Collegiate Times

NEW YORK ? A federal judge tossed out a lawsuit by baseball umpires, ruling that disciplining union head John Hirschbeck is not subject to arbitration.

Hirschbeck was sent a warning letter last May 10 by the commissioner?s office, saying that during an April 28 game in Cincinnati he told plate umpire Mark Carlson not to issue a warning to Cincinnati?s Gabe White after a pitch sailed over the head of San Francisco?s Barry Bonds.

In addition, baseball said its computerized umpire evaluation system showed ?a high percentage of missed calls of balls and strikes? by Hirschbeck in a game on May 4.

The World Umpires Association attempted to file a grievance on May 29. Nine days later, management told the union the dispute wasn?t subject to arbitration under the umpires? collective bargaining agreement and asked for dates Hirschbeck could attend a hearing before Sandy Alderson, executive vice president of baseball operations in the commissioner?s office.

Management sued on July 18, and U.S. District Judge Lewis A. Kaplan agreed with owners, granting them a summary judgment in a 14-page decision issued Tuesday.

?As the court concludes that the May 10, 2002, warning letter constituted discipline for the purposes of the CBA, and that the union?s complaint concerns the warning letter, the WUA may not arbitrate,? Kaplan wrote.

The umpires? labor contract states disciplinary decisions shall be made by the commissioner or his staff and are not be subject to review by an arbitrator.