The neutral third arbitrator who handles PED appeals, as well as grievances brought by players, serves at the pleasure of both Major League Baseball and the MLBPA. They can fire him for any reason. They can fire him for no reason. All that need happen is written notice from one side or the other.
We most recently saw this in 2012 when Shayam Das, the arbitrator who had been in place for 13 years, was fired by Major League Baseball. The reason? Their dissatisfaction with his ruling in the original Ryan Braun suspension and appeal, which baseball sharply criticized. Das’ firing led to the firing of Frederic Horowitz, who issued the ruling in the A-Rod case Saturday.
So: will the MLBPA fire Horowitz now? My guess is yes.
It’s not a slam dunk, of course. The MLBPA is in a slightly different position than was Major League Baseball at the time of the Das position. Yes, they opposed Horowitz’s ruling, but they also — according to the ruling itself — agreed with the manner in which Horowitz approached parts of his decision. Specifically, Horowitz claims the MLBPA agreed that his discipline should come at the Commissioner’s discretion under the “just cause” provisions of he JDA and not under the 50/100/lifetime ban provisions. And, of course, they are now being sued by Alex Rodriguez, placing them in an odd tactical position between MLB and the player.
But, the MLBPA’s concessions aside, the arbitrator did just hammer a player with more or less unprecedented discipline. For political purposes alone, one has to think that the union may want to retaliate for that and/or for MLB’s firing of Braun.
If I’m a betting man, I say that the union fires Horowitz within a week or so.