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The Mets should not be able to keep their first round pick if they sign Michael Bourn

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We mentioned yesterday that the Mets are asking Major League Baseball to allow them to keep their first round pick this year — the 11th pick — in the event they signed Michael Bourn. This despite the fact that the new CBA says that only top-10 picks are protected if a team signs a player who has been given a qualifying offer.

Ken Rosenthal lays all of the reasoning out in his column today. The thinking: the Mets would have been the tenth pick had the Pirates not been awarded their own compensation pick for failing to sign Mark Appel, their first round pick from 2012. The Mets were the 10th worst team, the thinking goes, so they should be able to keep their pick even if it’s now technically the 11th. Rosenthal notes that the Mets and the union would support this deviation but that Major League Baseball would likely fight it.

For once I’m on Major League Baseball’s side here. The reason? The new CBA’s failure to address compensation picks kicking someone out of the top 10 in such a situation is not some mere oversight that inadvertently subverts the spirit of the rule and the intent to help out bad teams like the Mets. Rather, it was a very specific and conscious omission.

Indeed, the last CBA specifically protected top 15 picks from compensation and specifically exempted draft compensation picks — like the one the Pirates got for not signing Appel — from counting.  The new CBA changes that to the top 10 picks and makes no mention of draft compensation picks. This is not merely a matter of “rules are rules.” It’s about the fact that MLB and the union actively removed protection for the Appel-pick situation. They saw it there in the last version, had someone highlight the text and hit “delete.” They knew exactly what they were doing.

To suggest, then, that the current setup goes against the spirit of the rules is simply wrong. The union and the league changed the spirit from what it was before. Why should Michael Bourn and his agent and the Mets now benefit because that rule is now in force?

If this becomes a grievance, it’s going to go to an arbitrator. I would hope that an arbitrator holds the league and the union to the bargain they actively hammered out.  A bargain that, if they don’t like now, they should be forced to changed rather than simply set aside because it’s inconvenient for them.

Dave Roberts: Clayton Kershaw could be activated on Tuesday

LOS ANGELES, CA - MAY 17:  Clayton Kershaw #22 of the Los Angeles Dodgers heads to the dugout at the end of the first inning against the Los Angeles Angels at Dodger Stadium on May 17, 2016 in Los Angeles, California.  (Photo by Harry How/Getty Images)
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Dodgers manager Dave Roberts said that there is a possibility that starter Clayton Kershaw will be activated after throwing a simulated game on Tuesday, Alanna Rizzo of SportsNet LA reports. Kershaw threw a 60-pitch bullpen session on Friday. His activation depends on how he feels coming out of the simulated game.

Kershaw, 28, has been out since late June with mild disk herniation in his lower back. There was some consternation last month that the lefty might need back surgery, but he seems to have moved past that worry.

At the time he hit the disabled list, Kershaw was a front-runner for the National League Cy Young Award, owning an 11-2 record with a 1.79 ERA and a 145/9 K/BB ratio in 121 innings.

The Dodgers entered play Monday with a two-game lead over the Giants in the NL West. Needless to say, getting Kershaw back bolsters their odds of winning the division.

Pirates place Gerrit Cole on the disabled list with elbow inflammation

PITTSBURGH, PA - AUGUST 24:  Gerrit Cole #45 of the Pittsburgh Pirates delivers a pitch in the first inning during the game against the Houston Astros at PNC Park on August 24, 2016 in Pittsburgh, Pennsylvania. (Photo by Justin Berl/Getty Images)
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Starter Gerrit Cole has been placed on the 15-day disabled list, retroactive to August 25, with posterior inflammation of his right elbow, the Pirates announced. Pitcher Steven Brault has been recalled from Triple-A Indianapolis for Monday night’s start against the Cubs.

Cole was scratched from Monday’s start on Sunday and instead traveled to Los Angeles to be examined by Dr. Neal ElAttrache. The right-hander previously underwent an MRI which ruled out structural damage.

Cole hits the shelf with a 3.55 ERA and a 95/32 K/BB ratio over 114 innings. The Pirates entered play Monday a half game out of the second National League Wild Card slot, so losing him for at least two more weeks will sting.