It's Not Over Til It's Over: After the Arbitration Award in Sports Arbitration - Dispute Resolution Journal - Vol. 70, No. 2

Author(s):

Jay E. Grenig

Rocco M. Scanza

Page Count:

28 pages

Media Description:

1 PDF Download

Published:

July, 2015

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A. INTRODUCTION

Arbitration is frequently touted as an efficient and economical

dispute resolution method because the arbitration decision is “final

and binding.”1 While most arbitration decisions (generally referred to

as “awards”) are truly final and binding, parties can and do seek court

intervention to confirm, modify, correct, or vacate arbitration awards.

This is as true in sports arbitration as in other types of arbitration

proceedings.

In 2014, the National Football League Players Association filed a

grievance challenging the National Football League’s (“NFL”)

suspension of Adrian Peterson for “at least the remainder of the 2014

season” and the NFL’s fine of six weeks’ pay. The grievance was

arbitrated by the NFL Commissioner’s designee—an NFL executive

for nearly two decades. The arbitrator upheld the suspension and the

fine. This was not, however, the end of the proceedings. The

Association petitioned the U.S. District for the District of Minnesota

to vacate the arbitration award.2 That decision has ended the

proceedings—the NFL has appealed the district court’s decision to

the U.S. Court of Appeals for the Eighth Circuit.

Even umpires are not immune from seeking judicial review of

arbitration decisions. In 1999, fifty-seven of sixty-eight Major League

umpires resigned in protest of policies the Commissioner of Baseball

sought to implement.3 Although the resigning umpires later attempted

to rescind their letters of resignation, the League refused to reinstate

twenty-two of the umpires. The twenty-two umpires filed grievances

that were submitted to arbitration for resolution. The arbitrator
ordered reinstatement of nine of the twenty-two umpires.