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: Jared Hoying gets shaken up after making a catch at the wall

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Rangers’ center fielder Jared Hoying put everything on the line to make a spectacular catch at the wall on Saturday, saving a run during the team’s eventual 3-1 loss to the Blue Jays. In the fifth inning, Kevin Pillar crushed a ball off of Yu Darvish, sending it 393 feet to the warning track in center field. It took Hoying 5.4 seconds to reach the ball, gloving it just before he crashed into the wall at full speed.

The center fielder was down on the field for several seconds and looked to be in considerable pain, drawing the attention of the Rangers’ training staff while he caught his breath. Postgame reports revealed that Hoying had not sustained any major or minor injuries during the crash, but simply needed time to recover after having the wind knocked out of him. He stayed in the game through the seventh inning and was able to field another two fly balls with little trouble, neither of them quite as dramatic as Pillar’s attempted hit off the wall.

With the loss, the Rangers now sit 9.5 games back of the division lead.

Former U.S. Senator and Hall of Fame pitcher Jim Bunning dies at age 85

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Jim Bunning, Hall of Fame right-handed pitcher and former U.S. Senator, died on Friday at age 85. He suffered a stroke in October 2016 and was in hospice care when he died, according to former Senate chief of staff Jon Deuser.

Bunning rose to prominence in Major League Baseball during his first full season with the Tigers in 1957, recording 14 complete games and a league-leading 20 wins. The following year, Bunning pitched his first career no-hitter against the Red Sox, just the fourth no-hitter in franchise history. During his first season with the Phillies in 1964, Bunning followed up his no-hitter with a perfect game against the Mets, marking the first National League perfecto in the 20th century. By the time he retired in 1971, he boasted seven All-Star nominations, 2,855 strikeouts (maintaining his second-place ranking on the all-time strikeout list from 1967-1971) and a 224-184 record over 17 seasons.

Following a storied major league career, Bunning entered politics at age 46, serving 12 years in the House and eventually getting elected to the Senate at age 67, where he served two terms. The Republican senator was famously outspoken for his opposition to steroids in baseball, illegal immigration and an extension of unemployment benefits, among other issues, and drew criticism within his party for his ornery nature and controversial statements. He declined to run for a third term in 2010, citing a lack of financial support from the National Republican Senatorial Committee and choosing instead to throw his weight behind fellow candidate Rand Paul.

Major League Baseball Commissioner Rob Manfred issued a statement following news of Bunning’s death on Saturday:

Jim Bunning led an extraordinary life in the National Pastime and in public service.  He was a consistent winner and workhorse pitcher for the Detroit Tigers and the Philadelphia Phillies.  Jim threw no-hitters in both leagues, pitched a perfect game on Father’s Day in 1964 and, at his retirement, had more strikeouts than any pitcher in history except Walter Johnson.

“In his baseball career, Jim was proud of always taking the ball.  The work ethic that made him a Hall of Famer led him to the House of Representatives and the United Stated Senate.  He served the state of Kentucky for more than two decades and became the only Hall of Famer ever to serve in Congress.

“On behalf of Major League Baseball, I send my deepest condolences to Senator Bunning’s family, friends, constituents and the many fans who admired his career in our game.