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 Blue Jays placed right-hander Aaron Sanchez on the 10-day disabled list with a blister on his right middle finger, the club announced Saturday. This marks the fourth disabled list stint for Sanchez this season after blister issues cropped up again during his start against the Red Sox on Wednesday. Per MLB.com’s Gregor Chisholm, there is still no estimated timetable for his return to the mound.
Sanchez, 25, has made just eight starts for the Blue Jays in 2017. Between multiple trips to the DL, he’s racked up a 4.25 ERA, 5.0 BB/9 and 6.0 SO/9 through 36 innings and currently carries a 1-3 record. He started to look stable after delivering his first quality start last week, but lasted only four innings against Boston on Wednesday night and issued six hits, five runs and two strikeouts in another losing effort.
In a corresponding move, the Blue Jays activated right-hander Joe Smith from the 10-day disabled list (right shoulder inflammation) and recalled fellow righty Chris Smith from Triple-A Buffalo. Left-handed reliever Jeff Beliveau, who suffered in an eight-run inning during Friday’s 13-3 loss to the Indians, was designated for assignment.
Diamondbacks’ left-hander Anthony Banda is set to make his big league debut on Saturday, per a team announcement. The Diamondbacks recalled the southpaw from Triple-A Reno prior to the game after Taijuan Walker was placed on paternity leave.
It’s been a rough season for the club’s top prospect, who enters Saturday’s contest with a 5.08 ERA, 3.8 BB/9 and 8.3 SO/9 over his first 101 innings in Triple-A this season. The 23-year-old lefty carries a 7-5 record through his first 18 starts and is coming off of his worst outing of the year, during which he issued 15 hits, seven runs and just one strikeout against the Angels-affiliated Salt Lake Bees.
Facing Banda is Nationals’ right-hander Tanner Roark, who owns a 4.98 ERA, 3.3 BB/9 and 7.2 SO/9 through 106 2/3 innings in 2017. Roark pitched a respectable six innings in his last start, scattering four hits, three runs and five strikeouts en route to his seventh win of the season. He also has the added benefit of pitching behind one of the league’s most potent offenses, and boasts a hefty run support average of 5.68 runs per game.
The D-backs currently lead the Nationals, 1-0, and will face off for their second game at 8:10 ET on Saturday night.