MLBPA Files Grievance On Behalf Of Francisco Rodriguez, Mets Respond
by Eric Simon on Aug 18, 2010 7:30 PM EDT
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PrintEarlier today the MLBPA filed a grievance on behalf of loose-cannon reliever Francisco Rodriguez, who was placed on the disqualified list on Tuesday for, as Jeff Wilpon put it, "conduct in violation of his uniform player’s contract." The player's association was none too pleased.
"The Mets' actions are without basis," said Michael Weiner, the executive director of the MLBPA. "I expect the union will file a grievance promptly."
To which the Mets promptly responded with
"We disagree with the position of the Players Association. We believe our action was justified and appropriate"
And on it goes.
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How long do you think it will take the Mets to cave?
+/- 3 months
by aparkermarshall on Aug 18, 2010 7:33 PM EDT reply actions
These things take a while
because lawyer fees are involved, so the lawyers have an incentive to delay, delay, delay.
by aparkermarshall on Aug 18, 2010 7:36 PM EDT up reply actions
Mets stay firm and goes to a hearing
also this will kill any big name FA wanting to join the mets.
end result
we suck again in 2011
I hate Philadelphia so much.
really?
1. do you really think this will even register on the top 5 reasons any free agents would come to the mets?
and 2. do you really think big names are going to object to cutting a player who beat up an old man in front of other players families, including wives and kids?
mediocrity thy name is Wilpon- jdon
also between
sending a guy with two concussions on a plane to Colorado, jerking him around then calling him a sissy. Threatening to void one of your top 5 players contracts because he had a surgery (that the team had approved) that he’d needed for over a year but had put off at the request of the team in order to play meaningless games in August, publicly to the media before even talking to him about the situation, two years of likely sub .500 finishes. Telling Putz to hid an injury, Rogue shirtless officials, lobbying in press conference and etc do you really think voiding a contract of a guy who arguably put other players families at risk is really going to be the thing that deters free agents?
mediocrity thy name is Wilpon- jdon
by Gina on Aug 18, 2010 7:44 PM EDT up reply actions 3 recs
Can someone explain the John Maine hate on this site?
The post above seems to me to be a list of reasons to give him the benefit of the doubt.
by MookieTheCat on Aug 18, 2010 8:27 PM EDT up reply actions
John Maine?
I don’t think there’s really any hate for Maine himself, there’s hate for keeping him around when he’s clearly done.
mediocrity thy name is Wilpon- jdon
Ah ok....
But I believe I’ve seen a lot of folks blaming him for the circumstances of his exist, impugning his character etc. In fact I think I once saw someone defend Jerry and Omar for the handling of that situation.
by MookieTheCat on Aug 18, 2010 9:28 PM EDT up reply actions
I don't think the union has a chance
I mean, KO-Rod did violate the contract
"We're investigating the investigative procedure of the investigation of Tony Bernazard"---Omar Minaya (he really didn't say it but he would"
how did he violate it?
unless there was a specific old man beating clause
mediocrity thy name is Wilpon- jdon
he got injured in an off-field incident
I believe that is a breach of contract
"We're investigating the investigative procedure of the investigation of Tony Bernazard"---Omar Minaya (he really didn't say it but he would"
by firejerrynow on Aug 18, 2010 7:42 PM EDT up reply actions
only if the off-field incidents
are specifically outlined in the contract as being banned
mediocrity thy name is Wilpon- jdon
Illegal incidents most certainly will have been banned in that contract
If Krod is found guilty of assault the Mets will have a fairly ironclad case
Reyes, Thole, Wright, Beltran, Bay, Davis, Martinez, Tejada...
by Stephen Schmidt on Aug 18, 2010 9:14 PM EDT up reply actions
I would thinking assaulting someone is a crime, no?
Don’t you think that would violate a contract if he indeed ASSAULTED someone?
John Olerud, Hall of Famer. Got a nice ring to it.
considering the number of players who have assaulted someone and not had their
contracts voided no.
mediocrity thy name is Wilpon- jdon
there's also the fact after he assaulted someone was booked and released
we immediately let him back on the team and had him pitch. What are they going to argue that it took them a few days to realize he’d assaulted someone?
mediocrity thy name is Wilpon- jdon
Also....
DUI is a crime. By that metric a DUI would cause a team to be able to void a contract. There is no way the MLBPA would allow this. So my guess is there is some unwritten nuance or construction going on here that helps to explain this.
by MookieTheCat on Aug 18, 2010 10:03 PM EDT up reply actions
He is only been charged at this point
At this point I think that he has only been charged with the crime. I would think that when all is said and done he will plea bargain to something less. I’m not sure how that will complicate things.
