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.
If you’ve happened to catch any of the coverage of the 2016 postseason on Fox and FS1, you’ve heard former Yankees DH Alex Rodriguez as part of an analyst panel with host Kevin Burkhardt and former major leaguers Pete Rose and Frank Thomas. Rodriguez has drawn rave reviews not just for passing a rather low bar we set for former athletes-turned-commentators, but because he’s adding real insight drawn both from his playing days and from doing research.
Indeed, Rodriguez is taking his new job as an analyst quite seriously, Newsday’s Neil Best reports. Bardia Shah-Rais, the VP of production for Fox, said of Rodriguez, “This is not a hobby for him. It’s not a parachute in. He’s invested. If we have a noon meeting, he’s there at 11:30 a.m. He’s emailing story ideas in the morning. He wants research. He’s almost all-in to the point where it’s annoying.”
Rose also praised Rodriguez, saying, “You’ve never been around a guy who prepares more than Alex does. Alex does his homework. He knows the game. He understands players. He’s into the deal . . . Frank does a great job in preparation, too. I’m the only one that don’t prepare as much as these two guys. I don’t know if that’s because I can’t write or what it is. But these guys do their homework and they ask questions and they ask the right questions and then you put that in with our experience, all the things we’ve been through and how good we get along with each other, that’s why it shows up on the TV.”
Rodriguez, who hasn’t officially retired despite not having played since the Yankees released him in mid-August, wouldn’t commit to more TV work beyond this year’s postseason.
The weather in Cleveland is not that great at the moment. It’s cold, windy, there’s drizzle and the chance for heavier rain increases as the night wears on. At the moment Game 2 of the World Series is still scheduled to kick off at 7:08PM Eastern Time, however. So bundle up.
And maybe hunker down. Because this game is going to go nine innings no matter what. Maybe not tonight, but eventually.
That’s because, you may recall, ever since that rainy, snowy mix forced the suspension in the sixth inning of Game 5 of the 2008 World Series between the Phillies and the Rays, Major League Baseball has held that all playoff games will be played in their entirety. There will be no six-inning, rain-shortened affairs.
The last word from MLB was that they would reassess the weather just before starting pitchers began to warm up this evening. If things still look about the same then, the game will proceed as scheduled. If the weather takes a turn for the worse, they’ll suspend the game and pick it up where it leaves off tomorrow.