DiMauro: Ollie did enough wrong to warrant his firing by UConn

[huskymedic]

 

[8893]

Good article. Nice to see at least one of the scribes have the sense to ask some lawyers for their input:

I asked some attorneys Thursday, some of whom have experience with labor law, if UConn’s appearance of past inconsistency within its termination policies has relevance to Ollie’s case. There was not universal agreement, except to the following point: Past practices bear enough relevance within arbitration settings to get Ollie at least some money. It is unlikely he’ll get near the $10 million remaining on his contract. But he’ll get something.

 

[CL82]

Good article. Nice to see at least one of the scribes have the sense to ask some lawyers for their input:

I asked some attorneys Thursday, some of whom have experience with labor law, if UConn’s appearance of past inconsistency within its termination policies has relevance to Ollie’s case. There was not universal agreement, except to the following point: Past practices bear enough relevance within arbitration settings to get Ollie at least some money. It is unlikely he’ll get near the $10 million remaining on his contract. But he’ll get something.

Serious question: does the arbiter have to choose between the two parties respective positions or can he independently pick a number?

 

[8893]

Serious question: does the arbiter have to choose between the two parties respective positions or can he independently pick a number?

I don't know. I assumed they were referring to a settlement.

 

[Chuck]

Serious question: does the arbiter have to choose between the two parties respective positions or can he independently pick a number?

I cannot speak for the arbitration rules that will be followed here, but IN GENERAL, an arbitrator has the ability to decide culpability and damages. It's not an all or nothing, so they can award part of a plaintiff's claim. It's one of the problems with arbitration where you think you have the winning case. I find arbitrators more likely to "split the baby" so that neither party is too upset. Emotion can also come into play. The little old lady who lost money may get something because it's a sad story, even if there is no great legal reason why she should get something.

 

[jibsey]

I always thought we wouldn't know until the asst coaches started talking and now we are starting to get that. The rest will come out in dribs and drabs as to why players transferred and he basically lost the team. His attorneys will point to many things that happened under Calhoun without recourse and who is to say they are wrong? If I were KO and could get 2 million at this point I would take it and run.

 

[huskymedic]

I cannot speak for the arbitration rules that will be followed here...

They will use the American Arbitration Association and this is the applicable contract language:

AAUP Article 10: Authority of the Arbitrator (pg 6)

“The arbitrator shall hear and decide only one (1) grievance in each case. The arbitrator shall neither add to, subtract from, modify not alter the terms and provisions of this agreement. Arbitration shall be confined solely to the application and/or interpretation of this agreement and the precise issue submitted for arbitration. The arbitrator shall have no authority to determine any other issues. The arbitrator shall refrain from issuing statements of opinion or conclusion not essential to determining the issue submitted. The decision of the arbitrator shall be final and binding subject to statutory provisions”

 

[CL82]

I cannot speak for the arbitration rules that will be followed here, but IN GENERAL, an arbitrator has the ability to decide culpability and damages. It's not an all or nothing, so they can award part of a plaintiff's claim. It's one of the problems with arbitration where you think you have the winning case. I find arbitrators more likely to "split the baby" so that neither party is too upset. Emotion can also come into play. The little old lady who lost money may get something because it's a sad story, even if there is no great legal reason why she should get something.

So here is the CBA arbitration language:

It seems like the arbiter is limited to the four corners of the document which would seem to say it's an all or nothing proposition. Agree with @8893 that settlement can and probably will happen prior to arbitration.

 

[HooperScooper]

Is DiMauro's twitter handle really BCgenius? Oy.

 

[SouthBayHusky]

Moral of the story, if you’re going to bend/violate the rules ( especially after the emphasis placed on him when he started and then his contract) he better at least win.

 

[Mokum]

I always thought we wouldn't know until the asst coaches started talking and now we are starting to get that. The rest will come out in dribs and drabs as to why players transferred and he basically lost the team. His attorneys will point to many things that happened under Calhoun without recourse and who is to say they are wrong? If I were KO and could get 2 million at this point I would take it and run.

