Baseball for the Thinking Fan

Login | Register | Feedback

btf_logo

News

All News | Prime News

Old-School Newsstand


Contributors

Jim Furtado
Founder & Publisher
Repoz
Editor - Baseball Primer

Syndicate

Angel Hernandez Newsbeat

Tuesday, June 18, 2019

Angel Hernandez’s Lawsuit Against MLB Just Got Really Interesting | FanGraphs Baseball

But Hernandez missed something. Hernandez’s lawyers should have pointed out to the court that whether or not a labor relations privilege exists depends not on the forum state of the lawsuit, but instead based on the law of the state where the communications occurred. If Hernandez spoke with his union in St. Louis, for example, he would have done so in reliance on Missouri law, not New York procedural law. Without that, though, Hernandez was arguing only public policy – what the court should do, not what the court can do. As a matter of public policy, Hernandez had the better argument. As a matter of procedure, MLB had the far better argument. The court heard oral arguments on this issue, and on June 12 decided to side with MLB: the union was required to produce those documents. That’s a significant ruling, because there is now federal case law in MLB’s home federal forum that communications between an employee and their union is not confidential.

This holding is a game-changer for more than just the umpires. Should there be litigation between MLB and the MLBPA or a player, there will be no privilege protecting the player’s communications with the union from disclosure to MLB. For the MLBPA, that should be deeply troubling, especially given the fraught nature of its relationship with the league as we approach new CBA talks in 2021.

Jim Furtado Posted: June 18, 2019 at 11:07 AM | 18 comment(s)
  Beats: angel hernandez, angel hernandez sucks

 

 

News

All News | Prime News

Old-School Newsstand


BBTF Partner

Dynasty League Baseball

Support BBTF

donate

Thanks to
Rough Carrigan
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogWhy Carlos Correa's walk-off homer was even more special for a Houston teen battling cancer
(9 - 12:25pm, Oct 15)
Last: What did Billy Ripken have against ElRoy Face?

NewsblogRags to riches: MLB to open NYC retail store at new offices
(14 - 12:24pm, Oct 15)
Last: The usual palaver and twaddle (Met Fan Charlie)

NewsblogPrimer Dugout (and link of the day) 10-15-2019
(3 - 12:23pm, Oct 15)
Last: Pasta-diving Jeter (jmac66)

NewsblogChampionship Series OMNICHATTER!
(552 - 12:12pm, Oct 15)
Last: rconn23

NewsblogDodgers to reassign pitching coach Rick Honeycutt, Mark Prior to take over
(15 - 12:08pm, Oct 15)
Last: flournoy

NewsblogCards’ front office says playoff baseballs have lost juice
(13 - 12:06pm, Oct 15)
Last: My name is Votto, and I love to get blotto

NewsblogMLB rumors: Giants to interview ex-Phillies skipper Gabe Kapler for open managerial position
(31 - 11:40am, Oct 15)
Last: jacksone (AKA It's OK...)

NewsblogCarlos Beltran only considering Mets manager job, declined interviews with Cubs, Padres, per report
(14 - 11:38am, Oct 15)
Last: Adam Starblind

NewsblogReport: Phillies to interview Dusty Baker for managerial position
(30 - 11:07am, Oct 15)
Last: Greg Pope

NewsblogYankees, Astros plan all relievers in ALCS Game 4 vs. Astros
(13 - 11:06am, Oct 15)
Last: GeoffB

NewsblogOT - NBA thread (pre-season)
(470 - 10:07am, Oct 15)
Last: The Good Face

NewsblogMatt Williams To Manage KBO’s KIA Tigers
(4 - 9:52am, Oct 15)
Last: jmurph

NewsblogSeveral errors led Phillies to this point, and one excuse Friday doesn't hold up
(26 - 9:29am, Oct 15)
Last: Buck Coats

NewsblogMajor League Baseball has an opioid problem. Now what?
(42 - 9:27pm, Oct 14)
Last: depletion

NewsblogThe Ringer: Ranking the Worst MLB Playoff Losses of the Decade
(5 - 8:26pm, Oct 14)
Last: cardsfanboy

Page rendered in 1.2254 seconds
44 querie(s) executed