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.
OXON HILL, MD — Edwin Encarnacion began the offseason as, arguably, the second most desirable free agent on the market. As the Winter Meetings approach their end, however, he is a man without a team. And may not have a team any time soon.
Many teams have been rumored to be checking in on Encarnacion, but the defining trait of his free agency thus far has been clubs taking a pass. The most recent one being the Rangers, who are reported to simply not have the money to sign him, despite him filling a clear offensive need in Texas. Maybe the Rangers would be more competitive on the free agent market if they had a new stadium. Who knows?
The Blue Jays, for whom he most recently played, offered him a four-year, $80 million deal that most figured was a lowball, and when he rejected it, they moved on to Kendrys Morales. The Red Sox acquired Mitch Moreland. The Yankees are reported to be passing. The most recent team linked to Encarnacion is the Indians, who are reported to have an offer out to him, but at this point it’s likely far lower than what most free agent watchers thought he might get a few weeks ago. A four-year, $90 million deal did not seem crazy for him in October. In December, there is speculation that he could be had for $60 million over that same term which, frankly, would be a bargain. That’s less than Mark Melancon, the third best closer on the market, got from the Giants.
There have been a lot of remarkable things that have happened in the past few weeks, but one of the most unexpected things would be one of the top bats in the game getting second-tier closer money.
OXON HILL, MD — Bill King has been selected as the 2017 recipient of the Ford C. Frick Award, presented annually for excellence in broadcasting by the National Baseball Hall of Fame and Museum.
King, one of the iconic voices of Bay Area sports, was known for his handlebar mustache and his signature “Holy Toledo!” exclamation. King broadcast A’s games for 25 seasons, from 1981 through 2005. He likewise broadcast Oakland Raiders and Golden State Warriors games and got his start as an announcer for the Giants in the late 1950s after they moved to San Francisco.
King passed away in October 2005. With the Frick Award, however, he has now been immortalized among baseball broadcasters.