NBA Appealing Arbitrator’s O’Neal Ruling In Federal Court

Arbitrator Roger Kaplan Wednesday reduced Pacers F Jermaine O’Neal’s suspension stemming from the November 19 Pacers-Pistons brawl to 15 games from 25, while upholding the season-long suspension of Pacers F Ron Artest and the 30-game suspension of Pacers F Stephen Jackson. In N.Y., Liz Robbins reports the NBA will challenge the ruling this morning in U.S. District Court, maintaining that Kaplan “has no jurisdiction to rule on the matter.” If Judge George Daniels upholds Kaplan’s ruling, O’Neal would be eligible to play beginning with Saturday’s Pistons-Pacers game. Kaplan ruled that O’Neal’s actions were “out of character and his earlier behavior was ‘vastly different than Artest’s.’” Kaplan: “His career in the NBA has been a positive one. He is the recipient of a couple of awards, attesting to his character, community involvement and citizenship.” NBPA Exec Dir Billy Hunter said, “We’re extremely pleased that Jermaine will have the opportunity to play, although we respectfully disagree with the decision on the other three players. We are also pleased that the arbitrator has affirmed the right of players to appeal disciplinary measures” (N.Y. TIMES, 12/23).

LEAGUE REAX: In response to the ruling, NBA Deputy Commissioner Russ Granik issued a statement saying, “The operative language of our [CBA] provides that any dispute involving a suspension imposed upon a player ‘for conduct on the playing court’ may be appealed only to the Commissioner and not to an arbitrator. As a result, we have consistently maintained that the arbitrator has no legitimate role in this matter. While we obviously agree with Mr. Kaplan’s decision upholding virtually all of the suspensions, we don’t agree with his conclusion that the conduct did not occur on the playing court, and we have no choice other than to challenge it in federal court” (NBA). Mavericks coach Don Nelson, on the ruling: “The commissioner decides punishment for on-court problems, period. It’s in the [CBA].” Mavericks Owner Mark Cuban added that the appeal by the NBPA “was more of a ploy and that the NBA never had any intentions of abiding by any decision from an arbitrator” (Eddie Sefko, DALLAS MORNING NEWS, 12/23).

POWER FORWARD: ESPN’s Stephen A. Smith, on whether Stern could look at the case again following Kaplan’s decision: “By doing so, what you’re doing is insinuating that the arbitrator should have been heard to begin with, thus limiting or minimizing your power as commissioner of the NBA. David Stern is not about to do that. That’s why they will both be in Federal Court (today) because ... he knows it is something that could be used as a tool by the (NBPA) in the impending (CBA) talks” (“SportsCenter,” ESPN, 12/22).

A ROOTING INTEREST? On Long Island, Anthony Rieber writes if the ruling is upheld and O’Neal plays Saturday, “that would be a Merry Christmas” for ESPN, which is televising the Pistons-Pacers rematch (NEWSDAY, 12/23).

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