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

56 Comments

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.

Jacob deGrom scratched due to gloomy weather report

Getty Images
Leave a comment

The Mets have scratched Jacob deGrom from tonight’s start against the San Diego Padres because of the risk of rain in New York. Rafael Montero will start in deGrom’s place.

Manager Terry Collins said there is no physical issue with deGrom, but that because of the chance of rain, he didn’t want to risk a short outing. de Grom will start Friday’s game against the Pirates.

Red Sox to activate David Price for a Monday start

Getty Images
1 Comment

Earlier today we talked about how David Price was knocked around in a minor league rehab start. Apparently he felt good while being knocked around because he’s going to make a start for the Red Sox on Monday afternoon against the White Sox.

Healthy is all that truly matters at this point, what with Drew Pomeranz struggling and Steven Wright out for the year. The Sox need someone to eat some innings at the moment. If it takes him a bit to get super sharp, well, so be it.