http://www.sportsline.com/nba/story/7957505
Arbitrator sets hearing in Artest suspension appeal
Dec. 3, 2004
SportsLine.com wire reports
NEW YORK -- An arbitrator ruled Friday that he has jurisdiction to decide whether the brawl-related suspensions given to Ron Artest and other NBA players can be appealed to someone other than commissioner David Stern.
Mediator Roger Kaplan set a hearing for next Wednesday, although the league was likely to ask a judge to intervene.
"Ultimately, one way or another, that issue is likely to get decided in federal court," NBA deputy commissioner Russ Granik said. "Our view was (the arbitrator) should not even look at it, so we didn't submit anything."
The NBA contends the commissioner has sole authority under collective bargaining rules for imposing discipline related to on-court behavior.
The players' union argues it never agreed to the spirit of any rule that would give the commissioner unchecked power to levy suspensions of the length he gave to Artest (the remainder of the 2003-04 season), Stephen Jackson (30 games), Jermaine O'Neal (25 games) and Anthony Johnson (five games) for fighting with fans during a wild melee at the end of an Indiana Pacers-Detroit Pistons game two weeks ago.
In his ruling, Kaplan indicated he would first decide on the arbitability of the union's attempt to challenge Stern's penalties.
If he were to rule in the union's favor, he would then hear arguments on whether the commissioner had just cause to levy some of the longest fight-related suspensions in league history.
The union said the suspended players would travel to New York for the hearing, although Granik indicated U.S. District Court would be the likeliest site of the next hearing.
Union director Billy Hunter issued a statement saying he was pleased.
"The ability to have a neutral party review a precedent-setting, and in our view excessive, disciplinary decision is a basic right under our collective bargaining agreement, as well as a fundamental principle of our system of justice," Hunter said.
AP NEWS
The Associated Press News Service
Copyright 2004, The Associated Press, All Rights Reserved
I am happy from a pacers fan POV, but from a legal POV I could see where a judge will laugh at this and say the CBA says that the commish has the deciding power.
Now what will be interesting, to me atleast, is how, if it does at all, effect the contract negotations between the NBA and the PA<!-- / message --><!-- sig -->
<!-- / message --><!-- sig -->
Arbitrator sets hearing in Artest suspension appeal
Dec. 3, 2004
SportsLine.com wire reports
NEW YORK -- An arbitrator ruled Friday that he has jurisdiction to decide whether the brawl-related suspensions given to Ron Artest and other NBA players can be appealed to someone other than commissioner David Stern.
Mediator Roger Kaplan set a hearing for next Wednesday, although the league was likely to ask a judge to intervene.
"Ultimately, one way or another, that issue is likely to get decided in federal court," NBA deputy commissioner Russ Granik said. "Our view was (the arbitrator) should not even look at it, so we didn't submit anything."
The NBA contends the commissioner has sole authority under collective bargaining rules for imposing discipline related to on-court behavior.
The players' union argues it never agreed to the spirit of any rule that would give the commissioner unchecked power to levy suspensions of the length he gave to Artest (the remainder of the 2003-04 season), Stephen Jackson (30 games), Jermaine O'Neal (25 games) and Anthony Johnson (five games) for fighting with fans during a wild melee at the end of an Indiana Pacers-Detroit Pistons game two weeks ago.
In his ruling, Kaplan indicated he would first decide on the arbitability of the union's attempt to challenge Stern's penalties.
If he were to rule in the union's favor, he would then hear arguments on whether the commissioner had just cause to levy some of the longest fight-related suspensions in league history.
The union said the suspended players would travel to New York for the hearing, although Granik indicated U.S. District Court would be the likeliest site of the next hearing.
Union director Billy Hunter issued a statement saying he was pleased.
"The ability to have a neutral party review a precedent-setting, and in our view excessive, disciplinary decision is a basic right under our collective bargaining agreement, as well as a fundamental principle of our system of justice," Hunter said.
AP NEWS
The Associated Press News Service
Copyright 2004, The Associated Press, All Rights Reserved
Now what will be interesting, to me atleast, is how, if it does at all, effect the contract negotations between the NBA and the PA<!-- / message --><!-- sig -->
<!-- / message --><!-- sig -->