Common use of Special Procedure with Regard to Certain Disciplinary Action Clause in Contracts

Special Procedure with Regard to Certain Disciplinary Action. Except as set forth in Article XII(E)(3)(c), complaints involving a fine or suspension imposed upon a Player by the Chief Baseball Officer or the Commissioner for conduct on the playing field or in the ballpark shall be subject exclusively to this Section C as follows: (1) Fines Exceeding $1,000 and Suspensions (a) The Office of the Commissioner will provide the Players Association with any applicable Umpire’s Incident Report con- temporaneously with the Notice of Discipline. Except as set forth in Section C(2) below (with respect to fines of $1,000 or less and no suspension), any Player who believes that he has a justifiable complaint regarding such discipline may, within 7 days of his receipt of written notification of the discipline, appeal in writing to the Special Assistant to the Commissioner, if the discipline was imposed by the Chief Baseball Officer, or to the Commissioner, if the discipline was imposed by him, for a hearing. (b) Upon receipt of the notice of appeal, the Special Assistant to the Commissioner or the Commissioner, as the case may be, shall designate a time and place for hearing the appeal, which hearing shall be commenced within 10 days from the date of receipt of the appeal. Unless the appeal involves an incident in which three or more players were suspended, all appeal hearings shall be held by videoconference, except that the Player may elect an in-person hearing in the following circumstances: (i) the Player is available for a hearing in New York during the 10-day period; or (ii) the Player is suspended in excess of five games (for a starting pitcher) or in excess of three games (for a position player or relief pitcher), in which case an in-person hearing shall be scheduled at a mutually agreeable location within the 10-day period. (c) Discipline for Post-season Conduct. Notwithstanding paragraph (b) above, a hearing involving a suspension for con- duct on the playing field or in the ballpark during the post-season shall be heard within forty-eight (48) hours of the receipt of the appeal. The Chief Baseball Officer, or the Commissioner, as the case may be, shall determine the timing of the suspension, sub- ject to the Player’s right to appeal and without prejudice to the Players Association’s position regarding past practice of the xxx- ing of such suspensions. (d) Hearings shall be conducted in accordance with the Rules of Procedure attached hereto as Appendix B. The Special Xxxxx- xxxx to the Commissioner, or the Commissioner, as the case may be, shall render a written decision as soon as practicable follow- ing the conclusion of such hearing, and may affirm, modify, or revoke the disciplinary action originally imposed. The decision by the Special Assistant to the Commissioner, or the Commis- sioner, as the case may be, shall constitute full, final and com- plete disposition of the complaint and shall have the same effect as a Grievance decision of the Arbitration Panel. (2) Fines of $1,

Appears in 4 contracts

Samples: Basic Agreement, Basic Agreement, Basic Agreement

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Special Procedure with Regard to Certain Disciplinary Action. Except as set forth in Article XII(E)(3)(c), complaints involving a fine or suspension imposed upon a Player by the Chief Baseball Officer Senior Vice President, Standards and On-Field Operations or the Commissioner for conduct on the playing field or in the ballpark shall be subject exclusively to this Section C as follows: (1) Fines Exceeding $1,000 and Suspensions (a) The Office of the Commissioner will provide the Players Association with any applicable Umpire’s Incident Report con- temporaneously contem- poraneously with the Notice of Discipline. Except as set forth in Section C(2) below (with respect to fines of $1,000 or less and no suspension), any Any Player who believes that he has a justifiable complaint regarding such discipline may, within 7 days of his receipt of written notification of the discipline, appeal in writing to the Special Assistant to the CommissionerExecutive Vice President, Administration, if the discipline was imposed by the Chief Baseball OfficerSenior Vice President, Standards and On-Field Operations, or to the Commissioner, if the discipline was imposed by him, for a hearing. (b) Upon receipt of the notice of appeal, the Special Assistant to the Commissioner Executive Vice President, Administration or the Commissioner, as the case may be, shall designate a time and place for hearing the appeal, which hearing shall be commenced within 10 14 days from the date of receipt of the appeal. Unless the appeal involves an incident in which three or more players were suspended, all appeal hearings shall be held by videoconference, except that the Player may elect an in-person hearing in the following circumstances: (i) the Player is available for a hearing in New York during the 1014-day period; or (ii) the Player is suspended in excess of five games (for a starting pitcher) or in excess of three games (for a position player or relief pitcher), in which case an in-person hearing shall be scheduled at a mutually agreeable location within the 1014-day period. (c) Discipline for Post-season Conduct. Notwithstanding paragraph (b) above, a hearing involving a suspension for con- duct on the playing field or in the ballpark during the post-season shall be heard within forty-eight (48) hours of the receipt of the appeal. The Chief Baseball Officer, or the Commissioner, as the case may be, shall determine the timing of the suspension, sub- ject to the Player’s right to appeal and without prejudice to the Players Association’s position regarding past practice of the xxx- ing of such suspensions. (d) Hearings shall be conducted in accordance with the Rules of Procedure attached hereto as Appendix B. A. The Special Xxxxx- xxxx to the CommissionerExecutive Vice President, Administration or the Commissioner, as the case may be, shall render a written decision as soon as practicable follow- ing the conclusion of such hearing, and may affirm, modify, or revoke the disciplinary action originally imposed. The decision by the Special Assistant to the CommissionerExecutive Vice President, Administration or the Commis- sioner, as the case may be, shall constitute full, final and com- plete disposition of the complaint and shall have the same effect as a Grievance decision of the Arbitration Panel. (2) Fines Notwithstanding the provisions of paragraph (1) above, if any such discipline imposed upon a Player by the Senior Vice Pres- ident, Standards and On-Field Operations involves a fine in an amount which exceeds $1,10,000 or a suspension exceeding 10 games, any complaint relating thereto shall be appealable from the decision of the Executive Vice President, Administration to the Commissioner for determination in the same manner and with the same effect as provided in paragraph 1(b) of Section A hereof.

Appears in 3 contracts

Samples: Basic Agreement, Basic Agreement, Basic Agreement

Special Procedure with Regard to Certain Disciplinary Action. Except as set forth in Article XII(E)(3)(c), complaints Complaints involving a fine or suspension imposed upon a Player by the Chief Baseball Officer Vice President, On-Field Operations or the Commissioner for conduct con- duct on the playing field or in the ballpark shall be subject exclusively to this Section C as follows: (1) Fines Exceeding $1,000 and Suspensions (a) The Office of the Commissioner will provide the Players Association with any applicable Umpire’s Incident Report con- temporaneously with the Notice of Discipline. Except as set forth in Section C(2) below (with respect to fines of $1,000 or less and no suspension), any Any Player who believes that he has a justifiable complaint regarding such discipline may, within 7 days of his receipt of written writ- ten notification of the discipline, appeal in writing to the Special Assistant to the CommissionerPresident and Chief Operating Officer, if the discipline was imposed by the Chief Baseball OfficerVice President, On-Field Operations, or to the Commissioner, if the discipline was imposed by him, for a hearing. (b) . Upon receipt of the notice of appeal, the Special Assistant to the Commissioner President and Chief Operating Officer or the Commissioner, as the case may be, shall designate a time and place for hearing the appeal, which hearing shall be commenced within 10 days from the date of receipt of the appeal. Unless If the appeal disputed discipline involves an incident in which three a fine equal to or more players were suspendedless than $1,000 and does not involve a suspension, all appeal hearings the hearing shall be held by videoconferenceconference call; provided, except that however, that, if the Player may elect an in-person elects, the hearing shall be held in per- son and in New York if the following circumstances: (i) Player’s Club is scheduled to be in New York within thirty days from the date of the appeal, or if the Player is makes himself available for a hearing in New York during the 10that 30-day period; or (ii) the Player is suspended in excess of five games (for a starting pitcher) or in excess of three games (for a position player or relief pitcher), in which case an in-person . Such hearing shall be scheduled at a mutually agreeable location within the 10-day period. (c) Discipline for Post-season Conduct. Notwithstanding paragraph (b) above, a hearing involving a suspension for con- duct on the playing field or in the ballpark during the post-season shall be heard within forty-eight (48) hours of the receipt of the appeal. The Chief Baseball Officer, or the Commissioner, as the case may be, shall determine the timing of the suspension, sub- ject to the Player’s right to appeal and without prejudice to the Players Association’s position regarding past practice of the xxx- ing of such suspensions. (d) Hearings shall be conducted in accordance with the Rules of Procedure attached hereto as Appendix B. A. The Special Xxxxx- xxxx to the Commissioner, President and Chief Operating Officer or the Commissioner, as the case may be, shall render a written decision as soon as practicable follow- ing following the conclusion con- clusion of such hearing, and may affirm, modify, or revoke the disciplinary dis- ciplinary action originally imposed. The decision by the Special Assistant to President and Chief Operating Officer or the Commissioner, or the Commis- sioner, as the case may be, shall constitute full, final and com- plete complete disposition of the complaint com- plaint and shall have the same effect as a Grievance decision of the Arbitration Panel. (2) Fines Notwithstanding the provisions of paragraph (1) above, if any such discipline imposed upon a Player by the Vice President, On-Field Operations involves a fine in an amount which exceeds $1,5,000 or a suspension exceeding 10 days, any complaint relating thereto shall be appealable from the decision of the President and Chief Operating Officer to the Commissioner for determination in the same manner and with the same effect as provided in paragraph 1(b) of Section A hereof.

Appears in 1 contract

Samples: Basic Agreement

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Special Procedure with Regard to Certain Disciplinary Action. Except as set forth in Article XII(E)(3)(c), complaints involving a fine or suspension imposed upon a Player by the Chief Baseball Officer Senior Vice President, On- Field Operations (or comparable title/position) or the Commissioner for conduct on the playing field or in the ballpark shall be subject exclusively to this Section C as follows: (1) Fines Exceeding $1,000 and Suspensions (a) The Office of the Commissioner will provide the Players Association with any applicable Umpire’s Incident Report con- temporaneously with the Notice of Discipline. Except as set forth in Section C(2) below (with respect to fines of $1,000 or less and no suspension), any Player who believes that he has a justifiable complaint regarding such discipline may, within 7 days of his receipt of written notification of the discipline, appeal in writing to the Special Assistant to the Commissioner, if the discipline was imposed by the Chief Baseball OfficerSenior Vice President, On-Field Operations (or comparable title/position), or to the Commissioner, if the discipline disci- xxxxx was imposed by him, for a hearing. (b) Upon receipt of the notice of appeal, the Special Assistant to the Commissioner or the Commissioner, as the case may be, shall designate a time and place for hearing the appeal, which hearing shall be commenced within 10 days from the date of receipt of the appeal. Unless the appeal involves an incident in which three or more players were suspended, all appeal hearings shall be held by videoconference, except that the Player may elect an in-person hearing in the following circumstances: (i) the Player is available for a hearing in New York during the 10-day period; or (ii) the Player is suspended in excess of five games (for a starting pitcher) or in excess of three games (for a position player or relief pitcher), in which case an in-person hearing shall be scheduled at a mutually agreeable location within the 10-day period. (c) Discipline for Post-season Conduct. Notwithstanding paragraph (b) above, a hearing involving a suspension for con- duct on the playing field or in the ballpark during the post-season shall be heard within forty-eight (48) hours of the receipt of the appeal. The Chief Baseball OfficerSenior Vice President, On-Field Operations (or com- parable title/position), or the Commissioner, as the case may be, shall determine the timing of the suspension, sub- ject subject to the Player’s right to appeal and without prejudice to the Players Association’s position regarding past practice of the xxx- ing timing of such suspensions. (d) Hearings shall be conducted in accordance with the Rules of Procedure attached hereto as Appendix B. The Special Xxxxx- xxxx to the Commissioner, or the Commissioner, as the case may be, shall render a written decision as soon as practicable follow- ing the conclusion of such hearing, and may affirm, modify, or revoke the disciplinary action originally imposed. The decision by the Special Assistant to the Commissioner, or the Commis- sioner, as the case may be, shall constitute full, final and com- plete disposition of the complaint and shall have the same effect as a Grievance decision of the Arbitration Panel. (2) Fines of $1,

Appears in 1 contract

Samples: Basic Agreement

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