SOURCES: JONATHAN PAPELBON FILES GRIEVANCE AGAINST NATIONALS
12.06.15 at 10:32 pm ET
By Rob Bradford
NASHVILLE — Jonathan Papelbon‘s brief tenure with the Nationals hasn’t
exactly gone swimmingly.
According to multiple major league sources, the former Red Sox closer has filed
a grievance against Washington for failing to pay his salary during the
team-imposed four-game suspension at the conclusion of the 2015 season.
Papelbon was suspended by the Nationals after engaging in a dugout altercation
with teammate Bryce Harper during a Sept. 23 game against the Orioles.
According to the sources, the player’s stance is that there is no precedent of
a player having his salary withdrawn after such a team-issued suspension.
No date for a hearing has been set.
寶貝碰對國民隊提出「申訴仲裁」
原因是寶貝碰跟Harper發生衝突之後,被國民隊禁賽四場,而國民沒有支付那四場的薪水
寶貝碰主張沒有這種「球隊禁止球員出賽而不付薪水」的先例
名詞解釋:
grievance arbitration
申訴仲裁；權利仲裁
１涉及對一既存合同的違反或有關合同解釋的仲裁。
２勞動法上，指對僱員的申訴所作的仲裁，通常涉及僱員主張依集體談判協議
〔collective-bargaining agreement〕，其僱員權利受到了侵犯。仲裁程序通常規定在集
體談判協議中。也稱作rights arbitration。
我不確定台灣有沒有類似的法律程序,不過看來雙方要上法庭了
有興趣可以參考法條
https://www.law.cornell.edu/uscode/text/5/7121
補充:
Article XII of the CBA addresses disciplinary matters, providing that clubs
have the authority to impose “disciplinary action for just cause.” While that
section does not specifically authorize or forbid certain forms of punishment,
it does contemplate both fines and suspensions resulting in lost salary (in
providing that a team must make a player “whole” if the decision is
overturned). A player subject to disciplinary action may challenge it through a
grievance proceeding before an arbitral panel, which in turn must assess
whether “just cause” existed for the punishment that was meted out.
根據CBA規定,球隊有權在有「正當理由」的情況下做「懲誡性」的動作
該條款並沒有授權或限制懲罰的種類
如果球員受到這種懲戒性的處罰可以提申訴仲裁,來決定是否存在處罰的「正當理由」