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.
Athletics’ rookie catcher Bruce Maxwell did not stand for the National Anthem on Saturday night. He’s the first MLB player to do so and, like other professional athletes before him, used the moment to send a message — not just to shed light on the lack of racial equality in the United States, but to specifically protest President Donald Trump’s suggestion that NFL owners fire any of their players who elect to protest the anthem by sitting or kneeling.
“Bruce’s father is a proud military lifer. Anyone who knows Bruce or his parents is well aware that the Maxwells’ love and appreciation for our country is indisputable,” Maxwell’s agent, Matt Sosnick, relayed to the San Francisco Chronicle’s Susan Slusser on Friday. He continued:
Bruce has made it clear that he is taking a stand about what he perceives as racial injustices in this country, and his personal disappointment with President Trump’s response to a number of professional athletes’ totally peaceful, non-violent protests.
Bruce has shared with both me and his teammates that his feelings have nothing to do with a lack of patriotism or a hatred of any man, but rather everything to do with equality for men, women and children regardless of race or religion.
While Maxwell didn’t make his own statement to the media, he took to Instagram earlier in the day to express his frustration against the recent opposition to the protests, criticizing the President for endorsing “division of man and rights.”
Despite Trump’s profanity-laced directive to NFL owners on Friday, however, it’s clear the Athletics don’t share his sentiments. “The Oakland A’s pride ourselves on being inclusive,” the team said in a statement released after Maxwell’s demonstration. “We respect and support all of our players’ constitutional rights and freedom of expression.”
Whatever the fallout, kudos to Maxwell for taking a stand. He may be the first to do so in this particular arena, but he likely won’t be the last.
This one is brutal. Tigers’ right-handed reliever Alex Wilson was diagnosed with a broken leg after taking a blistering 103.8-MPH line drive off of his right leg during Saturday’s game against the Twins. According to the Detroit News’ Chris McCosky, it’s a non-displaced fibular fracture, but will still warrant an extended recovery period and signal the end of Wilson’s season.
Wilson replaced Drew VerHagen to start the eighth inning and worked a full count against Joe Mauer. Mauer roped an 93.3-MPH fastball back up the middle, where it struck the pitcher on his right calf. While Mauer took first base, Wilson got to his feet and tried to toss a warm-up pitch, but was in too much pain to continue and had to be helped off the field.
Even in a season that isn’t going anywhere in particular, this isn’t how you want it to end. The Tigers have yet to announce a recovery timetable for the 30-year-old reliever, but he won’t return to the mound until 2018. He exited Saturday’s outing with a 4.35 ERA, 2.3 BB/9 and 6.3 SO/9 over 60 innings.
The Tigers currently trail the Twins 10-3 in the bottom of the ninth inning.