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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.

The Dodgers tied a dubious major league record yesterday

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The Dodgers beat their arch rival last night and expanded their lead in the NL West over those Giants to two games. That’s good! They also set a record for the most players on the disabled list in a season. That’s bad!

Los Angeles placed Brett Anderson and Scott Kazmir on the disabled list yesterday. Anderson has a blister on the index finger of his pitching hand. Kazmir has neck inflammation. Kazmir is the 27th different Dodgers player to go on the DL this year, which ties the record held by the 2012 Boston Red Sox. No word on whether Anderson has set any records for any one individual’s trip to the DL, but he has to be getting up there.

Records on this particular mark only go back to 1987. I’m sure its possible some team lost more than that due to the 1919 influenza pandemic or to some iteration of a Yellow Fever epidemic or something, but this is easily the most since antibiotics were invented.

Orioles place Chris Tillman on the disabled list

BALTIMORE, MD - AUGUST 20:  Chris Tillman #30 of the Baltimore Orioles is taken out of the game by manager Buck Showalter #26 in the third inning against the Houston Astros at Oriole Park at Camden Yards on August 20, 2016 in Baltimore, Maryland.  (Photo by Greg Fiume/Getty Images)
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Bad news for the Orioles, as they placed their best starter, Chris Tillman, on the 15-day disabled list last night with an inflamed shoulder. Tillman received a cortisone shot but he’s getting the time off nonetheless. He’s expected to be activated on September 5.

The Orioles’ rotation has been thin all year, but Tillman has been great. He’s 15-5 with a 3.76 ERA in 153 innings of work. His last start, however, on August 20, was awful. He gave up six runs on six hits in two innings. Tillman says it was the result of rust due to a nine-day layoff, but it’s hard to imagine that whatever is bothering his shoulder didn’t have an impact on the outing. Ubaldo Jimenez will get the start in Tillman’s place Thursday. He has . . . been less than reliable on the year.

Baltimore wakes up this morning two games behind Toronto and Boston in the AL East but safely in the second Wild Card position for the time being.