lawsuit gavel

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.

Report: Tim Lincecum is not ready for retirement

ANAHEIM, CA - JULY 29:  Tim Lincecum #55 of the Los Angeles Angels during the second inning of the game against the Boston Red Sox at Angel Stadium of Anaheim on July 29, 2016 in Anaheim, California.  (Photo by Jayne Kamin-Oncea/Getty Images)
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Free agent right-hander Tim Lincecum isn’t ready to hang up his cleats just yet. At least, that’s the word from Lincecum’s agent, Rick Thurman, who says the 32-year-old is still “throwing and getting ready for the season” (via Andrew Baggarly of the San Jose Mercury News).

Lincecum may not be ready to enter retirement, but another quote from Thurman suggests that he’ll be picky about where he pitches next. He doesn’t appear open to pitching overseas, and despite not having a contract for 2017 (or even any serious suitors), the right-hander is set on pitching in the big leagues this year. Whether or not he’s willing to take a bullpen role to do so remains to be seen.

While Baggarly predicts some interest in the veteran righty, there’s not much in Lincecum’s recent history to inspire faith in him as a starter, or even a reliever. He picked up a one-year, $2.5 million contract with the Angels following his hip surgery in 2015, and went 2-6 in 2016 with a 9.16 ERA, 5.4 BB/9 and 7.5 SO/9 over 38 1/3 innings. At this point, a minor league contract seems like the surest path back to major league success, though he’s unlikely to find an open spot on the Giants’ or Angels’ rosters anytime soon.

Report: Jeff Manship signs with NC Dinos

CLEVELAND, OH - NOVEMBER 01:  Jeff Manship #53 of the Cleveland Indians throws a pitch during the sixth inning against the Chicago Cubs in Game Six of the 2016 World Series at Progressive Field on November 1, 2016 in Cleveland, Ohio.  (Photo by Elsa/Getty Images)
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Free agent right-hander Jeff Manship has reportedly signed with the NC Dinos of the Korea Baseball Organization, according to FanRag Sports’ Jon Heyman. The righty was non-tendered by the Indians in December.

Manship, 32, completed his second season with Cleveland in 2016. He delivered a 3.12 ERA, 4.6 BB/9 and 7.5 SO/9 rate over 43 1/3 innings, a slight decline after posting an 0.92 ERA with the club the year before. During eight years in the major leagues, Manship carries a 4.82 career ERA, 3.6 BB/9 and 6.4 SO/9 in multiple stints with the Twins, Rockies, Phillies and Indians.

The right-hander will be joined by fellow MLB transplants Eric Hacker and Xavier Scruggs, each of whom took one-year deals with the Dinos last month. Steve Adams of MLB Trade Rumors notes that each KBO team is allowed up to three foreign players, so Manship will round out the trio when he joins the roster. Any salary terms have yet to be disclosed.