Baseball for the Thinking Fan

Login | Register | Feedback

btf_logo
You are here > Home > Baseball Newsstand > Baseball Primer Newsblog > Discussion
Baseball Primer Newsblog
— The Best News Links from the Baseball Newsstand

Thursday, October 17, 2013

MLB exec Rob Manfred to testify at Alex Rodriguez’s appeal hearing

Major League Baseball chief operating officer Rob Manfred is on the witness list for Alex Rodriguez’s appeal of his 211-game suspension in the Biogenesis probe, a person familiar with the process said Wednesday.

Manfred is the league’s representative on the three-person panel overseeing the arbitration process, but he has no say in the final decision made by chief arbitrator Fredric Horowitz, who can uphold the suspension, overturn it or reduce it…

Rodriguez’s attorneys are likely to challenge Manfred’s appearance, though a source said Manfred has been on the witness list for some time. Manfred’s testimony is considered key in MLB’s contention that Biogenesis founder Anthony Bosch was not paid for his testimony. Manfred, who is second to commissioner Bud Selig, led MLB’s investigation into Biogenesis.

George Nicolau, a former chief arbitrator, said panel members, who assist the arbitrator in procedural issues and matters related to their respective parties, have testified before. “Not just before me, but before other arbitrators,” he said. Nicolau said it would be up to Horowitz to determine the scope of Manfred’s testimony. The sworn testimony given in arbitration hearings could be requested in later court proceedings. “If it’s a matter of contesting the [sic], the entire record would go before the judge.”

While baseball arbitration is considered an informal process, legal experts view the potential testimony by Manfred as unusual. “Rules of evidence would prohibit a hearing officer from testifying at his own hearing,” New Jersey attorney John Furlong said. “If he does testify, it speaks volumes to the lack of adherence to a semblance of evidence protocol.” Manhattan attorney Stephan Kallas added, “I would think down the road if Alex Rodriguez decides to bring the arbitration decision to a federal judge that it’s possible that a judge would frown upon this method of arbitration.”

The District Attorney Posted: October 17, 2013 at 03:51 PM | 3 comment(s) Login to Bookmark
  Tags: alex rodriguez, legal, ped

Reader Comments and Retorts

Go to end of page

Statements posted here are those of our readers and do not represent the BaseballThinkFactory. Names are provided by the poster and are not verified. We ask that posters follow our submission policy. Please report any inappropriate comments.

   1. eddieot Posted: October 17, 2013 at 04:46 PM (#4576185)
More evidence that MLB can't get out of its own way. Why can't anyone else testify to this? How about Bud?
   2. dlf Posted: October 17, 2013 at 05:02 PM (#4576193)
While baseball arbitration is considered an informal process, legal experts view the potential testimony by Manfred as unusual. “Rules of evidence would prohibit a hearing officer from testifying at his own hearing,” New Jersey attorney John Furlong said. “If he does testify, it speaks volumes to the lack of adherence to a semblance of evidence protocol.” Manhattan attorney Stephan Kallas added, “I would think down the road if Alex Rodriguez decides to bring the arbitration decision to a federal judge that it’s possible that a judge would frown upon this method of arbitration.”


Apparently the NJ and Manhattan attorneys quoted have never in their life participated in a labor arbitration case. Having one of the party appointed arbitrators testify is common. I've had it occur in cases several times over the years. Remember, there is no expectation that the party appointed arbitrator be neutral.

Manfred is the league’s representative on the three-person panel overseeing the arbitration process, but he has no say in the final decision made by chief arbitrator Fredric Horowitz ...


Not exactly. Horowitz needs a second vote, so he can't go too far out on a limb where neither party appointed member will agree with him. That would, of course, be incredibly rare in a discipline case. But it happens sometimes in interest arbitration where the dispute is over crafting the next CBA and both parties may think a solution is unfeasible.

George Nicolau ...


I love that Nicolau is still with us. He flew as a navigator in B-17s in WWII loosing a leg to anti-aircraft fire over France. He represented a number of famous broadway figures in the late 50s. He joined the Peace Corp in the early 60s. And is one of the legendary figures in labor arbitration. For this audience, he is one of the few arbitrators to serve on panels for MLB, NFL, NBA and NHL. His service as the "permanent" baseball arbitrator ended nearly 30 years ago, but he is still sharp and a fascinating person to listen to.

   3. bobm Posted: October 17, 2013 at 05:40 PM (#4576211)
“Rules of evidence would prohibit a hearing officer from testifying at his own hearing,” New Jersey attorney John Furlong said. 


Thus confirming A-Rod's contention that if you give MLB an inch, they'll take an eighth of a mile.

You must be Registered and Logged In to post comments.

 

 

<< Back to main

BBTF Partner

Support BBTF

donate

Thanks to
tshipman
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogCubs send Bryant to minors
(49 - 7:23am, Mar 31)
Last: bunyon

NewsblogGrantland (Lindbergh): 2015 AL West Preview
(3 - 7:23am, Mar 31)
Last: bookbook

NewsblogPitching change: Rockies have a plan to improve on the mound | FOX Sports
(5 - 7:18am, Mar 31)
Last: Bring Me the Head of Alfredo Griffin (Vlad)

NewsblogReds open breast-feeding suite at the ballpark
(2 - 6:27am, Mar 31)
Last: Bhaakon

NewsblogThe MLBPA Has a Problem | FanGraphs Baseball
(35 - 6:02am, Mar 31)
Last: BrianBrianson

NewsblogMets find lefty reliever, land Torres from Padres
(3 - 5:57am, Mar 31)
Last: Davo's Favorite Tacos Are Moose Tacos

NewsblogDefiant CC Sabathia doesn’t give a ‘f–k’ about poor spring outings | New York Post
(125 - 5:34am, Mar 31)
Last: Jim Kaat on a hot Gene Roof

NewsblogOTP - March 2015: You’re out, tobacco: Bill would ban products at all California baseball venues
(3648 - 5:30am, Mar 31)
Last: BrianBrianson

NewsblogPosnanski: A Baseball Story
(19 - 3:49am, Mar 31)
Last: bjhanke

NewsblogOT: Monthly NBA Thread - March 2015
(1506 - 3:15am, Mar 31)
Last: theboyqueen

NewsblogArizona Diamondbacks encouraged by Yoan Lopez's progress
(2 - 1:58am, Mar 31)
Last: shoewizard

NewsblogOT: Wrestling Thread November 2014
(822 - 1:11am, Mar 31)
Last: SouthSideRyan

NewsblogTwins offering bloody mary garnished with cold slice of pizza
(18 - 12:37am, Mar 31)
Last: Der-K is at half whelm.

NewsblogPrimer Dugout (and link of the day) 3-30-2015
(14 - 11:46pm, Mar 30)
Last: I'll Call'A Tony, You Colavito

NewsblogBBTF 2015 Shooty Memorial Softball Meet-up!
(71 - 10:50pm, Mar 30)
Last: Edmundo got dem ol' Kozma blues again mama

Page rendered in 0.2002 seconds
48 querie(s) executed