Social Media

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.

Daniel Szew: “Landa was a leader, happy-go-lucky guy”

FORT MYERS, FL - MARCH 1:  Yorman Landa #81 of the Minnesota Twins poses for a photo during the Twins' photo day on March 1, 2016 at Hammond Stadium in Ft. Myers, Florida.  (Photo by Brian Blanco/Getty Images)
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Twins’ right-handed pitching prospect Yorman Landa passed away in a tragic car accident on Friday night, per a team statement. According to Mike Berardino of the Pioneer Press, 22-year-old Landa was in the passenger seat of the vehicle when it struck a fallen tree.

Daniel Szew, Landa’s agent, spoke highly of the young pitcher, who was one of his first clients back in 2010. Szew acknowledged Landa for helping him expand his company, LA Sports Management, and referred to the late pitcher as a leader and his “little brother.”

Per Berardino:

He was very even-keeled,” Szew said. “That was his personality. He wasn’t wild. That’s why this is so tragic. He wasn’t a wild guy. He was a happy-go-lucky guy who took life as it came, and he was super happy — always happy.

If leadership was one facet of Landa’s personality, so was loyalty. The 22-year-old agreed to a minor league contract with the Twins on Tuesday after getting cut from the 40-man roster, fulfilling a promise to re-sign with the club despite fielding multiple offers from competing teams. The deal included an invite to spring training, and comments from his agent suggested that the right-hander was “super confident” he’d break through to the major leagues in 2017, notwithstanding a troublesome shoulder injury that hampered his progress in High-A Fort Myers during the 2016 season.

“He never wanted to leave,” Szew told Berardino. “It was the only organization he ever knew.”

Our condolences go out to Landa’s family and the Twins organization during this terrible time.

Twins’ minor league pitcher Landa dies in Venezuela

FORT MYERS, FL - MARCH 05:  Yorman Landa #81 of the Minnesota Twins makes a throw to first base during the fourth inning of a spring training game against the Baltimore Orioles at Hammond Stadium on March 5, 2016 in Fort Myers, Florida.  (Photo by Stacy Revere/Getty Images)
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MINNEAPOLIS — The Minnesota Twins say minor league pitcher Yorman Landa has died in Venezuela. He was 22.

The club said in a statement that the Twins are “deeply saddened by the heartbreaking loss.” The team did not say how he died.

Landa pitched in the 2016 season with the Fort Meyers Miracle, going 2-2 with 7 saves and a 3.24 ERA in 41 2/3 innings pitched. His career minor-league ERA was 2.66.

Landa had been on the Twins’ 40-man roster, but was dropped after the season. The organization signed him to a minor-league contract last week.

Landa was signed by the Twins in 2010 as a 16-year old from Santa Teresa, Venezuela.