NEW YORK —
His lawyers criticized Michael Weiner, the union head who died from a brain tumor in November, for saying last summer he recommended Rodriguez settle for a lesser penalty if MLB were to offer an acceptable length.
“His claim is completely without merit, and we will aggressively defend ourselves and our members from these baseless charges,” new union head Tony Clark said in a statement. “The players’ association has vigorously defended Mr. Rodriguez’s rights throughout the Biogenesis investigation, and indeed throughout his career. Mr. Rodriguez’s allegation that the association has failed to fairly represent him is outrageous, and his gratuitous attacks on our former executive director, Michael Weiner, are inexcusable.”
The suit also claimed MLB engaged in “ethically challenged behavior” and was the source of media leaks in violation of baseball’s confidentiality rules.
Rodriguez’s lawyers said Horowitz acted “with evident partiality” and “refused to entertain evidence that was pertinent and material.” They faulted Horowitz for denying Rodriguez’s request to have a different arbitrator hear the case, for not ordering Selig to testify and for allowing Bosch to claim Fifth Amendment rights against self-incrimination in refusing to answer questions during cross-examination.
They also said Horowitz let the league introduce “unauthenticated documents and hearsay evidence ... obtained by theft, coercion or payment,” wouldn’t allow them to examine Blackberry devices introduced by MLB and was fearful he would be fired if he didn’t side with management.
Rodriguez asked the court to throw out Horowitz’s decision and find the league violated its agreements with the union and that the union breached its duty to represent him. The case was assigned to U.S. District Judge Edgardo Ramos.
Supreme Court decisions have set narrow grounds for judges to vacate arbitration decisions, instances such as corruption or not following the rules agreed to by the parties.