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.

Masahiro Tanaka throws a Maddux

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You do know what a Maddux is, right? In case you forgot, it’s a complete game shutout in which the starter throws fewer than 100 pitches. Friend of HBT Jason Lukehart invented that little metric and, because Greg Maddux is my favorite player ever, it’s pretty much my favorite stat ever.

In the Yankees-Red Sox game tonight it was Masahiro Tanaka doing the honors, tossing 97-pitch three-hitter in which he only allowed one runner to reach second base to beat Boston 3-0. He only struck out three but he didn’t walk anyone. He retired the last 14 batters he faced.

Chris Sale was no slouch himself, striking out ten in eight innings. He’s pitched great this year but he’s not getting any help. The Sox have only scored four runs in his five starts. Boston has scored only 13 runs in their last seven games. They’ve been shut out three times in the past seven. They scored more runs than anyone last year, by the way.

The game only took two hours and twenty-one minutes. Or, like, half the time of a Yankees-Red Sox game in the early 2000s. Progress, people. We’re making progress.

Shelby Miller has a tear in his UCL, considering Tommy John surgery

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Nick Piecoro of the Arizona Republic reports that Diamondbacks pitcher Shelby Miller has a tear in his ulnar collateral ligament and is considering undergoing Tommy John surgery. Surgery would end Miller’s 2017 season and would cut into a significant portion — if not all — of his 2018 season as well.

Miller sent his MRI results to Dr. Neal ElAttrache and Dr. James Andrews for second and third opinions, respectively. He could choose to rehab his elbow rather than undergo surgery, but that comes with its own set of positives and negatives.

Miller lasted only four-plus innings in his most recent start on Sunday and carries a 4.09 ERA on the season, his second with the Diamondbacks. His time in Arizona has not gone well.