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 A-Rod's grievance hearing to overturn his 211-game suspension
ended Thursday when both sides rested their cases, a day after the
New York Yankees third baseman angrily walked out and decided not to
testify in his own defense.
The sides set a schedule to file briefs and reply briefs next month,
which will close the record and submit the matter to arbitrator
Fredric Horowitz.
His decision on whether to uphold or alter the discipline for the
three-time AL MVP likely will be made in January, a person familiar
with the proceedings told The Associated Press. The person spoke on
condition of anonymity because no statements were authorized.
Rodriguez's lawyers already are vowing to challenge the ruling in
federal court, where judges usually are reticent to overturn an
arbitration decision unless there is a finding the arbitrator was
biased, exceeded his authority or failed to comply with the rules
agreed to by the parties.
The exact timing of a decision is uncertain. Baseball's Joint Drug
Agreement states the arbitrator shall make "all reasonable efforts"
to close the record in time to permit a decision within 25 days of
the start of the hearing. But in this case, the hearing began Sept.
30, making that timetable impossible to meet.
After the arbitrator renders his decision, the written opinion is to
be issued within 30 days. It is unclear if Horowitz will issue his
written opinion simultaneously with his decision.
The timing of the case could complicate planning for the Yankees,
who don't know if they will have to pay Rodriguez his $25 million
salary and are unsure whether they will need a different starting
third baseman.
Rodriguez was suspended by MLB on Aug. 5 for alleged violations of
baseball's drug policy and labor agreement stemming from the
league's investigation of the Biogenesis of America anti-aging
clinic in Florida. The players' association filed a grievance, and
because Rodriguez was a first-time offender of the drug agreement,
the discipline automatically was stayed pending a resolution of the
grievance.
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Horowitz heard the case in a trio of four-day
sessions, with management presenting its case from Sept. 30-Oct.
3 and Oct. 15-18. Rodriguez's side then took its turn during the
first four days of this week.
While Horowitz had set aside six additional days for testimony
through Wednesday, that time was not needed.
Rodriguez left in the middle of the 11th session Wednesday,
furious the arbitrator refused to order baseball Commissioner
Bud Selig to testify. Rodriguez and his lawyers then went on
radio and television, accusing Selig of bias and the entire
arbitration process of being flawed.
His lawyers returned without him Thursday to complete their
case, and MLB started and finished its rebuttal. At the end of
the hearing, the sides learned union head Michael Weiner had
died from the brain tumor he was diagnosed with 15 months ago.
Outside MLB's offices, representatives of the New York Hispanic
Clergy Organization, including state Sen. Ruben Diaz, held a
prayer vigil to express opposition to Rodriguez's discipline.
Rodriguez lawyer James McCarroll issued a statement Thursday
pointing out that this case is the first grievance under the
drug agreement involving discipline that didn't stem from a
positive test and involved "the commissioner's discretion and
decision-making." While he said the commissioner in the past
"was harshly criticized in the arbitrator's decision for not
voluntarily appearing at a grievance," that statement appears to
refer to arbitrator George Nicolau's 1987 decision cutting Peter
Ueberroth's drug suspension of pitcher LaMarr Hoyt from one
season to 60 days.
While Horowitz has issued an order for the proceeding to be
confidential, Rodriguez's lawyers have said they may release
some of the evidence Friday. Rodriguez spokesman Ron Berkowitz
said no decision had been made.
"It's uncertain," he said. "They're still weighing their options
of what they can and cannot release."
[Associated
Press; RONALD BLUM, AP Sports Writer]
Copyright 2013 The Associated
Press. All rights reserved. This material may not be published,
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