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.

Aaron Judge set a new postseason strikeout record

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For a few days, it looked like Aaron Judge was finally hitting his stride in the postseason. He was still striking out at a regular clip, piling more and more strikeouts atop the 16 he racked up in the Division Series, but he was mashing, too. He engineered a three-run homer during Game 3 of the Championship Series, followed by another blast and game-tying double in Game 4. His one-out double helped pad a five-run lead in Game 5, while his 425-footer off of Brad Peacock barely made a dent during a 7-1 loss in Game 6. And then Lance McCullers‘ curveball found and fooled him, as it did five of the 14 batters it met in Game 7:

The strikeout was Judge’s first of the evening and 27th since the start of the playoffs. No other major league batter has racked up that many strikeouts in a single postseason, though Alfonso Soriano’s 26-strikeout record in 2003 comes the closest. Within that record, Judge also collected three golden sombreros (four strikeouts in a single game), narrowly avoiding the dreaded platinum sombrero (five strikeouts in a single game).

It’s an unfortunate footnote to a spectacular year for the rookie outfielder, who decimated the competition with 52 home runs and 8.2 fWAR during the regular season and was a pivotal part of the Yankees’ playoff run. Thankfully, the image of McCullers’ curveball darting just under Judge’s bat won’t be the image that sticks with us for years to come. Instead, it’ll look something like this: