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a player having his salary withdrawn after such a team-issued suspension.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.
宝贝碰对国民队提出“申诉仲裁”
原因是宝贝碰跟Harper发生冲突之后,被国民队禁赛四场,而国民没有支付那四场的薪水
宝贝碰主张没有这种“球队禁止球员出赛而不付薪水”的先例
名词解释:
grievance arbitration
申诉仲裁；权利仲裁
１涉及对一既存合同的违反或有关合同解释的仲裁。
２劳动法上，指对雇员的申诉所作的仲裁，通常涉及雇员主张依集体谈判协议
〔collective-bargaining agreement〕，其雇员权利受到了侵犯。仲裁程序通常规定在集
体谈判协议中。也称作rights arbitration。
我不确定台湾有没有类似的法律程序,不过看来双方要上法庭了
有兴趣可以参考法条
https://www.law.cornell.edu/uscode/text/5/7121
补充:
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.
根据CBA规定,球队有权在有“正当理由”的情况下做“惩诫性”的动作
该条款并没有授权或限制惩罚的种类
如果球员受到这种惩戒性的处罚可以提申诉仲裁,来决定是否存在处罚的“正当理由”