"Rodriguez Walks Out of Hearing and Pleads Case on Radio"-NY Times headline

11/20/13, "Rodriguez Walks Out of Hearing and Pleads Case on Radio," NY Times, Steve Eder

"Alex Rodriguez, locked in a fight with Major League Baseball over his 211-game doping suspension, walked out of his arbitration hearing Wednesday morning, saying he was “disgusted with this abusive process.”

In the afternoon, he took to the radio, telling WFAN, “I don’t have a chance” in the hearing and denying that he had used performance-enhancing drugs in recent years. 

The tipping point for Rodriguez apparently came in the morning when the arbitrator hearing his case, Fredric Horowitz, would not order Bud Selig, the commissioner of baseball, to testify in the proceedings. “The absurdity and injustice just became too much,” Rodriguez said in a statement. “I walked out and will not participate any further in this farce.”...

On WFAN, Rodriguez said he never imagined that Selig would not take the stand, adding: “This should end with Selig on Thursday and me on Friday under oath. Put your money where your mouth is.” 

On the ruling, the players association said in a statement: “The M.L.B.P.A. believes that every player has the right under our arbitration process to directly confront his accuser. We argued strenuously to the arbitrator in Alex’s case that the commissioner should be required to appear and testify. While we respectfully disagree with the arbitrator’s ruling, we will abide by it as we continue to vigorously challenge Alex’s suspension within the context of this hearing.” 

Rodriguez has admitted to using performance-enhancing drugs from 2001 to 2003, while with the Texas Rangers. The WFAN radio interview Wednesday included repeated denials from Rodriguez that he had used P.E.D.'s in recent years, and he said he should not be suspended at all, never mind 211 games. “I feel like I should be there opening day, and that’s what I’m working hard for,” he said.

While it was unclear what direct impact Rodriguez’s walkout would have on his appeal, some legal experts said Horowitz was unlikely to take kindly to Rodriguez’s actions during the proceedings and his subsequent public statement condemning the Selig decision. 

“You don’t attack the tribunal or individual who is making a decision in your case unless you feel that all is lost,” said William B. Gould IV, a former chairman of the National Labor Relations Board, who teaches labor and sports law at Stanford. “Even then, it isn’t the wisest thing to do.” 

Gould added, “I’ve been a student of baseball arbitration for years, and I don’t recall anything akin to this one.” 

With Rodriguez and his lawyers believing that arbitration seems futile, they have laid the groundwork to try the case in the courts. In October, Rodriguez sued M.L.B. and Selig in New York court, claiming they engaged in a “witch hunt” to push Rodriguez out of baseball. The case is pending. 

Joseph Farelli, a labor lawyer, said it was apparent that Rodriguez’s lawyers were trying to build a case that the arbitration has been unfair, which could be important to the pending litigation. “They are trying to lay the groundwork to get a ruling overturned,” Farelli said."

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11/20/13, "Mike Francesa on Alex Rodriguez interview: I asked him all the tough questions," Newsday, Neil Best. image above from YES Network which televises Yankee games and simulcasts Mike Francesa's WFAN radio show

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