Are parts of baseball’s new social media policy … illegal?

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As we reported the other day, Major League Baseball released its new social media policy.  And it’s good.

But do parts of it run afoul of federal labor laws?

That’s the question asked by lawyer Eric B. Meyer of The Employer Handbook blog.  He suggests that some of the prohibitions in the policy violate parts of the National Labor Relations Act which protect employees who engage in protected concerted activity. Which is a legal term of art meaning “employees can’t be prohibited from discussing working conditions.”

Meyer’s point is that the social media policy prohibition against disparaging umpires inhibits that. For example, if two ballplayers were on Twitter discussing the state of umpiring — a condition which has a direct bearing on players’ ability to do their job — that the NLRB would find that to be protected employee speech.

I’m no labor lawyer so I don’t have any particular expertise here, but I suppose I can see that. I’m curious, though, about  exceptions to that rule (there are always exceptions). Exceptions that cite other reasons — besides inhibiting employee communication — for the prohibition. For example, you know that two CIA agents wouldn’t be allowed to discuss the crappy food provided by the agency at the safe house where they debrief their Iranian double agents, right?

Baseball wouldn’t have a security argument, of course, but it would likely say that public discussions of the umpires would undermine the consumer’s confidence in the product, not that it’s simply bad for management that players are discussing it.  Maybe there are other reasons that would invoke exceptions. Anyone with any NLRA insight here is invited to comment.

Probably moot anyway. Because most bitching about umpires is done solo, and as Meyer notes, just one person complaining on Twitter is not protected by the NLRA.  And I’m really having a hard time seeing two players engaging in those kinds of conversations on social media.

Fried, Braves go to salary arbitration for 2nd straight year

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Brett Davis/USA TODAY Sports
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ST. PETERSBURG, Fla. — Pitcher Max Fried went to salary arbitration with the Atlanta Braves for the second straight year, asking for $15 million instead of the team’s $13.5 million offer.

The 29-year-old left-hander went 14-7 for the second straight season and lowered his ERA to 2.48 from 3.04 in 2021. Fried was a first-time All-Star last season, was second to Miami’s Sandy Alcantara in Cy Young Award voting and was third in the National League in ERA behind Alcantara and Julio Urias with the Los Angeles Dodgers.

Fried won a $6.85 million salary last year instead of the team’s $6.6 million proposal in arbitration. That was after he pitched six shutout innings in World Series Game 6 as the Braves won their first title since 1995.

Fried, who is eligible for free agency after the 2024 World Series, had his case heard Friday by a panel that’s expected to issue a decision Saturday.

Players have won two of three decisions so far: Pitcher Jesus Luzardo ($2.45 million) and AL batting champion Luis Arraez ($6.1 million) both beat the Miami Marlins. But Seattle defeated Diego Castillo ($2.95 million).

A decision is being held for Los Angeles Angels outfielder Hunter Renfroe, whose case was argued Monday. About 20 more cases are scheduled through Feb. 17.