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.

Puig takes swing at Hundley, both ejected as benches clear

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LOS ANGELES (AP) — Los Angeles Dodgers outfielder Yasiel Puig took a swing at San Francisco Giants catcher Nick Hundley and both players were ejected during a benches-clearing scrap in the seventh inning Tuesday night.

Puig swatted his bat in frustration after fouling off a pitch from Tony Watson, and Hundley said something to the mercurial slugger while still in his crouch. Puig turned around and walked toward Hundley, the catcher stood up, and they stood face to face and argued for a moment before Puig shoved Hundley twice.

That brought players out of the benches and bullpens. Puig and Hundley were momentarily separated, but Puig ducked around teammates, coaches and manager Dave Roberts before reaching back to hit Hundley. He smacked Hundley with an open hand across the front of his catcher’s mask.

The players were then separated again for good. After discussing with both managers, the umpires ejected both Puig and Hundley.

It was the fourth career ejection for Puig, who had also got into a skirmish with Giants pitcher Madison Bumgarner in 2014.