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Gyron
11-23-2004, 04:56 PM
http://sportsillustrated.cnn.com/2004/basketball/nba/11/23/artest.appeal.ap/index.html?cnn=yes

NBA players union appeals Pacers' suspensions
Posted: Tuesday November 23, 2004 3:10PM; Updated: Tuesday November 23, 2004 3:10PM

NEW YORK (AP) -- The NBA players' union filed an appeal Tuesday on behalf of Indiana Pacers Ron Artest, Stephen Jackson and Jermaine O'Neal, who were suspended for their roles in a brawl with Detroit Pistons fans last week.

The union asked that an arbitrator decide whether there should be reductions in the suspensions handed out Sunday: Artest was banned for the season, Jackson for 30 games and O'Neal for 25. Six players were suspended for one to six games; those are not being appealed.

Union director Billy Hunter has called the penalties excessive, saying a suspension of about 35 games would have been more appropriate for Artest.

Commissioner David Stern, who issued the suspensions, has sole discretion under collective bargaining rules over penalties for on-court behavior, and all appeals go through him, too.

The union, however, asked in its one-page appeal that the case go to arbitrator Roger Kaplan.

"We're are arguing that the discipline imposed is inconsistent with the collective bargaining agreement, and without just cause," union spokesman Dan Wasserman said.

Stern would normally have 20 days to rule on an appeal of an on-court discipline matter, and it was unclear whether the union's appeal strategy would put this case under that timetable.

An NBA spokesman said the appeal was received but that the league would have no other immediate comment.

The union also is considering taking the case to federal court. A similar strategy failed in 1997 when the union contested the suspensions handed out to four members of the New York Knicks for leaving the bench during a fight in a playoff game against the Miami Heat.

In that case, U.S. District Judge Jed S. Rakoff cited article XXXI, section 8 of the league's collective bargaining agreement establishing the commissioner as the complete and final authority on discipline for what happens on the court.

The language, the judge said, is "so plain, so clear, so unequivocal, so on-point to the dispute that underlies this controversy."

In 1998, the union successfully appealed the one-year suspension Stern gave to Latrell Sprewell, then with the Golden State Warriors, for attacking coach P.J. Carlesimo at practice. It was reduced by an arbitrator to 68 games.

The difference between the Sprewell case and the current one is that Sprewell's attack on Carlesimo happened at practice, so it was not considered on-court behavior and was subject to the arbitration provisions of the collective bargaining agreement.

Hunter was not immediately available to comment on the appeal.

The suspensions also could be contested by the Indiana Pacers, who have the right under NBA bylaws to appeal the commissioner's decision to the league's Board of Governors.

No NBA team has ever made such an appeal, according to the league.

Pacers spokesman David Benner said the team had not yet decided if or how it might contest the penalties.

Artest bolted into the stands after being hit by a cup thrown by a fan, touching off a brawl in which players exchanged punches with fans, who also threw drinks, popcorn, a chair and other debris at the Pacers.

"I don't think it was fair -- that many games," Artest said Tuesday in an interview with NBC's "Today" show. "I respect David Stern's decisions, but I don't think I should have been out for the whole season."

"This is the third time that I've been hit with something out of the crowd," said Artest, who claimed he had been struck previously in Detroit and in Cleveland.

Jackson also went into the stands and exchanged punches with fans, while O'Neal hit a fan who ran onto the court.

Shade
11-23-2004, 05:13 PM
:thumbsup:

blanket
11-23-2004, 05:14 PM
The suspensions also could be contested by the Indiana Pacers, who have the right under NBA bylaws to appeal the commissioner's decision to the league's Board of Governors.

No NBA team has ever made such an appeal, according to the league.

Pacers spokesman David Benner said the team had not yet decided if or how it might contest the penalties.


This part is very interesting. Somehow, I doubt the Pacers will appeal.

Shade
11-23-2004, 05:15 PM
"This is the third time that I've been hit with something out of the crowd," said Artest, who claimed he had been struck previously in Detroit and in Cleveland.

Very interesting.

Lord Helmet
11-23-2004, 05:20 PM
Lets appeal!!!!!!!!!!

Deadshot
11-23-2004, 05:47 PM
Artest mentioned getting hit in Detroit and Cleveland - didn't he get hit with something in Boston as well?

Natston
11-23-2004, 05:53 PM
Commissioner David Stern, who issued the suspensions, has sole discretion under collective bargaining rules over penalties for on-court behavior, and all appeals go through him, too.

The stands are obviously not on the court, so without a doubt he must FREE ARTEST!

indygeezer
11-23-2004, 06:00 PM
Perhaps we'll lay low and not appeal. Then vote with the Union on stripping Stern of some of his power, perhaps even lead the charge.
HE's a power hungry megalomaniac so hit him where it hurts. Take away some of his power.

ROCislandWarrior
11-23-2004, 06:04 PM
I don't know about Artest or Jackson, but O'neal should not be gone for more than 10 games. I never saw O'neal hit anybody until the fan came on the court and got into a scuffel with Ron at which point JO came over. O'neal has the strongest case of the 3.

Lets hope Ron can come back after 30 games or so. We will be fine for the Playoffs then and I believe the team will be better off having gone through this. If Artest's suspenison holds up though, it will be the year that could have been.

Mourning
11-23-2004, 06:37 PM
I don't see Ron's penalty beying lowered to less than 50 games, unfortunately.

NewType
11-23-2004, 06:39 PM
Perhaps we'll lay low and not appeal. Then vote with the Union on stripping Stern of some of his power, perhaps even lead the charge.
HE's a power hungry megalomaniac so hit him where it hurts. Take away some of his power.

I'm thinking the other way around. If the penalties are reduced after the appeal, then it will be a demonstration of Stern's incompetence in handling such situation. The players association can use it as an argument during the next CBA negotiation.

Outlaw
11-23-2004, 06:52 PM
As long as it happened during a game they probably have no grounds to seek an outside arbitrator. Therefore Stern will again have the final say unfortunatley. And I think we know what that means.

ROCislandWarrior
11-23-2004, 08:26 PM
As long as it happened during a game they probably have no grounds to seek an outside arbitrator. Therefore Stern will again have the final say unfortunatley. And I think we know what that means.

(I am sorry but this would be the PERFECT time four soupisgood to respond with...)


"No soup for You"

SkipperZ
11-23-2004, 08:36 PM
I don't see Ron's penalty beying lowered to less than 50 games, unfortunately.

if that happens, 50 games is low enouggh to make the pacers are title contenders again.

thats 20 reg season games plus playoffs with our full squad.

Jermaniac
11-23-2004, 08:43 PM
I don't see Ron's penalty beying lowered to less than 50 games, unfortunately. Hey 50 games will be much better then 73, and maybe they will make JO's suspension a few less games. I know Jax's suspension wont be changed and he is lucky he got only 30 games.

Suaveness
11-23-2004, 09:17 PM
If the Players Association does not work, we can try. I really hope it gets lowered enough so that Ron can play in the playoffs. Because if that is the case, then we will win the title.

Old as Dirt
11-23-2004, 11:09 PM
Was not the game called? Did not the ref leave the floor before Ron went into the stands. I do know there were NO NONE security there.