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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.

Mets leaning on Jay Bruce, Neil Walker as Lucas Duda insurance

LOS ANGELES, CALIFORNIA - MAY 12:  Pinch hitter Lucas Duda #21 of the New York Mets walks back to the dugout after striking out for the first out of the ninth inning against Clayton Kershaw #22 of the Los Angeles Dodgers at Dodger Stadium on May 12, 2016 in Los Angeles, California.  The Dodgers won 5-0.  (Photo by Stephen Dunn/Getty Images)
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The Mets have begun working outfielder Jay Bruce and second baseman Neil Walker at first base as potential insurance in the event Lucas Duda continues to experience back discomfort, Mike Puma of the New York Post reports. Duda has been sidelined recently due to back spasms and missed all but 47 games last season as a result of a stress fracture in his lower back.

Manager Terry Collins spoke about Bruce’s work at first base on Sunday, saying, “I liked everything I saw today. “It looks like he’s got the athleticism, he’s got the hands, he’s got the arm angle. He made some throws in our drills that you wouldn’t expect an outfielder to be able to make, but yet he does. If that’s where we have to go, I think we’ll be fine.”

Bruce has only three games’ worth of experience at first base at the major league level, but still has high expectations for himself. He said, “I am going to work at it. I want to give myself a chance and the team a chance. I am not going to go over there and be a butcher. It’s just not the way I go about my business on the baseball field and it wouldn’t be fair to the team if I wasn’t capable to do it, so I am going to work at it and we’ll see what happens.”

The Mets made Bruce available via trade over the offseason but didn’t get an offer that whet their appetite. As a result, Michael Conforto appears to be the odd man out in the Mets’ crowded outfield.

Jason Kipnis diagnosed with a strained rotator cuff

CLEVELAND, OH - NOVEMBER 02:  Jason Kipnis #22 of the Cleveland Indians celebrates after scoring a run on a wild pitch thrown by Jon Lester #34 of the Chicago Cubs (not pictured) during the fifth inning in Game Seven of the 2016 World Series at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Elsa/Getty Images)
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Indians second baseman Jason Kipnis has been diagnosed with a strained rotator cuff in his right shoulder, MLB.com’s Jordan Bastian reports. Kipnis has received a cortisone shot and will be shut down from throwing for the next four to five days.

There’s a lot of spring left, so it’s perfectly sensible for the Indians to play it safe with their star player. The club already had Kipnis on a shoulder strengthening program.

Kipnis, 29, helped the Indians to the playoffs after batting .275/.343/.469 with 23 home runs, 92 RBI, 91 runs scored, and 15 stolen bases in 688 plate appearances during the regular season last year. He then helped the Indians reach Game 7 of the World Series against the Cubs, where they were eventually stopped, as he provided a .741 OPS including four homers and eight RBI in 15 playoff games.