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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.

Orioles defeat Blue Jays to move into Wild Card tie, eliminate Yankees and Astros from Wild Card contention

BALTIMORE, MD - SEPTEMBER 21:  Starting pitcher Ubaldo Jimenez #31 of the Baltimore Orioles throws to a Boston Red Sox batter in the first inning at Oriole Park at Camden Yards on September 21, 2016 in Baltimore, Maryland.  (Photo by Rob Carr/Getty Images)
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The Orioles beat the Blue Jays again on Thursday evening, 4-0, and in doing so eliminated the Yankees and Astros from contention in the American League Wild Card race.

The offense pecked away with a run in each of the third, fourth, seventh, and eighth innings. Starter Ubaldo Jimenez limited the Jays to one hit and three walks with five strikeouts over 6 2/3 scoreless innings. Donnie Hart got the final out of the seventh. Brad Brach dominated with two scoreless innings to finish out the ballgame.

The Orioles and Blue Jays are now tied for the first and second Wild Card slots in the AL. The Tigers’ game with the Indians was postponed due to rain and they now sit 1.5 games behind both the O’s and Jays. The Mariners and Athletics game will begin shortly with the Mariners 2.5 games behind.

Report: Rockies haven’t discussed contract extension with Nolan Arenado

LOS ANGELES, CA - SEPTEMBER 23: Nolan Arenado #28 of the Colorado Rockies runs the bases after hitting a solo homerun in the sixth inning against the Los Angeles Dodgers at Dodger Stadium on September 23, 2016 in Los Angeles, California.  (Photo by Lisa Blumenfeld/Getty Images)
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In a mailbag published on Thursday, Patrick Saunders of the Denver Post says he has spoken with Arenado and his agent from the Wasserman Media Group. Based on that, he says the Rockies have not broached the subject of a contract extension with the All-Star third baseman.

Arenado will enter his second of four years of arbitration eligibility after earning $5 million for the 2016 season. He’s due to a hefty pay raise and will continue on that track into free agency after the 2019 season. It may behoove the Rockies to get extension talks started sooner rather than later. Saunders, however, thinks that Arenado wants to see if the Rockies become contenders in the next two seasons before signing the dotted line.

Arenado, 25, enters Thursday’s action batting .293/.361/.567 with 40 home runs, 130 RBI, and 112 runs scored in 678 plate appearances. His 40 homers is best in the National League and the 130 RBI are best in the majors. He has an argument for winning the National League Most Valauble Player Award.