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(OT) Why Artest's Appeal Won't Work


Rico

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Chad Ford:

 

Union chief Billy Hunter already has said the players' association will appeal on behalf of Artest, O'Neal and Jackson given the severity of the penalties.

 

What will happen next?  Things don't look good for Artest & Co.  According to Article XXXI, Section 8 (a) of the Collective Bargaining Agreement, the players' association can't ask for an independent arbitrator in this particular instance, because the dispute involves "conduct on the playing court."

 

Instead, players (or the union) must file an internal appeal, petitioning the commissioner to reconsider - something several of the players, including Artest and O'Neal, plan on pursuing - but the final say rests solely with Stern.

 

The union can file a grievance arguing the players' actions took place off the court, because Artest went into the crowd.  Off-the-court incidents can be appealed to an independent arbitrator (like the Latrell Sprewell-P.J. Carlesimo choking incident).  However, a league source familiar with the language of the rule claims it's unlikely an appeal on those grounds will prevail, given precedent of the rule's application.

 

If somehow Stern decides to reduce the suspensions (or if the union can convince an arbitrator the events took place off the court), Artest theoretically could be back before the end of the season, and both O'Neal and Jackson could be in uniform before their current mid-January return dates.

However, right now the chances of that seem slim.

Put a fork in the Pacers, they're done.

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What will happen next?  Things don't look good for Artest & Co.  According to Article XXXI, Section 8 (a) of the Collective Bargaining Agreement, the players' association can't ask for an independent arbitrator in this particular instance, because the dispute involves "conduct on the playing court."

 

"on the playing court"- technically then - can't he then at least benefit from arbitration for the part of the meltdown that was in the stands? :angry:

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