As we reported the other day, Major League Baseball released its new social media policy. And it’s good.
But do parts of it run afoul of federal labor laws?
That’s the question asked by lawyer Eric B. Meyer of The Employer Handbook blog. He suggests that some of the prohibitions in the policy violate parts of the National Labor Relations Act which protect employees who engage in protected concerted activity. Which is a legal term of art meaning “employees can’t be prohibited from discussing working conditions.”
Meyer’s point is that the social media policy prohibition against disparaging umpires inhibits that. For example, if two ballplayers were on Twitter discussing the state of umpiring — a condition which has a direct bearing on players’ ability to do their job — that the NLRB would find that to be protected employee speech.
I’m no labor lawyer so I don’t have any particular expertise here, but I suppose I can see that. I’m curious, though, about exceptions to that rule (there are always exceptions). Exceptions that cite other reasons — besides inhibiting employee communication — for the prohibition. For example, you know that two CIA agents wouldn’t be allowed to discuss the crappy food provided by the agency at the safe house where they debrief their Iranian double agents, right?
Baseball wouldn’t have a security argument, of course, but it would likely say that public discussions of the umpires would undermine the consumer’s confidence in the product, not that it’s simply bad for management that players are discussing it. Maybe there are other reasons that would invoke exceptions. Anyone with any NLRA insight here is invited to comment.
Probably moot anyway. Because most bitching about umpires is done solo, and as Meyer notes, just one person complaining on Twitter is not protected by the NLRA. And I’m really having a hard time seeing two players engaging in those kinds of conversations on social media.
The Mets had to scratch both Jose Reyes and Wilmer Flores an hour before Wednesday’s game against the Yankees due to ribcage injuries, so Travis d'Arnaud borrowed David Wright‘s glove and played third base for the first time in his career. He had played some third base in spring training, but as far as an official professional game goes, he’s never been there.
The first two batters the Yankees sent up to the plate in the first inning were left-handed. But when the right-handed Aaron Judge came up, manager Terry Collins swapped second baseman Asdrubal Cabrera with d’Arnaud. It became a thing. The two swapped once more in the first inning, three times in the second, once in the third, five times in the fourth, once in the fifth, three times in the sixth, four times in the seventh, once in the eighth, and twice in the ninth. It worked, as d’Arnaud didn’t have an opportunity to make a play until catching Todd Frazier‘s pop-up for the first out of the ninth inning — as a second baseman. Cabrera had a handful of opportunities, including immediately after having swapped with d’Arnaud.
The Mets lost 5-3. At the plate, d’Arnaud went 0-for-3 with a sacrifice fly. Cabrera was 1-for-4.
Matt Reynolds and Gavin Cecchini are being recalled from Triple-A Las Vegas so the Mets don’t have to do the “3B-2B shenanigans,” as MLB.com’s Anthony DiComo put it, again.
Cubs starter John Lackey stole the first base of his 15-year career on Wednesday against the Reds. Of course, he spent the first 11 and a half years of his career in the American League, where opportunities to bat, let alone attempt to steal a base, were rare. Lackey entered Wednesday having taken 250 plate appearances, reaching base just 31 times on 17 singles, seven doubles, and seven walks for a .134 on-base percentage. One can imagine the 38-year-old is not exactly the swiftest base runner.
Still, Lackey managed to swipe a bag in the fourth inning. He singled with two outs against Homer Bailey. Then, with an 0-1 count on Ben Zobrist, Lackey broke for second even before Bailey began his windup. Tucker Barnhart stood up to alert Bailey that Lackey was running, so Bailey wheeled around and threw to second base, but Lackey slid into the bag easily safe. It wasn’t a pretty slide, but it did the job.
Lackey, however, was picked off of second base by Barnhart later that inning. Bailey threw a 3-2 fastball wide of the strike zone, walking Zobrist. Lackey had wandered too far off of second base, so Barnhart threw behind Lackey and the tag was applied by Zack Cozart. Lackey was called safe initially. The play was reviewed and the ruling on the field was overturned, ending the fourth inning.
Base Ba’al giveth and Base Ba’al taketh away.