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.

Video: Jaime Garcia hits a 399-foot grand slam

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Jaime Garcia has been at the center of trade talks for several days now, but on Friday night, he commanded center stage for an entirely different reason. The Braves’ southpaw went head-to-head with Dodgers’ lefty Alex Wood and mashed his first career grand slam: a two-out, 399-foot blast that cleared the wall in right field and put the Braves up 9-0 in the fifth inning.

The bases-loaded knock was the third career home run for Garcia, whose contributions at the plate have been few and far between over his nine-year track in the major leagues. Not only did the homer mark an impressive career first for the 30-year-old, but it was just the second pitcher grand slam in Braves’ history and the first since 1966.

Garcia looked almost as impressive on the mound during Friday’s series opener, issuing one run, four hits and three strikeouts through his first six innings. The Braves currently lead the Dodgers 12-1 in the top of the seventh inning.

As for whether the slam will affect negotiations between the Braves and Twins? MLB.com’s Mike Petriello put it best:

Ryon Healy exits game after taking a ground ball to the face

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Athletics’ first baseman Ryon Healy had a scary moment during Friday’s loss to the Mets. Lucas Duda smacked a single to the first base side, where the ball took a high hop and caught Healy in the left temple. He crumpled to the ground after getting struck by the one-hopper, but was eventually able to stand and walk off the field with assistance from a trainer.

Prior to the injury, Healy went 2-for-3 at the plate with an RBI single in the first inning. He was replaced by Yonder Alonso, who finished off the rest of the night’s 7-5 loss with a walk in two plate appearances.

Following the game, manager Bob Melvin told reporters that Healy did not appear to have sustained a concussion as a result of the hit. Healy said he thinks he’ll be good to go for Saturday’s game, though a final decision likely won’t be made until tomorrow.