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.
The Diamondbacks have signed free agent left-hander Jorge De La Rosa to a minor league deal, per a team announcement on Sunday. The contract includes an invitation to spring training. Nick Piecoro of AZCentral.com adds that De La Rosa stands to make $2.25 million if he secures a spot on the major league roster, with up to $600,000 in incentives if he pitches out of the bullpen and up to $1 million in incentives if he pitches out of the starting rotation.
The 35-year-old is expected to compete for a bullpen role after spending the better part of a decade in the Rockies’ rotation. He capped a nine-year run with Colorado in 2016, finishing the year with a 5.51 ERA, 4.2 BB/9 and 7.3 SO/9 over 134 innings. Despite his struggles out of the rotation, he found limited success in a three-game stint in the bullpen, striking out 10 of 26 batters and holding the opposition to just three hits and one earned run in eight innings.
The veteran lefty is set to join a bullpen comprised of right-handers Randall Delgado, Jake Barrett and Fernando Rodney, along with a number of unproven candidates on similar minor league contracts. His age and command issues may be off-putting, but the promise he showed as a reliever should give the Diamondbacks some upside as they attempt to redeem a league-worst bullpen in 2017.
Blue Jays’ third baseman Josh Donaldson is expected to miss up to three weeks with a right calf strain, reports John Lott. Donaldson reportedly felt some discomfort in his calf during sprinting drills on Friday and was diagnosed with what looked like a mild strain after undergoing an MRI on Saturday. According to Lott, the 31-year-old is on crutches for the next few days and will likely miss 2-3 weeks of spring training.
Donaldson had a similar scare at the start of the 2016 season, when he limped out of the batter’s box during the Blue Jays’ first regular season road trip with a right calf strain. He returned to DH two days later, however, and was back on the field in less than a week’s time. Blue Jays’ GM Ross Atkins told MLB.com’s Corey Long that the two calf injuries are unrelated, and expects that Donaldson will recover in similar fashion this spring — well before Opening Day comes around.