lawsuit gavel

His “gravest sin?” Hogwash. If A-Rod wants to reverse his suspension he HAS to sue the Union

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More going way-too-far from baseball writers who are not conversant with labor law. Mike Vaccaro of the New York Post saying that A-Rod is awful — the headline says he committed “his gravest sin” —  in suing the MLBPA yesterday. In the article he says A-Rod “slanders a dead man” in mentioning Michael Weiner in his complaint, which is the most extreme version yet of the fallacy I discussed this morning.

Let’s inject some actual information into this, shall we? David Ziff, who is a lecturer at the University of Washington School of Law, alerts me to legal precedent which not only makes A-Rod’s suing of the MLBPA not a “grave sin,” but makes it absolutely essential if he is to advance his case.

A-Rod’s suit comes pursuant to Section 301 of the Labor Management Relations Act or the “LMRA.” Here is what the law has to say about suing your union in such cases:

When union members sue their employer for breach of contract under section 301 of the LMRA, they must also state a prerequisite claim of breach of their union’s duty of fair representation. See Vaca v. Sipes, 386 U.S. 171, 186-87 (1967); Thomas v. United Parcel Serv., Inc., 890 F.2d 909, 914-16 (7th Cir. 1989). This is because ordinarily, union members must first use the grievance procedures specified in the CBA rather than directly sue the employer; only when the union has breached its duty to fairly represent the union members in that grievance process may the union members bring a claim against their employer. See, e.g., DelCostello v. Int’l Bhd. of Teamsters, 462 U.S. 151, 163-64 (1983).

It’s not a choice by A-Rod, and certainly not a “sin.” His effort to sue MLB and overturn his arbitration award REQUIRES that he sue the union as well. If not, he has no claim at all.

Perhaps your response to this is “well, he shouldn’t be suing.” But if it is, at least admit that you’re angry at A-Rod for fully exercising his rights, not the manner in which he is doing so. Because to do it any other way would constitute legal malpractice.

Wade Davis? Greg Holland? Who needs ’em?

KANSAS CITY, MO - AUGUST 21: Joakim Soria #48 of the Kansas City Royals throws in the eighth inning against the Minnesota Twins at Kauffman Stadium on August 21, 2016 in Kansas City, Missouri. (Photo by Ed Zurga/Getty Images)
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The story of the two-time defending AL champion and current defending World Series champ Kansas City Royals cannot be told without talking at length about their bullpen.

In 2014, Wade Davis, Greg Holland and Kelvin Herrera formed a shutdown brigade that not only made it next to impossible for the opposition to mount late rallies, but managed something which seemed utterly impossible before 2014: they turned Ned Yost into a tactical genius. Indeed, the only time Yost got criticism at all that fall was when he messed with the autopilot formula that had that three-headed monster handling the 7th, 8th and 9th innings.

Much the same happened in 2015, of course, despite Holland’s sharp decline and eventual injury. Davis and Herrera continued their dominance. They were joined by Ryan Madson and a cast of other effective relievers who, along with timely hitting, great defense and good health, helped propel the Royals to the title.

This year had not been quite the same story. Holland has been out all year and Davis, while effective when he’s pitched, has missed time due to injury. As has longtime contributor and presumptive next-man-up Luke Hochevar. Herrera is basically still Herrera, but Ned Yost has been presented with a decidedly different set of choices. Lots of choices and Ned Yost don’t always go together well, but lately that hasn’t mattered.

Last night the Royals’ bullpen came in to a close game and tossed three scoreless innings. That set a franchise record with 32 straight scoreless frames, besting the previous record set back in the club’s inaugural season in 1969. The streak is a huge part of why the Royals have won nine games in a row.

Unlike the success of 2014-15, the streak is not a three-man show. As Rustin Dodd of the Kansas City Star notes, eight different relievers have appeared for Kansas City during the streak, with Joakim Soria and Matt Strahm leading the crew with five and a third innings pitched. Herrera has tossed five scoreless. Otherwise it’s been a group effort with even Peter Moylan offering a couple of scoreless frames. And here you thought Moylan was, I dunno, gearing up for the upcoming Brisbane Bandits season. Nope.

The Royals are still not, in my view anyway, a lock to make the postseason. It’s a a crowded field right now. They’re seven and a half back in the AL Central and four back in the Wild Card with a bunch of teams in front of them. But they’re certainly playing themselves back into the conversation. They’re interesting. And they’re doing it in much the same way they’ve done it the past two years. Only with different dudes doing the do.

Video: Mookie Betts made a ridiculous throw last night

Screen Shot 2016-08-24 at 10.16.51 AM
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Mookie Betts was an infielder once upon a time and the knock on him both then and since his move to the outfield was that maybe his arm was not fantastic. As an infielder there was talk that he was better suited to the right side than the left. As an outfielder people were saying that, with work, his arm could be average and/or serviceable. Not bad, of course, but not anything to write home about.

Maybe we need to reassess that, because last night he uncorked one from right field that would make Dwight Evans says “dang, man.”

 

And the throw mattered, as Kiermaier represented the tying run in a game that, at the time, the Sox were leading 2-1.

Betts is a dangerous middle-of-the-order bat at age 23. And now he shows that he’ll nail a fast runner with a frozen rope if he has to. The guy is going to win an MVP award some day. And maybe not just one.