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

45 Comments

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.

Theo Epstein named The World’s Greatest Leader

Getty Images
6 Comments

Fortune Magazine has put out a list of The World’s Greatest Leaders. Not the greatest business leaders, not the greatest leaders in a given industry, but the Greatest Leaders, full stop. The greatest according to Fortune: The Cubs’ Theo Epstein.

For some context, Pope Francis was third. Angela Merkel was 10th. Lebron James was the next greatest sports leader, ranked 11th. Take Fortune’s methodology with a grain of salt, however, given that it has John McCain above Merkel — what, exactly, does he lead now? — and Samantha Bee in the top 20.

So what makes Theo the world’s best leader according to Fortune?

The Cubs owe their success to a five-year rebuilding program that featured a concatenation of different leadership styles. The team thrived under the affable patience of owner Tom Ricketts, and, later, under the innovative eccentricity of manager Joe Maddon. But most important of all was the evolution of the club’s president for baseball operations, Theo Epstein, the wunderkind executive who realized he would need to grow as a leader in order to replicate in Chicago the success he’d had with the Boston Red Sox.

I don’t want to take anything away from what Theo has done — he’s a Hall of Fame executive already in my view — but I feel like maybe one needs to adjust for the fact that this is a baseball team we’re talking about. They’re the whole world to us and their brands are nationally and even world famous, but as an organization, sports teams are rather small. There are guys who run reasonably-sized HVAC companies with more employees than a baseball team and they don’t get the benefit of an antitrust exemption and a rule which allows them to get their pick of the best new employees if they had a bad year the year before.

Really, not trying to throw shade here, just thinking that being the spiritual father for 1.2 billion Catholics or running a foundation that serves 55 million needy children — like the woman who comes in at number 14 — is a bit of a tougher trick.

But this will make a great framed magazine article on Theo’s wall in Wrigley Field.

 

 

Marcus Stroman named World Baseball Classic MVP

Denis Poroy/Getty Images
13 Comments

United States starter Marcus Stroman was named Most Valuable Player of the World Baseball Classic after helping lead the U.S. to its first ever WBC title on Wednesday night in an 8-0 victory over Puerto Rico. Stroman flirted with a no-hitter through six innings, but gave up a double to lead off the seventh before being relieved by Sam Dyson.

Stroman also pitched 4 2/3 scoreless innings against the Dominican Republic in Pool C play on March 11. He struggled in Pool F play against Puerto Rico last Friday, surrendering four runs in 4 2/3 innings.

The WBC MVP award understandably goes to a player of the winning team. However, Wladimir Balentien of the Netherlands deserves special mention. In 26 at-bats during the WBC, he hit a double and had a WBC-high four home runs, 12 RBI, and 12 runs scored while putting up a .615/.677/.1.115 batting line. That’s MVP-esque as far as this tournament is concerned.