protested, and it actually worked …
Aug 20, 2014, 7:14 PM EDT
Padres center fielder Cameron Maybin has officially been reinstated from his 25-game amphetamine suspension.
Aug 20, 2014, 6:21 PM EDT
Yankees ace Masahiro Tanaka was diagnosed in early July with a partially torn ulnar collateral ligament in his right elbow — the injury that almost always leads to Tommy John reconstructive elbow surgery — but he’s trying the rest and rehab route first and it’s actually going pretty smoothly so far.
Aug 20, 2014, 5:17 PM EDT
Wil Myers is off the disabled list after missing nearly three months with a fractured right wrist and the reigning Rookie of the Year winner is back in the Rays’ lineup.
Aug 20, 2014, 4:46 PM EDT
Over the weekend Carlos Beltran was cleared to play the outfield for the first time since May, but now his season-long elbow problems have returned and the 37-year-old has been scratched from the Yankees’ lineup.
Aug 20, 2014, 4:20 PM EDT
Swisher turns 34 years old in November and has two seasons remaining on his contract, at $15 million per year.
Aug 20, 2014, 3:30 PM EDT
He’s going to have his pick of landing spots, and Boston is just one of a zillion teams who would like him.
Aug 20, 2014, 3:15 PM EDT
Gerrit Cole’s lengthy minor-league rehab assignment is over and the Pirates have activated the former No. 1 overall pick from the disabled list for tonight’s start against the Braves.
Aug 20, 2014, 2:58 PM EDT
Joe Posnanski says the Royals’ plan is finally falling into place and has their fans believing they can get back to the glory days of the 1970s.
Aug 20, 2014, 2:50 PM EDT
Derek Holland’s minor-league rehab assignment has been a mixed bag, but after allowing four runs in his latest outing the Rangers left-hander proclaimed himself ready to rejoin the rotation.
Aug 20, 2014, 2:44 PM EDT
A nice gesture and some good customer service by the Cubs.
Aug 20, 2014, 1:31 PM EDT
Jenna and I talk about the tarp problem at Wrigley Field last night
Aug 20, 2014, 1:03 PM EDT
A long and rich tradition of giving up expensive things for a jersey number continues.
Aug 20, 2014, 12:48 PM EDT
No biggie, just two 42-year-old should-be Hall of Famers with a combined 20 All-Star game appearances and 1,023 career homers running into each other in the Des Moines, Iowa airport.
Aug 20, 2014, 12:16 PM EDT
When the Rockies declined their $4.25 million option on Rafael Betancourt and re-signed him to a minor-league deal the assumption was that he wouldn’t be a factor this season following Tommy John elbow surgery last August.
- Garrett Richards suffers ugly left knee injury 17
- Giants win protest, will complete rain-halted game at Wrigley Field on Thursday afternoon 30
- Royals might actually know what they are doing 27
- Curt Schilling reveals that he was diagnosed with mouth cancer, blames smokeless tobacco 70
- Clown shoes in Chicago: the Cubs grounds crew couldn’t get the tarp on the field 58
- And That Happened: Tuesday’s scores and highlights 69
- Tony La Russa denies that Kirk Gibson’s job is safe 22
- Pirates activate Andrew McCutchen from the disabled list 2
- Mike Matheny addresses turmoil in Ferguson: “It’s a sad situation. It’s a tough situation for our city” (127)
- Here’s today’s dose of barfy Derek Jeter sentiment (82)
- Let’s speed up the pace of play. But let’s not be gimmicky about it. Let’s just enforce the rules. (74)
- Curt Schilling reveals that he was diagnosed with mouth cancer, blames smokeless tobacco (70)
- And That Happened: Tuesday’s scores and highlights (69)