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A-Rod playing on Opening Day? It doesn’t look likely

Alex Rodriguez abruptly left his grievance hearing Wednesday, saying he was "disgusted with this abusive process, designed to ensure that the player fails."
(Seth Wenig / Associated Press)
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When the New York Yankees take the field for their season opener, will Alex Rodriguez be their third baseman?

That call might be up to a judge -- not to the Yankees, and not to MLB Commissioner Bud Selig.

Rodriguez stormed out of his arbitration hearing on Wednesday, claiming “absurdity and injustice” after arbitrator Fredric Horowitz declined to compel Selig to testify. Rodriguez sued Selig and MLB last month, alleging league officials had trampled over their own rules and paid off witnesses in trying to destroy his “reputation and career” for the benefit of the commissioner’s legacy.

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The apparent end game for Rodriguez is to try to persuade a judge that baseball’s investigation into his alleged drug use -- and the subsequent appeal process -- has been so corrupted that the court should override a collective bargaining agreement. Under baseball’s drug policy, owners and players agree that an arbitrator should resolve any disputes.

If Horowitz upholds any part of Rodriguez’s 211-game suspension, the third baseman could then ask a court to put the penalty on hold for the months -- or years -- it could take to resolve his suit.

That would be a long shot, because Rodriguez must satisfy two conditions to obtain a stay. He first would have to show irreparable harm if the stay is not granted. Rodriguez could be repaid his lost salary -- plus possible damages -- if he wins. On the other hand, Rodriguez could argue he is not getting younger, and his talent might not be the same after a long trial.

He also would have to show a substantial chance of winning at trial. That might be a more difficult hurdle, since courts generally are reluctant to intervene in arbitration hearings governed by collective bargaining agreements.

Bottom line: If the arbitrator upholds a suspension of any length, it is highly unlikely that Rodriguez would play on opening day.

(After he left the arbitration hearing Wednesday, Rodriguez gave an interview to WFAN in New York. You can hear it here.)

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