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


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.

David Phelps to undergo Tommy John surgery

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Pitcher David Phelps has a torn UCL and will undergo Tommy John surgery, ending his 2018 season, the Mariners announced on Wednesday. Phelps was making brief one-inning stints in the Cactus League as he worked his way back from a procedure to remove a bone spur from his elbow last September. He said he felt the ligament tear on his final pitch against the Angels in his March 17 appearance.

Phelps, 31, was expected to set up for closer Edwin Diaz. The right-hander, between the Marlins and Mariners last season, posted a 3.40 ERA with a 62/26 K/BB ratio in 55 2/3 innings. He and the Mariners avoided arbitration in January, agreeing on a $5.55 million salary for the 2018 campaign. Phelps will become eligible to become a free agent at the end of the season.

As the Mariners noted in their statement, the expected recovery period for Tommy John surgery is 12-15 months, so this very likely cuts into Phelps’ 2019 season as well.