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.

Braves trade David Hernandez to the Angels

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The Atlanta Braves and Los Angeles Angels have completed a minor trade: Atlanta is sending righty reliever David Hernandez to the Angels in exchange for a player to be named later or cash considerations.

Hernandez hasn’t pitched in the big leagues this year. He’s pitched in seven games at Triple-A, allowing one earned run in eight innings of work. In seven years of big league work he’s got an ERA of 4.10 in 379 games. Last year he put up a 3.84 ERA in 70 games for the Phillies.

I’m assuming the PTBNL is not Mike Trout.

The Nats are sniffing around for relief pitching help

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The Nationals began the year with Blake Treinen as their closer. That didn’t last long, and now Koda Glover seems to be Dusty Baker’s man in the ninth inning. He earned a save for the second consecutive game yesterday. Glover has been pretty darn good in the early going, posting a 2.35 ERA and striking out six batters and walking only one in seven and two-thirds. That obviously a small sample size, and anything can happen. If it does, Baker has Shawn Kelley as an option.

Not many household names there, which is probably why the Nationals are reported to be interested in the White Sox’ David Robertson and Alex Colome of the Rays. That report comes from Jim Bowden of ESPN, who also notes that the A’s have a number of guys with closing experience on staff and are likely to be sellers too. The David Robertson thing may have more legs, though, given that Mike Rizzo and Rick Hahn pulled off a pretty major trade in the offseason. If you know a guy well, you call that guy first, right?

As far as problems go this isn’t a huge one. The Nats sit at 13-5 and, as expected by most prognosticators, are in first place in the National League East. The Cubs had some questions in the pen this time last year too. They had the luxury of trying to figure it out before making a massive trade for a closer. The Nats do too, and likely will. But expect them to be a part of any trade rumor conversation for the next couple of months.