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.
Expect Kyle Hendricks and Adam Warren to battle it out for the fifth spot in the Cubs’ starting rotation this spring, writes Gordon Wittenmyer for the Chicago Sun-Times. Clayton Richard could serve as a fallback option as well.
Hendricks, 26, pitched well in his first full season in 2015. He finished with a 3.95 ERA and a 167/43 K/BB ratio over 180 innings. That was a solid follow-up to his rookie campaign in 2014, when he posted a 2.46 ERA over 13 starts.
The Cubs acquired Warren, 28, from the Yankees in the Starlin Castro trade. He contributed both out of the rotation and the bullpen in the Bronx this past season, pitching 131 1/3 innings with a 3.29 ERA and a 104/39 K/BB ratio.
One through four, the Cubs’ rotation is solid with defending National League Cy Young Award winner Jake Arrieta, Jon Lester, John Lackey, and Jason Hammel.
Mets third baseman David Wright missed four months of the 2015 season due to spinal stenosis. In other words, Wright dealt with a narrowing of his spinal column. Going forward, the Mets plan to be cautious with Wright so as not to overuse him.
As ESPN’s Adam Rubin reports, Mets GM Sandy Alderson plans to have the 33-year-old Wright play in no more than 130 games. Alderson said, “We’re gonna make sure that he’s not overworked. So it’s important for us to find somebody who can play 30 games or so at third base when he’s not in there. But I think we have to be realistic, and not expect that he’s gonna be an absolute everyday [player] out there playing 150 or 155 games. That’s not gonna happen.”
Wilmer Flores played 26 games at third base in his rookie season in 2013, so he could back up Wright as needed. But Alderson mentioned that because Wright would mostly sit against right-handed pitchers, the switch-hitting Neil Walker or Asdrubal Cabrera could get the call at the hot corner.
When he was on the field last season, Wright hit a productive .289/.379/.434 with five home runs and 17 RBI in 174 plate appearances.
The Marlins would like to add “another pitcher or two” before pitchers and catchers report to Roger Dean Stadium in Jupiter, Florida, MLB.com’s Joe Frisaro writes. Among starting pitchers available, Kyle Lohse, Aaron Harang, and Alfredo Simon are candidates for the Marlins, but they may hold out for the possibility of inking a major league contract. Tim Lincecum and Cliff Lee are other potential candidates, per Frisaro.
This offseason, the Marlins signed Wei-Yin Chen to a five-year, $80 million deal and Edwin Jackson for the major league minimum. The back of the rotation, though, is still a question mark as Jarred Cosart, Adam Conley, and Justin Nicolino will compete with Jackson for two spots. David Phelps is dealing with an elbow injury and may or not be ready by Opening Day, but he could function in a swingman capacity as well.
You might want to sit down for this news. Giants manager Bruce Bochy has tabbed ace Madison Bumgarner to start on Opening Day in Milwaukee against the Brewers, CSN Bay Area’s Alex Pavlovic reports. Shocking, I know.
The Giants had a busy offseason, adding Johnny Cueto and Jeff Samardzija to the starting rotation, but neither had a shot at getting the Opening Day nod considering what Bumgarner has done for the Giants over the last five seasons.
Since the start of the 2011 season, the 26-year-old lefty compiled a 3.05 ERA with 1,034 strikeouts and 239 walks across 1,050 innings. Among starters who logged at least 800 innings in that span of time, only Clayton Kershaw, Cueto, Zack Greinke, David Price, and Felix Hernandez have posted lower ERAs. And Bumgarner is the only one among them with a championship ring. In fact, he has three.