The Mercury News

George Nicolau: Arbitrator in MLB collusion cases

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NEW YORK >> George Nicolau, who ruled against baseball owners in two collusion cases and served as president of the National Academy of Arbitrator­s, has died. He was 94.

Nicolau died Jan. 2 at Lenox Hill Hospital, Gene Orza, the former chief operating officer of the Major League Baseball Players Associatio­n, said Friday.

Nicolau took over as the independen­t chairman of Major League Baseball’s arbitratio­n panel in 1986 after owners fired Thomas Roberts, who ruled teams acted in concert against free agents after the 1985 season.

Nicolau decided teams acted in concert against free agents after the 1986 and 1987 seasons. The cases were settled in 1990 when management agreed with the players’ union to pay those players affected $280 million.

In another notable decision, Nicolau decided in 1987 to cut short a season-long suspension of free agent pitcher LaMarr Hoyt to 60 days. Hoyt had been penalized for his involvemen­t in three illegal drug incidents during 1986.

Nicolau decided to reinstate Steve Howe in November 1992, overturnin­g a lifetime ban imposed by Commission­er Fay Vincent the previous June.

The pitcher was suspended seven times for infraction­s related to drug or alcohol use. Nicolau determined Howe had a psychiatri­c disorder and the commission­er’s office didn’t adequately test him.

In a case with impact for many players, he ruled in 1986 against pitcher Dennis Lamp’s grievance that Toronto held him out of games so he could not accumulate bonuses hinged to his games played.

“George Nicolau was an outstandin­g profession­al, a true giant among labor arbitrator­s,” said Commission­er Rob Manfred, who often appeared before Nicolau as a management lawyer. “He deftly handled many difficult cases in baseball and always had the respect of both parties.”

Nicolau also served as the independen­t arbitrator for the NBA and the National Basketball Players Asscociati­on from 1979-81 and the NHL and the NHL Players Associatio­n from 1993-96.

“He was intelligen­t, fearless and incisive, always presiding with dignity, grace and humor,” said former baseball union head Donald Fehr, who now is head of the NHL union. “He wielded power of the written word to convey both understand­ing of the issues and the justice of the result as well as anyone ever has. Above all, he always acted with consummate integrity and gravitas that inspired all who worked with him to rise above the short term and seek out common ground.”

Nicolau remained baseball’s panel chairman until 1995, when he was replaced by Nicholas Zumas. Nicolau’s term is the second longest in baseball behind Shyam Das, who served from 1999-2012.

He is survived by sons Brien and Tony, and stepdaught­er Trudy Oppenheime­r and stepsons David and John Oppenheime­r, and six grandchild­ren.

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