Alex Rodriguez Reuters

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.

Someone stole Jose Fernandez’s high school jersey after a vigil

MIAMI, FL - JULY 09:  Jose Fernandez #16 of the Miami Marlins pitches during the game against the Cincinnati Reds at Marlins Park on July 9, 2015 in Miami, Florida.  (Photo by Rob Foldy/Getty Images)
Getty Images
1 Comment

People are the absolute worst sometimes. The latest example: someone stole one of Jose Fernandez’s high school jerseys, which had been displayed in his old high school’s dugout for a vigil last night.

That report comes from Anastasia Dawson of the Tampa Bay Times who covered the vigil at Alonso High School in Tampa yesterday. Her story of the vigil is here. Today she has been tweeting about the theft of the jersey. She spoke to Alonso High school’s principal who, in a bit of understatement, called the theft the “lowest of the low.”

The high school had one more Fernandez jersey remaining and has put it on display in the school. In the meantime, spread this story far and wide so that whatever vulture who stole it can’t sell it.

 

What Hall of Fame-eligible pitcher would you ask to pitch today?

Mike Mussina
Associated Press
13 Comments

In an earlier post I made a joke about the Indians starting Dennis Martinez if forced to play a meaningless (for them) game on Monday against the Tigers. On Twitter, one of my followers, Ray Fink, asked a great question: If you had to hand the ball to a Hall of Fame-eligible pitcher to give you three innings, who would it be?

The Hall of Fame-eligible part gets rid of the recently-retired ringers, requiring a guy who has been off the scene for at least five years, ensuring that there’s a good bit of rust. I love questions like these.

My immediate answer was Mike Mussina. My thinking being that of all of the great pitchers fitting these parameters, he’s the most likely to have stayed in good shape. I mean, Greg Maddux probably still has the best pitching IQ on the planet, but he’s let himself go a bit, right? Mussina strikes me as a guy who still wakes up and does crunches and stuff.

If you extend it to December, however, you may get a better answer, because that’s when Tim Wakefield becomes eligible for the Hall. I realize a knuckleball requires practice to maintain the right touch and subtlety to the delivery, but it also requires the least raw physical effort. Jim Bouton went well more than five years without throwing his less-than-Wakefield-quality knuckler and was still able to make a comeback. I think Tim could be passable.

Then there’s Roger Clemens. I didn’t see his numbers for that National Baseball Congress tourney this summer and I realize he’s getting a bit thick around the middle, but I’m sure he can still bring it enough to not embarrass himself. Beyond the frosted tips, anyway.

So: who is your Space Cowboys-style reclamation project? Who is the old legend you dust off for one last job?