Latest Arbitration Article


“Permanent” Arbitration Attorney for MLB Fired After Braun Case

Thursday, May 17, 2012

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Management for Major League Baseball fired the “permanent” arbitration attorney, Shyam Das last week. This decision follows the case where Mr. Das overturned the suspension of Ryan Braun, an MVP player who tested positive for drugs. His basis for overturning the suspension was that the urine sample was not handled properly, and could have conceivably been contaminated. MLB executives made it well known that they were outraged by this decision.


How Potential Arbitration Attorneys Will Be Sorted

 

The MLB management and the representatives of the players will first have to agree on who Mr. Das' successor will be. They will start by attempting to agree on a single candidate. If they do not reach an agreement, then they will have to resort to requesting a list of potential candidates from the American Arbitration Association. Both sides will then take their turns striking names off of the list until only one is left.


Das' Firing, the Hiring Process, and Contract Arbitration

 

Mr. Das has been hearing arbitrations for Major League Baseball since 1999, and is the longest running attorney who has filled that seat. Before he came along, many of his predecessors had brief tenures. In fact, in 1976, Joseph Sickles only heard one arbitration.

 

Since the role was filled by temporary arbitrators between the retirement of Das' predecessor and his appointment, it is entirely possible that the same could happen in the interim between Das' termination and his successor's appointment.

 

According to the collective bargaining agreement between MLB execs and players, either the players or the management can fire an arbitration attorney at any time, as long as there is written notice. In this case, it was the decision of the management, and everyone involved has reacted professionally.


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