Yup. Pay your wife what you owe and disappear. Exactly my sentiments.

 

[TRest]

Is DiMauro's twitter handle really BCgenius? Oy.

Yes, pretty -tastic.

 

[huskymedic]

So here is the CBA arbitration language:
View attachment 32312
It seems like the arbiter is limited to the four corners of the document which would seem to say it's an all or nothing proposition. Agree with @8893 that settlement can and probably will happen prior to arbitration.

... or in the hallway during breaks in the proceedings.

 

[TRest]

So here is the CBA arbitration language:
View attachment 32312
It seems like the arbiter is limited to the four corners of the document which would seem to say it's an all or nothing proposition. Agree with @8893 that settlement can and probably will happen prior to arbitration.

KO has to decide if he wants to roll the dice for the whole loaf, or grab whatever slices he can.

 

[HooperScooper]

Yes, pretty -tastic.

I think he should change it to BCdouche.

 

[intlzncster]

I always thought we wouldn't know until the asst coaches started talking and now we are starting to get that. The rest will come out in dribs and drabs as to why players transferred and he basically lost the team. His attorneys will point to many things that happened under Calhoun without recourse and who is to say they are wrong? If I were KO and could get 2 million at this point I would take it and run.

No other assistant is going to say a word. There's zero positive benefit for them to do so. They all want to work again.

 

[intlzncster]

Is DiMauro's twitter handle really BCgenius? Oy.

You're surprised?

 

[Hans Sprungfeld]

Is DiMauro's twitter handle really BCgenius? Oy.

BCUgenius was taken?

Otherwise, a good article.

Is the incentive to settle becoming clearer now?

Arbitration is typically NOT the place for nuance, but more a zero sum game. And it seems as though the bounded question is whether the conditions for a finding of "just cause" have been met under the terms of the contract and according to applicable law.

 

[WallStreetHusky]

Serious question: does the arbiter have to choose between the two parties respective positions or can he independently pick a number?

I have never been involved in arbitration under a CBA, but have been involved in the arbitration process and it has always been an all or nothing proposition. The arb picks one sides number or the other, no splitting of the baby. That's why most people settle before it gets to arbitration, the stakes are so high. Its like baseball arbitration, they pick the players number or the teams. No middle ground.

 

[TRest]

I think he should change it to BCdouche.

Redundant.

 

[Paesano]

So here is the CBA arbitration language:
View attachment 32312
It seems like the arbiter is limited to the four corners of the document which would seem to say it's an all or nothing proposition. Agree with @8893 that settlement can and probably will happen prior to arbitration.

Does the union have to bless any settlement? I remember hearing something about the union being able to force the full process if they want. Hate unions in their current incarnation.

 

[freescooter]

To me it is pretty clear Ollie violated the contract and that is before the NCAA gets into reviewing the $30 000 allegation. Unless it was Adams, if Ollie paid money for ANY other recruit that should prove beyond doubt his ineptitude.

 

[whaler11]

I like when he says 2 minute drill version.

Shot baskets on way to lunch, free workout for a couple of kids in Atlanta, accused of setting up phone call by obvious liar.

I guess we didn’t need a 2 minute drill, or even a :30 shotclock.

 

[huskymedic]

I like when he says 2 minute drill version.

Shot baskets on way to lunch, free workout for a couple of kids in Atlanta, accused of setting up phone call by obvious liar.

I guess we didn’t need a 2 minute drill, or even a :30 shotclock.

Direct quote for the link clicking lazy:

>>The two-minute drill version: Ollie was part of a shootaround with a potential recruit (James Akinjo) on an official visit, allegedly prearranged a phone call between a potential recruit and former UConn great Ray Allen (whom the NCAA considers a “booster”) and allowed his players to train with friend Derek Hamilton in 2015-16. The players not only worked out on and off campus, but some traveled to Atlanta, where they were flown, fed and stayed for free. They are all NCAA violations to varying degrees.<<

 

[CL82]

Does the union have to bless any settlement? I remember hearing something about the union being able to force the full process if they want. Hate unions in their current incarnation.

Don't know, but I think some on the board might.