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.
There’s certainly never a bad time to hit a home run, but when you get the opportunity to crush a triple-deck, 493-foot shot off of Tyler Duffey, you should take it. With the Mariners down 2-0 to the Twins in the fourth inning, Cruz hammered a fastball to deep left field for his 39th long ball of the season — and the second-longest home run hit in 2016, to boot.
It doesn’t hurt that the Mariners are 1.5 games back of a playoff spot, although they’ll have to oust the Blue Jays, Orioles, or Tigers to get a wild card. They’ve gone 3-3 in the last week, dropping two consecutive series to the Astros and Blue Jays and taking their series opener against Minnesota 10-1 on Friday night.
Cruz, for his part, entered Saturday’s game with a .299/.337/.610 batting line and six home runs in September. According to ESPN.com’s Home Run Tracker, Cruz sits behind Edwin Encarnacion and Mike Napoli with 13 “no-doubt” home runs in 2016, third-most among major league sluggers. It’s safe to say he can add Saturday’s moonshot to that list.
Marlins’ outfielder and undisputed home run king Giancarlo Stanton remains untouched at the top of the Statcast leaderboard with a 504-ft. home run, and it’s difficult to envision any slugger reaching beyond that before the end of the season. Even so, Cruz won’t need to clear 500 feet to extend an impressive hitting record. One more home run will put the 36-year-old at 40 on the year, making 2016 his third consecutive season with at least 40 homers, and his second such season doing so in Seattle.
It’s been a strange season for Red Sox’ third baseman Pablo Sandoval, who lost his starting role in spring training, went 0-for-6 in three regular season appearances, and underwent season-ending surgery to repair a torn labrum in his left shoulder in May. That was the last the Red Sox were supposed to hear about Sandoval until spring 2017, when he was expected to rejoin the team after a lengthy rehab stint in Florida.
On Saturday, manager John Farrell was telling a different story. Per MLB.com’s Sam Blum, Farrell hinted that Sandoval could return to the team as soon as October, albeit in a very limited capacity.
At the time of the surgery, it was all looking at the start of next Spring Training,” Farrell said. “We’re not getting too far ahead of ourselves here, but at the same time, we compliment him for the work he’s put in, the way he’s responded to the rehab, the way he’s worked himself into better condition. We’re staying open-minded.
If the 30-year-old does return in 2016, don’t expect him to look like the three-home run hitter of the 2012 World Series. Should the Red Sox lose another player to injury, Sandoval might be called on as a backup option, but he’s unlikely to see substantial playing time under any other circumstances. Despite making two appearances at DH in the instructional league, Sandoval has not started at third base since undergoing surgery, though Farrell noted that a return to third base would be the next logical step in his recovery process.
Sandoval has yet to hit his stride within the Red Sox’ organization after hitting career-worst numbers in 2015. According to FanGraphs, his Offensive Runs Above Average (Off) plummeted to -20.2, contributing approximately two wins fewer than the average offensive player in 2015. (The Diamondbacks’ Chris Owings held the lowest Off mark in 2015, with -26.3 runs below average.) Sandoval has not appeared in a postseason race since the Giants’ championship run in 2014.
Heading into Saturday evening, the Red Sox could clinch their spot in the postseason with a win over the Rays and an Orioles’ loss.