Legal Opinion · Dissent
American & National Leagues of Professional Baseball Clubs v. Major League Baseball Players Ass'n
California Court of Appeal
Decided June 25, 1976No. Civ. 37297Published
1Dissent
BROWN (H. C.), J.
I dissent.
The affirmance of the arbitration award, in my opinion, is placing the court’s stamp of approval on a declaration that Finley should have signed an agreement despite its recognizable illegal objectives. I believe the arbitration award should be vacated because the arbitrators failed to recognize this illegality and for the further reason that the penalty assessed against Finley by the arbitrators, i.e., declaring Hunter to be a free agent, constituted an irrational award.
The case of Redke v. Silvertrust (1971) 6 Cal.3d 94 [98 Cal.Rptr. 293, 490 P.2d 805], relied…
2Cases cited13 opinions
- United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
- Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
- Loving & Evans v. BlickCalifornia Supreme Court · 1949
- Safeway Stores v. American Bakery and Confectionery Workers International Union, Local 111Court of Appeals for the Fifth Circuit · 1968
- International Association of MacHinists Afl-Cio, and Its Local Lodge No. 2003 v. Hayes CorporationCourt of Appeals for the Fifth Circuit · 1961
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