Arbitrator who will hear Grievance in bounty case gets fired by the MLB (1 Viewer)

[saintsfan26]

On Wednesday, Shyam Das will take up the question of whether the penalties imposed on four players arising from the bounty investigation: (1) were waived by the 2011 CBA; and (2) if not, nevertheless must be appealed not to the Commissioner but to Art Shell or Ted Cottrell.

On Monday, Das was fired from one of his other sports gigs.

Arbitrator who

 

[Bayouman007]

hrmmm... maybe MLB knows he has to say the penalties are just and don't want a dishonest arbitrator?

 

[saintsfan26]

So if the MLB can fire this guy doesnt that mean the NFL can fire him too? In other words, this guy works for Goodell?

 

[darkhornet]

So if the MLB can fire this guy doesnt that mean the NFL can fire him too? In other words, this guy works for Goodell?

That's a good question, and one I hadn't considered. My understanding is that he is an arbitrator agreed to by both the NFL and the NFLPA, but I might be wrong.

 

[crosswatt]

Considering that he just borderline invalidated an entire sports drug policy drug by reversing the suspension of Ryan Braun, which has already set a precedence for future and existing suspensions to be overturned (see Eliezer Alfonzo), this could be really good news. He just might be willing to rule fairly, and bite the very hand that feeds him.

 

[TheDeparted]

This is the scenario I've read horror stories about with respect to forced binding arbitration clauses when purchasing a new car or house. The arbiter is hired from a pool designated by the company. Arbiters who routinely rule against the company simply don't get more work...

 

[Quickdraw]

This is the scenario I've read horror stories about with respect to forced binding arbitration clauses when purchasing a new car or house. The arbiter is hired from a pool designated by the company. Arbiters who routinely rule against the company simply don't get more work...

Which is why any arbitration clause should have a mutually agreed arbiter. That solves the problem. Sure the losing side in any arbitration would be incentivized to not rehire someone who ruled against them but moving forward both sides of an arbitration have the opportunity to select an unbiased arbiter.

 

[Pleading the Fif]

They should take this to Judge Judy. I'd love to see her rip Roger Goodell a new one.

 

[superchuck500]

That's a good question, and one I hadn't considered. My understanding is that he is an arbitrator agreed to by both the NFL and the NFLPA, but I might be wrong.

Yes, that's correct. The selection of the arbitrator is not unilateral by the league.

I think he was the one who reversed the Braun suspension (50 games).

 

[NMS]

If they are using the same guy then he has been compromised. From this point on it will all be for show

 

[superchuck500]

If they are using the same guy then he has been compromised. From this point on it will all be for show

Explain?

 

[saintsfan26]

I find it somewhat odd that he got fired the day before the bounty hearing. I swear there is something bigger to this than what we know.

 

[superchuck500]

I find it somewhat odd that he got fired the day before the bounty hearing. I swear there is something bigger to this than what we know.

Are you suggesting that the MLB (in collusion with the NFL) may have timed the dismissal such that the arbitrator now faces the possibility of having both of his league jobs threatened should he come out with a ruling that is in favor of the players in the bounty aribitration?

In other words, the NFL has induced the MLB to attempt to influence the NFL arbitration process, that is otherwise supposed to be independent and fair, and a product of collective bargaining?

It's an interesting idea. I can say that attempting to influence an arbitrator is criminal in most states. So is conspiracy to influence an arbitrator. I suspect that it would also be a patent violation of federal labor law and could be subject to substantial damages in civil litigation that would not be barred by the CBA.

Not saying that isn't what is going on, but there sure better not be any evidence of it. Ever. Including testimony.

 

[saintsfan26]

Are you suggesting that the MLB (in collusion with the NFL) may have timed the dismissal such that the arbitrator now faces the possibility of having both of his league jobs threatened should he come out with a ruling that is in favor of the players in the bounty aribitration?

In other words, the NFL has induced the MLB to attempt to influence the NFL arbitration process, that is otherwise supposed to be independent and fair, and a product of collective bargaining?

It's an interesting idea. I can say that attempting to influence an arbitrator is criminal in most states. So is conspiracy to influence an arbitrator. I suspect that it would also be a patent violation of federal labor law and could be subject to substantial damages in civil litigation that would not be barred by the CBA.

Not saying that isn't what is going on, but there sure better not be any evidence of it. Ever. Including testimony.

Why yes, yes that is what im saying

 

[NaJ88]

The timing is unusual, but they likely fired him because they didn't like his ruling in the Braun case and its likely it didn't have much to do with the NFL. I'd be ecstatic if its the same guy though, because he was smart enough to understand that there was not enough conclusive evidence to prove Braun was guilty. In my opinion, his ruling fell more in line with the way an actually judge and jury would have ruled. In other words, he's the furthest possible thing from Roger Goodell