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Arbitration

24th November 2004

Arbitration

ARBITRATION

     The NBA brawl in Detroit this past weekend has made headlines all over the country and the TV sports scribes having a field day. The NBA Commissioner has imposed very heavy penalties on the players, and lawsuits are in the offing from fans who claim injuries of one kind or another. Always go for the deep pockets. The brawl itself was just a case of dimwits fighting dimwits, and some dimwits won and others lost. Personally, I quit watching pro basketball 15 years ago and I have no interest in tuning in another “contest”. To many sports fans, it is just a case where an official blows the whistle and 10 overpaid dummies jump up in the air.

     In the current fiasco, one player was banned for the rest of the year and other players were banned for 20-35 games. The Commissioner did the right thing. For that kind of behavior to be eliminated, the penalty has to hurt  — real bad. But that is not the end of this story. The ever present Players Union has appealed the Commissioner's decision on the basis that it is too severe. The solution to remedy the issue?? Submit the issue to impartial arbitration. Let an “impartial”  person decide on the merits of the dispute and the penalties. Sounds good, doesn't it? Or does it?

     An arbitrator who comes down squarely on one side of a dispute or the other soon becomes an unemployed arbitrator. Thet's why in cases like this he will impose his judgment, pick up his fat check, and walk away, oblivious of the damage he leaves in his wake. He could care less about the long term effects of his decision on league play or player behavior. He has to think about his next case and his acceptability to “the parties”. The penalty issue will go to arbitration sometime in 2005, and the Commissioner imposed penalties will be reduced. You can count on it. It doesn't make any difference how guilty the offending players were, the Union will attempt to justify their actions, find excuses, and seek lesser penalties. And a compliant press will say “sure  — the commissioner went overboard”.

    Were some of the fans out of line?? Yes, they were, and the justice system should indict them. But there is no wishy washy arbitrator involved here. Just a court of law.

      But the Detroit battle in the stands confirms one thing. The National Basketball Association is a waste of time. And the Detroit and Indianapolis hoodlums just confirmed it. But maybe my evaluation is too harsh. I suggest that we all wait and see how an arbitrator goes to great lengths to conclude that boys will be boys and sharply cuts the penalties. What the hell, no one got killed. Right?? Just a matter of sports and competition.

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