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Expert predicts A
In fact, Stanford law professor William B. Gould IV, who served as chair of the National Labor Relations Board (1994 98) and has written books on baseball and labor, feels arbitrator
Fredric Horowitz probably didn need to reduce the 211 game suspension handed down by commissioner Bud Selig
Gould reasons that Horowitz made his determination because there was no precedent for a punishment that long. Gould argues that nobody had ever done what A Rod did, either, just as nobody had ever done what Kermit Washington did when the former NBA player punched out Rudy Tomjanovich
on the court cheap nba jerseys wholesale in 1977.
Gould thinks A Rod is sunk for two reasons. One, he never countered any of cheap nba jerseys free shipping the charges made by Tony Bosch, Major League Baseball top witness and the man who ran the Miami Biogenesis clinic where Bosch alleges he injected Rodriguez with a variety of performance enhancing drugs.
Rodriguez, who admitted to taking PEDs while with the Texas Rangers, denies taking any from Bosch.
ruling is a very careful professional job with detailed fact finding and thorough consideration of applicable arbitral precedent, Gould said. the arbitrator laid out the testimony supporting evidence in the form of not simply uncontradicted testimony of Bosch, but also notebooks, BlackBerry messages, not only noting drugs delivered, but also A Rod instructions to erase messages telling Bosch, for instance, to use the service elevator to avoid watching eyes.
the authenticity of the messages were disputed, the arbitrator offered A Rod a new independent authenticator. He declined. There no testimony from A Rod or anyone disputing the evidence against him . . . clear and convincing proof against him.
Rodriguez and his legal team also insist the penalty should have been in keeping with a first time offense. Not so, according to Gould.
argued that the penalty should be that set forth in the drug testing provision [50 games]. As I pointed out in Chapter 7 of with Baseball, drug offenses have long been handled under the just cause clause in the CBA in the
LaMarr Hoyt, Otis Nixon, Willie Wilson, and Steve Howe cases [the arbitrator invoked that clause] and others long before testing.
Anabolic Steroid Act of 1990 was incorporated in the CBA in the The drug testing clause began in 2003 setting forth its own sanctions, never affecting just cause as a basis for discipline. As the arbitrator held, each drug test failure constitutes a distinct violation the failure of the test. Under just cause, A Rod numerous violations, as well his attempt to conceal and cover up, were properly part of just cause.
As for the reduction in the suspension, Gould reasoned, problem I have with the penalty is that while properly comparing it to Steve Howe, the arbitrator rejected 211 games because it was beyond what had been done. A Rod, like say the Latrell Sprewell
case in basketball, did things that no one else has yet been found to do. Selig 211 could have been easily upheld. But revision of the remedy is for the arbitrator . . . he is the expert the parties bargained for. why Gould sees very little chance of a reversal in court.
would be surprised if the decision is reversed, he said. 1960, arbitration awards can only be reversed when the arbitrator decides on his own ideas of justice rather than the CBA or because of fraud, corruption or partiality. The merits are for the arbitrator, not the courts.
the arbitrator should have called Selig to the stand to avoid partiality, but that won be a basis for reversal on its own. As for the union, their obligation is to investigate A Rod claim in good faith they did so and took his case. And allowing his own counsel.
As for A Rod being upset because he didn have his hand picked arbitrator involved, Gould said, has no right under the CBA to have his man on the three man arbitration panel. contends that while Rodriguez side feels MLB and the union were talking too much about the
confidential case, he believes they were merely answering A Rod public claims.
union executive director
Michael] Weiner shouldn have opined on the merits openly. But A Rod was leaking and as the arbiter found, the confidentiality clause allows responses, Gould said.
would be most surprised if A Rod has a case versus either MLB or the MLBPA. Oh, he Al Harrington jerseys says that the union should have tried to enjoin the suit by MLB versus Bosch. But they would have been implicated in his coverup and they have lots of baggage there. The duty of fair representation doesn oblige the union to do whatever A Rod wants. They don even have to process his grievance. went on to say that case reminds us how all the cheaters are ahead of the tests. Biogenesis and BALCO came to light because of newspapers. Sanctions were beefed up because of Congress. Unless baseball is willing to beat the bushes on the alert for future Bosches, it will be business as usual.
how Selig told told us when [Mark] McGwire partially confessed, steroid era is over Perhaps Selig successor will get religion, but it seems unlikely. QUITE WELL
Healthy again, Wedge wants another chance
Former Indians and Mariners manager Eric Wedge will likely take a network television job soon, take a year or two to regroup, see the baseball world from a different point of view, and refresh his perspective for another managerial run.
was a rough year. For my wife and my family, said Wedge, the AL Manager of the Year in 2007 with the Indians, who still lives in Seattle but will soon move to Buffalo. was rough, but we got through it and all things are good. had a stroke and missed 27 games last year. Contributing factors were high blood pressure, cholesterol, and the biggest thing, according to Wedge, was sleep apnea, which he feels he taken care of. He says his health is now good.
Some frustrating seasons in Seattle culminated with a bombshell story in the Seattle Times, in which Wedge exposed dysfunction in the Mariners front office.
Wedge would not revisit the story but has no regrets. He felt he did the right thing and stood up for people he needed to defend.
Wedge, 45, a former Red Sox catcher, did interview with 2014 nba jerseys the Cubs for their vacant managerial job this offseason.
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