Cardozo Journal of Conflict Resolution
Abstract
This Note contends that commissioners' abilities to unilaterally discipline players must be checked for the protection of players, and that more grievance appeals should go to neutral arbitrators. Part I outlines the commissioners' powers in the four major American sports leagues as conferred upon them by their respective CBAs. Part II discusses the history of commissioners' power in sports to illustrate how their powers have evolved and expanded over time. Part III distinguishes the NFL Commissioner's power and disciplinary authority from that of the NBA, MLB, and NHL Commissioners, as it displays a particularly egregious example of a commissioner's unilateral authority. Part IV examines two examples of cases where arbitrators have reduced punishments issued by commissioners. These two cases illustrate the real threat of over-sanctioning by commissioners and the need for commissioners to be checked by neutral, removed arbitrators. Part V provides several suggestions for improvements in commissioner disciplinary policies, including a proposed three-part system to impose necessary checks on unilateral commissioner discipline. The first part of the disciplinary system establishes different categories of misconduct and provides reasonable ranges for player punishment. The second part of the disciplinary system requires commissioners to provide detailed, publicly available explanations for the sanctions they impose on players. The third part of the disciplinary system creates a neutral arbitration mechanism to review players' sanctions imposed by the commissioner.
Disciplines
Dispute Resolution and Arbitration | Entertainment, Arts, and Sports Law | Law
Recommended Citation
David Sirotkin,
Disciplining the Disciplinary Systems in Professional Sports: An Attempt to Fix the Arbitrary and Overreaching Disciplinary Powers of Sports Commissioners,
11
Cardozo J. Conflict Resol.
289
(2009).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol11/iss1/13