Major League Baseball Players Association v. Commissioner of Major League Baseball (Rocker)
Major League Baseball Arbitration Panel
Panel Decision No. 104 (2000)
- Written by Steven Pacht, JD
Facts
John Rocker was a pitcher for the Atlanta Braves (Braves). During the 1999 regular season and postseason, Rocker was involved in increasingly bitter and potentially violent interactions with fans of the New York Mets (Mets). In December 1999, in an effort to generate publicity, Rocker participated in an interview with Sports Illustrated (SI), a widely circulated national magazine, in which Rocker made sexist, racist, homophobic, and xenophobic statements. SI’s publication of the Rocker interview generated a significant public outcry to which Rocker responded by apologizing. Allan H. “Bud” Selig (defendant), the commissioner of Major League Baseball (MLB) suspended Rocker (with pay) for 73 days (all 45 days of spring training for 2000 and the first 28 days of the 2000 regular season). In support of his decision, Selig claimed, among other things, that he was empowered to discipline Rocker based on the high standard of personal conduct applicable to MLB players and the MLB Basic Agreement’s provision that he could discipline a player for just cause. The Major League Baseball Players Association (association) filed a grievance on Rocker’s behalf. The association argued, among other things, that (1) Rocker’s statements were pure speech—not conduct—and thus could not be the basis for discipline both on free speech grounds and because no MLB rule or policy explicitly authorized speech-based discipline; (2) Rocker made the statements while off-duty; and (3) Rocker’s suspension was unreasonably long in light of other disciplinary actions (or nonactions) for other players in drug-related and non-drug-related cases, including the fact that no other player had been disciplined for speech under the just-cause standard.
Rule of Law
Issue
Holding and Reasoning (Das, Chmn.)
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