McAlester News-Capital, McAlester, OK

Sports

January 11, 2014

Alex Rodriguez's drug suspension was cut to 162 games from 211

(Continued)

McALESTER —

In that case, United Steelworkers of America v. Enterprise Wheel and Car Corp., Justice Stephen Douglas wrote for the court that "an arbitrator is confined to interpretation and application of the collective bargaining agreement; he does not sit to dispense his own brand of industrial justice. ... His award is legitimate only so long as it draws its essence from the collective bargaining agreement. When the arbitrator's words manifest an infidelity to this obligation, courts have no choice but to refuse enforcement of the award."

That case was cited by the 8th U.S. Circuit Court of Appeals in 1976 when it refused a request by MLB to vacate the decision by arbitrator Peter Seitz overturning baseball's reserve clause in the Andy Messersmith-Dave McNally case.

In an attempt to overturn the Horowitz's decision, Rodriguez's lawyers could cite section 10 of the Federal Arbitration Act, which states a decision could be set aside "where the award was procured by corruption, fraud or undue means" ... "where there was evident partiality or corruption in the arbitrators" ... where the arbitrator was "refusing to hear evidence pertinent and material to the controversy" or "where the arbitrators exceeded their powers."

Rodriguez walked out of the hearing in the middle of the Nov. 21 session after Horowitz refused to order Selig to testify. The sides rested the following day.

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