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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.

And That Happened: Thursday’s scores and highlights

MIAMI, FL - MAY 21: Jose Fernandez #16 of the Miami Marlins pitches during the first inning of the game against the Washington Nationals at Marlins Park on May 21, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
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Here are the scores. Here are the highlights:

Marlins 9, Rays 1: Jose Fernandez struck out 12 in seven innings. After the game he said “it’s time for me to learn how to manage myself on the mound and learn how to pitch.” Wow, he’s doing all of this in ignorance? Just imagine how many dudes he’d strike out if he learned to pitch. It’s like Barry Allen in season 1 of “The Flash” when he still didn’t even know what he was doing but was still pretty impressive. I mean, look at Fernandez in the picture above. He even sorta looks like The Flash.

Astros 4, Orioles 2: George Springer hit two solo homers, but the real story was, once again, just how strikeout-tastic the Astros pitching staff was. Astros pitchers combined for 15 strikeouts on the night. That goes with their 18 strikeouts on Wednesday night and their 19 strikeouts on Tuesday to set a new major league record for strikeouts in a three-game series with 52. The New 52, as it were.

Pirates 8, Diamondbacks 3: Gerrit Cole hit a three-run homer but the Pirates blew the lead he gave them. Luckily Josh Harrison, who didn’t start because he was sick, came off the bench to hit  two-run double in the bottom of the sixth to give them back the lead for good. They’d add some insurance later. Always gotta be careful not to add too much insurance, though, as it may inspire Barbara Stanwyck and Fred MacMurray to bump you off. Or maybe Kathleen Turner and William Hurt.

Blue Jays 3, Yankees 1: J.A. Happ allowed one run over seven innings and notched his sixth win. He outdueled CC Sabathia who turned in his best outing of the season (7 IP, 2 H, 2 R, 0 ER, 7K) but simply didn’t get the run support. Sabathia allowed one earned run in 20 innings in the month of May.

Nationals 2, Cardinals 1: Homers from Bryce Harper and Danny Espinosa backed Joe Ross, who is quite quietly having a sweet season at the back end of the Nats’ rotation, boasting a 2.52 ERA in nine starts. OK, he’s probably not boasting. He seems like a fine young man who lets his actions speak rather than his words. That’s what my source tell me, anyway. My source is Joe Ross’ mom. I’m worried that she may be biased, however, so I’m using a second source: his grandma. I’m gonna get to the bottom of this Joe Ross character controversy, that I can promise you.

Rockies 8, Red Sox 2: Jackie Bradley Jr.’s hitting streak ends at 29. And with that, Joe DiMaggio cracks open the bottle of champagne he saves for the end of every hitting streak of 25 games or more. Mercury Morris taught him that trick and you can never go wrong with doing something Mercury Morris thinks is cool. Trevor Story hit his 13th homer.Carlos Gonzalez and Dustin Garneau went deep too. Clay Buchholz‘s ERA is now 6.35.

Brewers 6, Braves 2Ryan Braun and Jonathan Villar each homered as the Brewers swept the Braves. They have three wins in Turner Field in three games this year. Atlanta has two wins in Turner Field in 22 games this year.

White Sox vs. Royals — POSTPONED: I don’t care if it rains

(Let’s all go to the bar)
I don’t care if there’s a hurricane
(Let’s all go to the bar)
And I don’t care if I’m the one to blame
(Let’s all go to the bar)

Video: Bryce Harper launches a homer into the upper deck

WASHINGTON, DC - MAY 24: Bryce Harper #34 of the Washington Nationals looks on against the New York Mets at Nationals Park on May 24, 2016 in Washington, DC. (Photo by Patrick Smith/Getty Images)
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Nationals outfielder Bryce Harper has had a tough month of May. Opposing pitchers have become increasingly unwilling to throw hittable pitches in the strike zone for him, and he’s had trouble adjusting. Entering Thursday’s action, Harper was hitting .194/.454/.306 with two home runs in 97 plate appearances this month. 31 of those plate appearances ended in a walk, nine intentionally.

Harper finally got a pitch to hit in the sixth inning against Cardinals starter Mike Leake. Leake threw a 1-1 curve and Harper promptly launched into the upper deck at Nationals Park. It’s Harper’s 12th homer of the year.

Jackie Bradley, Jr.’s hitting streak ends at 29 games

BOSTON, MA - MAY 25:  Blake Swihart #23 of the Boston Red Sox congratulates Jackie Bradley Jr. #25 after he scored a run against the Colorado Rockies  during the fifth inning at Fenway Park on May 25, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. was unable to continue his hitting streak on Thursday night, going 0-for-4 out of the leadoff spot against the Rockies in an 8-2 loss. He hit a deep fly ball to right field in the first inning, missing a home run by a few feet. He hit another deep drive in the fifth, but it was caught in front of the wall in center field at Fenway Park by Charlie Blackmon. In his final at-bat, Bradley weakly grounded out on the first pitch from Jon Gray to lead off the eighth inning.

Bradley’s 29-game streak tied Johnny Damon for the fourth-longest streak in Red Sox history. Dom DiMaggio still has the longest in club history at 34 games.

Shortstop Xander Bogaerts was able to extend his hitting streak streak to 19 games. He went 1-for-3, hitting a line drive single in the first.

Softball legend Jennie Finch to manage a professional men’s baseball team

NEW YORK, NY - NOVEMBER 03:  Jennie Finch attends a press conference at Marathon Pavilion in Central Park on November 3, 2011 in New York City.  (Photo by Andy Kropa/Getty Images)
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Softball legend Jennie Finch will make history on Sunday when she will serve as a guest manager for the Bridgeport Bluefish of the independent Atlantic League. She will become the first woman to manage a men’s professional baseball team.

In the club’s announcement, GM Jamie Toole said, “We are really excited to have Jennie come out and manage the team. She is an incredible athlete and a wonderful person, and we hope our fans will enjoy seeing her in a Bluefish uniform for the day.”

Finch won the 2001 Women’s College World Series with the University of Arizona. She won the gold medal with Team USA in the 2004 Summer Olympics and silver in the 2008 Summer Olympics.

Finch is only managing one game, but it’s still a positive step for inclusiveness in professional sports. Hopefully, in the future, we see more women in sportswriting, broadcasting, coaching, and front office positions.