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Serious question: does the arbiter have to choose between the two parties respective positions or can he independently pick a number?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.
I don't know. I assumed they were referring to a settlement.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.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...
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.
Yup. Pay your wife what you owe and disappear. Exactly my sentiments.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.
Yes, pretty -tastic.Is DiMauro's twitter handle really BCgenius? Oy.
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.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.
I think he should change it to BCdouche.Yes, pretty -tastic.
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.
Is DiMauro's twitter handle really BCgenius? Oy.
BCUgenius was taken?Is DiMauro's twitter handle really BCgenius? Oy.
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.Serious question: does the arbiter have to choose between the two parties respective positions or can he independently pick a number?
Redundant.I think he should change it to BCdouche.
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.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.
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.
Don't know, but I think some on the board might.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.