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.

Nick Williams has been trying to sell Jake Arrieta on the Phillies

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CSN Philly’s Jim Salisbury reports that Phillies outfielder Nick Williams has been working out daily with free agent starter Jake Arrieta in Austin. The right-hander, who won the 2015 National League Cy Young Award, still remains teamless with spring training less than a month away. Williams has been trying to sell Arrieta on joining the Phillies.

Williams said of Arrieta, “He loves it here [Austin]. He has told me he likes working with young guys. I’m like, ‘All right, come on up.’ But I’m not writing the check. I don’t know what he wants. I don’t really dig into that because I’m not really in his position.”

On GM Matt Klentak’s hunt for pitching help, new manager Gabe Kapler said, “The pursuit is very real. I have a lot of trust that we’ll either go in [to spring training] with a new toy or we will pass on the opportunity because we’re better off giving this collection of pitchers a really healthy look because we thought that we could go acquire that piece a little bit later on this season or in the offseason next year.”

Arrieta, who turns 32 years old in March, went 14-10 with a 3.53 ERA and a 163/55 K/BB ratio in 168 1/3 innings last season with the Cubs. The Cubs, Cardinals, and Brewers have been linked to Arrieta this month.

Presently, the Phillies’ starting rotation figures to include Aaron Nola, Jerad Eickhoff, and Vince Velasquez along with some combination of Nick Pivetta, Ben Lively, Zach Eflin, Mark Leiter, and Jake Thompson. Arrieta would certainly amount to a big upgrade in the starting rotation and could make the Phillies a more attractive landing spot for Bryce Harper or Manny Machado, who become free agents after the 2018 campaign. The Phillies are expected to be in the mix for either or both players.