For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s.
"I don't think he has very much of a chance," Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board, told The Associated Press. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot."
The Joint Drug Agreement between Major League Baseball and the players' association gives the sport's three-person arbitration panel — the independent arbitrator plus one representative of management and the union — jurisdiction to review discipline resulting from violations.
The union filed a grievance after baseball Commissioner Bud Selig suspended Rodriguez for 211 games last August, and arbitrator Fredric Horowitz presided over 12 days of hearings last fall and cut the penalty Saturday to 162 games plus the 2014 postseason.
Rodriguez is expected sue under section 301 of the Labor Management Relations Act of 1947, also known as Taft-Hartley, which allows actions for violations of collective bargaining agreements.
Rodriguez's lawyers are expected to request a preliminary injunction and attempt to force Selig to testify. Horowitz refused to do so, and Rodriguez stormed out of the hearing. Expect MLB to fight any request for Selig to testify.
TANAKA TALK
Here's the silver lining to A-Rod's suspension for the Yankees: The money from his contract comes off their salary cap. And with that, the Yanks can afford to move aggressively to help their pitching staff.
Hello, Masahiro Tanaka. Everybody's favorite ace from Japan is an unrestricted free agent angling for an MLB contract. Newsday says the Yankees should be able to lock up Tanaka and stay under the $189 million luxury-tax ceiling.
A-Rod was on the books for $25 million.
While Yankees officials won't say so, reports are they talked with Tanaka and his agent last week in Los Angeles. In addition to his salary request — in the neighborhood of $100 million over the contract term — Tanaka will cost the team signing him $20 million, payable to his former team in Japan.
Not that the Yankees are alone: The Dodgers are expected to make a major run at the 25-year-old righthander. Among other teams in the mix: The Mariners, Diamondbacks, White Sox and Cubs.
STRAS' TEST
Arbitration of a different sort is under way in baseball, and the results are happier in the case of the Nationals and starting pitcher Stephen Strasburg.
The ace righty his team closed on a one-year, $3,975,000 contract, avoiding the nasty arbitration process. In addition, Strasburgh can tack on $125,000 if he meets performance bonus standards.
Strasburg, 25, is coming off a down season. He was 8-9 with a 3.00 ERA in 30 starts.
The deal beats a Tuesday deadline for reaching accord. Had player and team not settled, they could have headed to a hearing in February. Strasburg will be eligible for arbitration for the next two years as well. Barring a long-term contract he can become an unrestricted free agent after the 2016 season, CSNWashington.com reported.
The Nationals remain on the hunt for agreement with eight other players. They are pitchers Jordan Zimmermann, Doug Fister, Ross Detwiler, Tyler Clippard, Drew Storen and Jerry Blevins, shortstop Ian Desmond and catcher Wilson Ramos.
GONZALEZ'S OPERATION
Rockies outfielder Carlos Gonzalez is recovering from an emergency appendectomy, with an eye on how it affects his preparation for spring training.
Gonzales, an all-star and key component in the Rockies' plans, was in stable condition in a Denver hospital Saturday awaiting discharge. He likely needs at least two weeks' rest from the surgery and a recover time of two months.
Timing is a problem, but there is a tight window in his recovery. The Rockies hit camp the third week of February, taking physicals on Feb. 21, the Denver Post reported. While that means he will be behind in offseason training, Gonzalez should be in playing condition by the time camp ends on March 29.
Here's the rub: Gonzalez likely will switch to center field this season. He is a three-time Gold Glove winner. His transition was already under way, manager Walt Weiss told MLB.com.
"It's good that it happened now, if it was going to happen, as opposed to during spring training or during the season," Weiss said.
"CarGo is in great shape. I've seen him at the stadium several times this offseason, and he looks really strong. That'll help with his recovery."
Doctors also fixed a hernia while they had Gonzalez on the table.
Rockies position players begin workouts on Feb. 23.
Contributor: The Associated Press