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


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.

Johan Camargo will start season on disabled list

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Braves third baseman Johan Camargo will begin the regular season on the disabled list with a strained side and back, David O’Brien of the Atlanta Journal-Constitution reports. Camargo suffered the injury last week in a Grapefruit League game against the Blue Jays and hasn’t played since.

With Camargo out, Rio Ruiz will likely play third base in his place, as well Charlie Culberson and Danny Santana. O’Brien notes that had Camargo not been injured, the Braves likely would’ve left Ruiz off the roster in favor of an extra outfielder or third catcher.

Camargo had a solid rookie season for the Braves in 2017, batting .299/.331/.452 across 82 games. Ruiz did not fare as well, batting .193/.283/.307 in 53 games.