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

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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.

Mike Moustakas out for the rest of the 2016 season with a torn ACL

KANSAS CITY, MO - APRIL 21:  Mike Moustakas #8 of the Kansas City Royals hits a single in the first inning against the Detroit Tigers at Kauffman Stadium on April 21, 2016 in Kansas City, Missouri. (Photo by Ed Zurga/Getty Images)
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Royals third baseman Mike Moustakas has been placed on disabled list with a torn right ACL, the club announced on Thursday. He is expected to miss the rest of the season, per MLB.com’s Jeffrey Flanagan. Outfielder Brett Eibner has been recalled from Triple-A Omaha.

Moustakas suffered the injury colliding with teammate Alex Gordon attempting to catch a foul ball. Gordon suffered a fractured scaphoid bone, which will keep him out of action for three to four weeks.

It’s a tough break for Moustakas as he missed time earlier this month with a fractured thumb. He lands back on the DL hitting .240/.301/.500 with seven home runs and 13 RBI in 113 plate appearances.

Twins suspend pitching coach Neil Allen for DWI arrest

CLEVELAND, OH -  MAY 10: Pitching coach Neil Allen #41 talks with starting pitcher Trevor May #65 of the Minnesota Twins during the fourth inning against the Cleveland Indians at Progressive Field on May 10, 2015 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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Per Mike Berardino of the St. Paul Pioneer Press, the Twins have suspended pitching coach Neil Allen without pay after he was arrested for driving while intoxicated (DWI). Eric Rasmussen will serve as the pitching coach in the interim.

Allen has served as the Twins’ pitching coach since 2014. He pitched in the majors over parts of 11 seasons from 1979-89.

The Twins are 12-34, a half-game worse than the Braves for the worst record in baseball. The pitching staff gives up 5.39 runs per game on average, the worst mark in the American League.

Video: Gerrit Cole cranks out a three-run home run

PITTSBURGH, PA - MAY 20:  Gerrit Cole #45 of the Pittsburgh Pirates pitches during the third inning against the Colorado Rockies on May 20, 2016 at PNC Park in Pittsburgh, Pennsylvania.  (Photo by Joe Sargent/Getty Images)
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Pirates starter Gerrit Cole helped his own cause during Thursday afternoon’s 8-3 victory over the Diamondbacks. The right-hander erased a 1-0 deficit in the bottom of the second inning, cranking out a three-run home run to left-center field off of lefty Patrick Corbin.

It’s Cole’s second career home run. The other one came on September 7, 2014 off of Cubs pitcher Blake Parker.

Since Cole came into the league in 2013, he is one of only 22 pitchers (min. 100 plate appearances) with above-average production at the plate, going by FanGraphs’ wRC+ stat.

As for the pitching, Cole went five innings in a no-decision against the D-Backs, yielding an unearned run on seven hits and three walks with five strikeouts. On the year, he’s 5-3 with a 2.53 ERA and a 44/16 K/BB ratio in 53 1/3 innings.

Rougned Odor’s suspension reduced to seven games

ARLINGTON, TX - MAY 23: Rougned Odor #12 of the Texas Rangers fields a ground ball hit by C.J. Cron #24 of the Los Angeles Angels of Anaheim  in the fifth inning at Global Life Park on May 23, 2016 in Arlington, Texas. (Photo by Rick Yeatts/Getty Images)
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Major League Baseball has reduced Rangers second baseman Rougned Odor‘s eight-game suspension by one game to seven, MLB Network’s Jon Heyman reports. Odor will begin serving the suspension on Friday, and the Rangers are expected to call up infielder Jurickson Profar from Triple-A Round Rock to replace Odor, per MLB.com’s T.R. Sullivan.

Odor landed a right cross on the face of Blue Jays outfielder Jose Bautista in a series finale between the two teams on May 15. Bautista, who had been hit in the ribs by a Matt Bush fastball, slid in late and hard to Odor in an attempt to break up a ground ball double play attempt. Odor didn’t take kindly to Bautista’s slide. After Odor swung at Bautista, the benches emptied.

Bautista had his appeal hearing on Thursday morning. A decision on his case, a one-game suspension, isn’t expected to be made for another day or two.

Profar, 23, has hit .284/.356/.426 with five home runs and 26 RBI in 189 plate appearances at Round Rock this season.