lawsuit gavel

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

56 Comments

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.

Braves sign former football player Sanders Commings

GLENDALE, AZ - AUGUST 15:  Cornerback Sanders Commings #26 of the Kansas City Chiefs on the sidelines during the pre-season NFL game against the Arizona Cardinals at the University of Phoenix Stadium on August 15, 2015 in Glendale, Arizona.  (Photo by Christian Petersen/Getty Images)
Christian Petersen/Getty Images
2 Comments

The Braves have signed former football player and current outfielder Sanders Commings, an Augusta, Georgia native, to a minor league contract, Ken Rosenthal of FOX Sports reports.

Commings, 26, was a defensive back who played for the University of Georgia before being selected by the Chiefs in the fifth round of the 2013 draft. He appeared in two games in the 2013 season.

Commings also played baseball for Westside High School and was selected by the Diamondbacks in the 37th round of the 2008 draft. He chose to attend the University of Georgia instead. When football didn’t pan out, Commings started training with Jerry Hairston, Jr. Hairston said he was “blown away” when he saw Commings hit for the first time.

Obviously, Commings’ path to success as a professional baseball player will be long, but it’s a no-risk flier for the Braves. The club has past experience with football players, including Deion Sanders and Brian Jordan.

The next task for the Braves will be to acquire Ryan Goins from the Blue Jays. That way, players will look at the lineup card each day to see if it’s Commings or Goins.

Justin Verlander: “I’d like to see the AL and NL have the same rules… I vote NL rules.”

SEATTLE, WA - AUGUST 10:  Starting pitcher Justin Verlander #35 of the Detroit Tigers pitches against the Seattle Mariners in the first inning at Safeco Field on August 10, 2016 in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
Otto Greule Jr/Getty Images
7 Comments

On Thursday afternoon, Rays pitcher Chris Archer asked his Twitter followers, “Lots swirling around what needs to be changed about the game of baseball. What do y’all want to see changed, if anything, & why?”

Tigers ace Justin Verlander responded:

To that, Archer said:

For what it’s worth, Verlander hasn’t been much of a hitter. In 47 career plate appearances, he has three singles and no extra-base hits. And if the AL did get rid of the DH rule, the Tigers would have nowhere to put Victor Martinez. Verlander, though, would have an easier time pitching to opposing pitchers rather than their DH’s.