GOLDSTEIN SPORTS LAW OUTLINE SPRING 2009
The Governing Bodies
· Commissioner’s Powers and Responsibilities
o Decide what is in THE BEST INTERESTS OF THE SPORT
o Resolve dispute
o Act as CEO of joint venture
· Rose v. Giamatti
o Best interests of baseball to outlaw gambling? The Commish decides…
· The Legal Scope of the Comish’s Authority
o Milwaukee v. Landis
§ Agreements/rules of baseball display a clear intent to give the Commish all the powers of the pater familias =BENEVOLENT DESPOT
· Only out of bounds:
o Fraud
o Arbitrary
o No evidence
o No legal basis
o FINLEY V. KUHN
§ Free agency looming, A owner Finley sells off talent to invest in farm system
§ Commish Kuhn objects to sale of talent as “INCONSISTENT W/BEST INTERESTS OF BASEBALL”
· Debilitates Oakland
· Hurts balance b/c wealthier clubs can buy best talent
· Unsettled reserve system
§ Commish =sweeping authority
· Restrained and restored over time
§ π CL:
· Kuhn’s decision disproving the assignment was “arbitrary, capricious, unreasonable, discriminatory, contrary to tradition”
· Comish’s decision (like any head of private assoc.) must be PROCEDURALLY FAIR
· HELD: Commish has authority to stop assignments when in b/I of baseball
o Reserve system is unsettled
o Baseball is special
o Commish decisions insulated from judicial review
§ Voluntary waiver
§ EXCEPTIONS to COMMISH POWER
· If violates laws of land or charter of association
· If association has failed to follow rudiments of due process of law
§ Would reverse only if
· Comish did not act in g/f
· Did not follow established procedures
o TURNER V. KUHN
§ Dealt w/Commish authority to discipline owners
§ After Free Agency, Turner starts recruiting prior to the reentry draft = TAMPERING.
§ Commish upholds K, but bans Turner for 1 year and took Atlanta’s #1 draft pick
§ π CL:
· COMMISH POWER Must
ndards under which arbitrator are empowered to reverse comish decisions vary greatly from league to league
o Nfl/nhl = no auth. To overturn comish. On matters of discipline
o MLB = DISCIPLINE CAN BE GRIEVED UNDER “just cause” standard (see CBA Art. XII) –
§ steve Howe Case P. 51
§ However, no grievance can be brought for these types of discipline
· For conduct on the playing field or in ballpark
· The comish removes it from arb. By declaring that it involves “integrity or public confidence in game of baseball”
o NBA = convoluted lang.
§ Discipline involving “integrity of or maintenance of public confidence” & >$25k impact can be grieved under “arbitrary and capricious standard”
§ Disc. Involving “conduct on the playing court” or involving “integrity of or maintenance of public confidence” &
