Monday, January 13, 2014

Alex Rodriguez Continues Fight; Arbitrator’s Ruling Becomes Public -

A-Rod's alleged drug regimen
In a Complaint filed today in U.S. District Court in Manhattan baseball star Alex Rodriguez seeks to set aside an arbitrator's award suspending him for a full season.  The player alleges that the arbitrator was evidently partial to Major League Baseball and grossly exceeded his authority under the collective bargaining agreement between the big leagues and the Major League Baseball Player's Association.
Setting aside such an award is a tall order.  Courts usually defer to arbitrators interpretations of the scope of their authority under the contract.  Factual findings by arbitrators are rarely examined - a reflection of courts' long standing deference to private dispute resolution. agreements - a trend recently underlined by the U.S. Supreme Court's upholding the one-sided arbitration clauses imposed by companies like ATT upon their customers who have no real choice but to accept the profferred terms of service.  In the case of a collective bargaining agreement under the National Labor Relations Act the employee is subject to the union as exclusive representative, though as here he may be allowed private counsel in the arbitration proceedings.
Alex Rodriguez Continues Fight; Arbitrator’s Ruling Becomes Public -
by Steve Eder

The filing, provided by Rodriguez’s lawyers, also accuses Fredric Horowitz, Major League Baseball’s chief arbitrator, of exhibiting “a manifest disregard for the law” and claims that he was not impartial and that he refused to hear evidence in Rodriguez’s appeal of the suspension imposed against him last year....

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