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.
Cardinals shortstop Aledmys Diaz was childhood friends with Marlins pitcher Jose Fernandez, so it was expected when Diaz took time away from the team on Monday to visit Fernandez’s family in Miami. They grew up on the same street in Cuba and played for the same youth baseball team and both would ultimately wind up playing Major League Baseball in the United States.
In the bottom of the fourth inning of Tuesday night’s game against the Reds, Diaz hit a 2-1 Robert Stephenson fastball out to left-center field for a no-doubt grand slam. Teammate Yadier Molina gave Diaz a tight hug as he crossed home plate.
Before Tuesday’s game, Diaz said that the best way to honor Fernandez was to play with his passion, as MLB.com’s Jenifer Langosch reports. Diaz said, “I only play for [Fernandez’s] family right now.”
Here’s the video.
The Red Sox would have clinched the AL East if one of two things happened on Tuesday night: the Red Sox themselves beat the Yankees, or the Orioles defeated the Blue Jays. Neither happened.
The Jays soundly took down the Orioles 5-1 behind six strong innings from Aaron Sanchez. Josh Donaldson went 2-for-2 with a two-run home run and a pair of walks and leadoff batter Ezequiel Carrera went 2-for-3 with a solo homer, an RBI single, a walk, and three runs scored.
Meanwhile, at Yankee Stadium, the Yankees outlasted the Red Sox for a 6-4 win, responding to both two-run innings the Sox had in the sixth and seventh with a run in the sixth and two in the seventh. Gary Sanchez hit his 20th homer of the season. Didi Gregorius and Tyler Austin also contributed dingers. Starter Luis Cessa pitched well, limiting the Sox to two runs over six innings on five hits and a walk with two strikeouts. Red Sox starter David Price struggled, yielding six runs in 6 1/3 innings. Yankees reliever Tyler Clippard got into trouble in the ninth inning but was able to wiggle out of trouble to finish out the game.
Once again, the Red Sox will be able to clinch the AL East on Wednesday with a win over the Yankees or a Blue Jays loss to the Orioles.