Alex Rodriguez Reuters

A-Rod will try to appeal to federal court, but he’s not likely to have success

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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.

Nationals will add Mat Latos to the roster on Thursday

ARLINGTON, TX - MAY 11:  Mat Latos #38 of the Chicago White Sox pitches against the Texas Rangers in the bottom of the first inning at Globe Life Park in Arlington on May 11, 2016 in Arlington, Texas.  (Photo by Tom Pennington/Getty Images)
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Thursday is September 1, which means rosters expand. As a result, the Nationals plan to promote pitcher Mat Latos to the major league roster, Ken Rosenthal of FOX Sports reports. Latos had an opt-out clause for Monday, but after discussing the matter with the team, he agreed to stay at Triple-A Syracuse until Thursday.

Latos, 28, put up a 4.62 ERA over 11 starts with the White Sox before being released in mid-June. Nearly two weeks later, he signed a minor league contract with the Nationals.

In the Nationals’ minor league system, Latos has made three starts for the club’s Gulf Coast League team as well as three for Syracuse. In aggregate, the right-hander has yielded six runs (four earned) on 20 hits and 10 walks with 28 strikeouts in 28 innings.

Latos will likely pitch out of a long relief role for the Nationals and can be used as starting rotation insurance as well.

John Gibbons texts Mark Buehrle, “You know, rosters expand in September.”

ST. PETERSBURG, FL - OCTOBER 2:  Mark Buehrle #56 of the Toronto Blue Jays pitches during the second inning of a game against the Tampa Bay Rays on October 2, 2015 at Tropicana Field in St. Petersburg, Florida.  (Photo by Brian Blanco/Getty Images)
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Mark Buehrle hasn’t officially retired, but he hasn’t thrown a pitch in professional baseball since last October. Still, the Blue Jays wouldn’t mind having some insurance, so manager John Gibbons recently texted Buehrle, “You know, rosters expand in September,” Sportsnet’s Ben Nicholson-Smith reports.

Buehrle’s response? He texted back a picture of a lake. Sounds like he’s not interested in making a return, at least this year.

Last year, at the age of 36, Buehrle went 15-8 with a 3.81 ERA with a 91/33 K/BB ratio in 198 2/3 innings while leading the league with four complete games. He fell 1 1/3 innings shy of a 15th consecutive 200-inning season. There are many worse ways to end a career.