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.

Yankees decide to keep Luis Severino on regular rest, give Twins potential Wild Card preview

AP Photo/Frank Franklin II
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Yankees starter Luis Severino pitched last Friday, putting him on track to start Wednesday’s series finale against the Twins. The Yankees mulled the possibility of pushing him back to start on Friday against the Blue Jays after an off day on Thursday so that the Twins wouldn’t get an early look at Severino in a potential AL Wild Card matchup.

However, MLB.com’s Bryan Hoch reports that Severino will indeed start on Wednesday against the Twins instead of Masahiro Tanaka. Hoch adds that Severino’s preference is to pitch on regular rest.

Severino, 23, has been the Yankees’ best starter this year and would be the most reliable arm in a must-win game. The right-hander is carrying a 13-6 record with a 2.93 ERA and a 218/49 K/BB ratio in 184 1/3 innings.

Entering Tuesday’s action, the Yankees hold a five-game lead over the Twins for the first Wild Card slot. The Angels hold a 1.5-game lead over the Angels for the second slot. The Yankees are also very much in the AL East race, trailing the Red Sox by only three games with 12 games left in the regular season.

You should probably pay attention to Matt Olson

Associated Press
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The claim of “East Coast Bias” is often hurled as an accusation of smug superiority, and it’s often met with denial, but it’s a thing. It’s not the exact thing the west coast people think it is — it’s not hate, it’s just a function of time zones and TV ratings — but there are certainly factors that cause stuff that happens in California to get shorter shrift than that which happens back east, where most of the national media people are.

One thing getting short shrift this year: the performance of Oakland A’s first baseman Matt Olson, which one has to imagine would be getting all kinds of press if he played back east.

Wait, we don’t have to imagine that at all. Because Olson is doing basically the exact same thing Yankees catcher Gary Sanchez did last year, and Sanchez got tons of headlines for it while I’m guessing most baseball fans who either (a) live outside of the Bay Area; or (b) aren’t big fantasy players, attuned to all of the latest callups, haven’t heard Olson’s name much if at all . Their respective lines:

  • Sanchez 2016: 53 games, .299/.376/.657, 20 HR, 168 OPS+
  • Olson 2017: 54 games, .267/.360/.663, 22 HR 168 OPS+

Sanchez’s rate stats were better but Olson is doing it in tougher parks for hitters. Obviously Sanchez is catching and Olson playing the corner, but a dude coming out of the minors to put up these kinds of numbers in the final two months of the season is rare. That it’s happening again, in almost the same way, is quite the thing.

Part of the reason for the discrepancy in press is that Sanchez was making a strong argument for the Rookie of the Year Award despite playing less than half the season whereas Olson has no shot given what Aaron Judge has done this year. But I’m guessing more of it is simply a function of Olson’s games starting at 10:30 or so back east and most of us not seeing what he does unless we look at the box scores the next day.

Still, Olson, the A’s first round pick from 2012, is not someone to sleep on. And, given that he hit 23 homers in 79 minor league games this year — the last guy to hit 20 in both the bigs and minors in the same year was Giancarlo Stanton — he’s not a fluke. Indeed, he’s one of the few rays of sunshine for the Oakland Athletics. And someone to whom us folks back east should pay a bit more attention.