Are parts of baseball’s new social media policy … illegal?

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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.

Yankees GM Brian Cashman not considering demoting struggling Greg Bird

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Yankees first baseman Greg Bird gave his team tons of confidence to hand him the everyday job at first base to start the 2017 regular season, batting .451/.556/1.098 with eight home runs in 51 spring at-bats. But he’s followed that up by hitting .107/.254/.214 through the first month of the regular season.

GM Brian Cashman doesn’t have any intent to demote Bird back to Triple-A Scranton/Wilkes-Barre, MLB.com’s Bryan Hoch reports. Cashman said, “It’s not even an option for me in my mind right now, at all.”

Bird didn’t start Sunday’s game against the Orioles, a 7-4 loss in 11 innings. Lefty Wade Miley started for the Orioles, prompting manager Joe Girardi to put Chris Carter into the lineup at first base. If Bird isn’t able to figure things out, Carter might have an increased role on the team.

Chris Archer threw behind Jose Bautista

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Rays starter Chris Archer threw his first pitch to Blue Jays outfielder Jose Bautista behind the slugger’s back with one out in the first inning of Sunday afternoon’s game in Toronto. Bautista and Archer then had a staredown. Home plate umpire Jim Wolf issued warnings to both teams. Bautista ultimately flied out to right field and he appeared to have a quick word with Archer on his way back to the dugout.

Archer could have been exacting revenge — euphemistically known as “protecting his teammate” — because Jays reliever Joe Biagini hit Rays outfielder Steven Souza in the seventh inning of Saturday’s game. Souza was forced to leave the game and underwent an X-ray, which came back negative. He was held out of Sunday’s lineup. Biagini’s pitch did not appear to be intentional.

The Jays won Sunday’s contest 3-1 with no further incident. The two clubs meet again in Tampa for a three-game series starting on May 5, so we’ll see if Sunday was the last of the bad blood between them.