Judge's decision in the O'Neal case

According to the NYT (Judge's Ruling Favors O'Neal):

The league went to court after arbitrator Roger Kaplan said
O'Neal's penalty should be cut to 15 games, citing the player's
``character, community involvement and citizenship.''

The NBA challenged Kaplan's authority to hear an appeal of Stern's
punishment.

``We are puzzled with Judge Daniels' ruling because the Collective
Bargaining Agreement states that an appeal of a suspension for 'conduct
on the playing court' may be made only to the Commissioner, not to an
arbitrator, and Jermaine O'Neal's actions took place entirely on the
playing court,'' the NBA said in a statement Thursday. ...

``Fighting with or striking a fan has never been characterized as
conduct on the playing court,'' Daniels said, reading from a written
ruling. ``Striking a fan is inexcusable, and appropriately considered
something different and much more serious.''

Still seems like an odd interpretation of "on court" to me, but I guess
the lesson is that unions and management should write more explicit
language into their contracts.--Joe

jslater DeleteThis @utnet.utoledo.edu wrote:
> According to the NYT (Judge's Ruling Favors O'Neal):
>
> The league went to court after arbitrator Roger Kaplan said
> O'Neal's penalty should be cut to 15 games, citing the player's
> ``character, community involvement and citizenship.''
>
> The NBA challenged Kaplan's authority to hear an appeal of Stern's
> punishment.
>
> ``We are puzzled with Judge Daniels' ruling because the Collective
> Bargaining Agreement states that an appeal of a suspension for 'conduct
> on the playing court' may be made only to the Commissioner, not to an
> arbitrator, and Jermaine O'Neal's actions took place entirely on the
> playing court,'' the NBA said in a statement Thursday. ...
>
> ``Fighting with or striking a fan has never been characterized as
> conduct on the playing court,'' Daniels said, reading from a written
> ruling. ``Striking a fan is inexcusable, and appropriately considered
> something different and much more serious.''
>
> Still seems like an odd interpretation of "on court" to me, but I guess
> the lesson is that unions and management should write more explicit
> language into their contracts.--Joe
>

What did I tell you guys!?

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