Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 5, 1995 TAG: 9504080021
SECTION: SPORTS PAGE: B-2 EDITION: METRO
SOURCE: Associated Press
DATELINE: NEW YORK LENGTH: Medium
The panel of the 2nd U.S. Circuit Court of Appeals repeatedly ridiculed management lawyer Frank Casey during a one-hour hearing, dismissing his argument that owners had the unilateral right to do away with free agency and salary arbitration before an impasse in bargaining.
``You're fuzzing things,'' Chief Judge Jon Newman told him, adding later, ``We're just going around in circles.''
The judges, following acerbic and caustic questioning, let stand the injunction issued Friday by U.S. District Judge Sonia Sotomayor, which forces owners to adhere to the expired collective bargaining agreement.
``We're happy,'' union head Donald Fehr said. ``People are back and we want a long-term agreement.''
``I've talked to our lawyers and I understand the hearing didn't get into the heart of the issues,'' acting commissioner Bud Selig said.
Sotomayor's injunction caused players to end their 232-day strike, and the judges' questioning made clear there is little likelihood the injunction will be overturned.
Newman, his voice rising with incredulity, assailed Casey when the lawyer claimed the injunction and its ``whipsaw forces'' prevented collective bargaining. Two of the three judges on the panel told Casey they thought owners made a key legal mistake when they dropped their attempt to declare an impasse in bargaining.
On Dec. 23, owners declared an impasse and imposed a salary cap, but they abandoned the cap on Feb. 3 after the National Labor Relations Board said it was inclined to issue an unfair labor practice complaint.
Casey called the NLRB's preliminary finding a ``technical violation.''
by CNB