lawsuit gavel

Three former minor leaguers file a class action suit against Major League Baseball over unfair labor practices

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From the “I’m surprised it has taken this long” department, three former minor leaguers — Aaron Senne, Michael Liberto and Oliver Odle — have filed a putative class action lawsuit against Major League Baseball alleging that minor leaguers are underpaid and exploited and that the Uniform Player Contract unfairly takes advantage of them.

The upshot: excluding bonuses which only a few minor leaguers get in any real size, Major League Baseball often pays minor leaguers less than $7,500 for an entire season and requires mandatory overtime in violation of state and federal wage laws. The Uniform Player Contract they are required to sign binds them to a team and keeps them from shopping their services elsewhere. Though they are only paid during the season, they are required to perform duties such as training, meetings and the like all year long and their duties and obligations to the club extend on a year-round basis too.

I’m not labor law expert but it strikes me that there are things to talk about here. And that they system in place is less explicitly blessed by the legally system than it is merely accepted and, as far as I know, never challenged on grounds of unfair labor practices.  More general things like the draft, however, are most likely subject to the antitrust exemption.

One thing I’d be very curious to see: the minor leaguers sue the MLBPA too. For, even though they are not allowed to be members of the MLBPA nor have a seat at the bargaining table when player rights are defined, they are subject to them. Indeed, major leaguers have routinely negotiated away the rights of amateurs and minor leaguers in exchange for things that benefit them. It’s a messed up system, frankly.

It’ll be a long time before this goes anyplace. The first thing that has to happen is the certification of a class. That doesn’t always happen. And if it doesn’t, it would be let as a lawsuit by only three plaintiffs as opposed to minor leaguer in general.

Worth watching, though.

Someone stole Jose Fernandez’s high school jersey after a vigil

MIAMI, FL - JULY 09:  Jose Fernandez #16 of the Miami Marlins pitches during the game against the Cincinnati Reds at Marlins Park on July 9, 2015 in Miami, Florida.  (Photo by Rob Foldy/Getty Images)
Getty Images
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People are the absolute worst sometimes. The latest example: someone stole one of Jose Fernandez’s high school jerseys, which had been displayed in his old high school’s dugout for a vigil last night.

That report comes from Anastasia Dawson of the Tampa Bay Times who covered the vigil at Alonso High School in Tampa yesterday. Her story of the vigil is here. Today she has been tweeting about the theft of the jersey. She spoke to Alonso High school’s principal who, in a bit of understatement, called the theft the “lowest of the low.”

The high school had one more Fernandez jersey remaining and has put it on display in the school. In the meantime, spread this story far and wide so that whatever vulture who stole it can’t sell it.

 

What Hall of Fame-eligible pitcher would you ask to pitch today?

Mike Mussina
Associated Press
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In an earlier post I made a joke about the Indians starting Dennis Martinez if forced to play a meaningless (for them) game on Monday against the Tigers. On Twitter, one of my followers, Ray Fink, asked a great question: If you had to hand the ball to a Hall of Fame-eligible pitcher to give you three innings, who would it be?

The Hall of Fame-eligible part gets rid of the recently-retired ringers, requiring a guy who has been off the scene for at least five years, ensuring that there’s a good bit of rust. I love questions like these.

My immediate answer was Mike Mussina. My thinking being that of all of the great pitchers fitting these parameters, he’s the most likely to have stayed in good shape. I mean, Greg Maddux probably still has the best pitching IQ on the planet, but he’s let himself go a bit, right? Mussina strikes me as a guy who still wakes up and does crunches and stuff.

If you extend it to December, however, you may get a better answer, because that’s when Tim Wakefield becomes eligible for the Hall. I realize a knuckleball requires practice to maintain the right touch and subtlety to the delivery, but it also requires the least raw physical effort. Jim Bouton went well more than five years without throwing his less-than-Wakefield-quality knuckler and was still able to make a comeback. I think Tim could be passable.

Then there’s Roger Clemens. I didn’t see his numbers for that National Baseball Congress tourney this summer and I realize he’s getting a bit thick around the middle, but I’m sure he can still bring it enough to not embarrass himself. Beyond the frosted tips, anyway.

So: who is your Space Cowboys-style reclamation project? Who is the old legend you dust off for one last job?