From the Uniform Player Contract
Loyalty
3.(a) The Player agrees to perform his services hereunder diligently and faithfully, to keep himself in first-class physical condition and to obey the Club’s training rules, and pledges himself to the American public and to the Club to conform to high standards of personal conduct, fair play and good sportsmanship.
(Source: MLBPA)
Your 2010 Mets, sponsored by Dick van Patten's Natural Balance Pet Foods.
A dog's breakfast for a dog's breakfast of a roster.
by Doc Manhattan on Aug 18, 2010 7:44 PM EDT up reply actions
well he broke the personal conduct one
"We're investigating the investigative procedure of the investigation of Tony Bernazard"---Omar Minaya (he really didn't say it but he would"
by firejerrynow on Aug 18, 2010 7:53 PM EDT up reply actions
Problem with this clause is...
Both that it seems to be negotiated from contract to contract (and thus not really “uniform”) and that there seems to be little explanation for what these terms mean.
by MookieTheCat on Aug 18, 2010 8:25 PM EDT up reply actions
It is uniform, vide Article III
During the term of this Agreement, no other form of Uniform Player’s Contract will be utilized. Should the provisions of any Contract between any individual Player and any of the Clubs be inconsistent with the terms of this Agreement, the provisions of this Agreement shall govern.
(All the negotiable specifics are enumerated in the UPC; none are discipline-related.)
It makes sense that the responsibility for conduct and discipline are uniform throughout the league—otherwise there’d be no fair basis for suspensions etc. I have the feeling managemtn may also make the case that he’s in wilful breach of the physical fitness clause.
Your 2010 Mets, sponsored by Dick van Patten's Natural Balance Pet Foods.
A dog's breakfast for a dog's breakfast of a roster.
by Doc Manhattan on Aug 18, 2010 9:22 PM EDT up reply actions
I stand corrected on that point.
But I still don’t understand whether there is any construction of these terms, which seem rather vague. My guess is that they are vague for a reason. There are plenty of players who are inarguably not in “first class physical condition” so I’m guessing that these terms are either defined somewhere or are terms of art. Any idea on the latter point?
by MookieTheCat on Aug 18, 2010 9:31 PM EDT up reply actions
i dont think this looks good or the mets
looks to me like they want to get out off their obligations in 2011 and the vesting 2012 option. its good that they probably recognize that the original contract was bad and they want to get out of it, but if they signed him to a below market contract they would have fined him or suspended him while he was injured or whatever but then once he was healthy they’d have him right back in the line up and would expect him to finish out the contract. my guess is the union is going to go balls out on this one.
we’ll see though, i’m no legal expert.
HELLO HELLO MR WILPON... BUY THAT MANSION. WE DONT NEED A CONDO.
This
"Blinding ignorance does mislead us. O! Wretched mortals, open your eyes!"
Gil Hodges IS a Hall of Famer.
by Brooklyn Dodgers Mets Fan on Aug 19, 2010 1:27 AM EDT up reply actions
VOID
The contract can be voided legally if the injury occurs while participating in an activity prohibited by agreement in the contract (skydiving, motorcycling, etc.) or occurs while committing a crime (not sure if the contract specifies or has to specify a class of criminal activity: misdemeanor or felony?) which is also be considered a prohibited activity. Someone on ESPN explained this a while back in a story about Michael Vick & Plaxico Burress. Ron Gant also had his contract voided (not for any crime, just a debilitating motorcycle accident).
They both got jail time
making it actually impossible for them to fulfill their contractual obligations.
mediocrity thy name is Wilpon- jdon
Be careful taking things that happened in the NFL and applying them to the MLB.
One has an incredibly weak union, and the other has an incredibly strong one.
Save Jenrry Mejia!
Ron Gant
did NOT have his contract voided. Gant was working on a non-guaranteed contract at the time—he has awarded the contract in his last year of arbitration—and the Braves cut him in spring training, so they only had to pay one month’s salary.
it is a process and has to be done, and was probably expected
the union has to grieve this. it is their job.I am sure the Mets expected it and I think in this case the Mets win
We sometimes forget that "character" is a component of most winning teams
Since this management team has been at work, I can recall only epic collapse, disappointment, lingering injuries, terrible personalities, clubhouse turmoil, and abductions. Does anyone know if Jason Bay has been abducted?
I want an independent investigation into whether there is a conspiracy to intentionally destroy the Knicks, Mets and Rangers.
Nonsense
Winning is a component of most winning teams. Character is a component of most non profit organizations.
Excellent - everybody knows that.
by borasblog on Aug 19, 2010 9:40 AM EDT up reply actions 1 recs
"Character" is a part of individuals.
Winning and losing are components of ball clubs dependent upon talent.
Save Jenrry Mejia!
The Mets Were Correct...
…. to do what they did but will probably either lose the case or will negotiate some kind of settlement so Rodriguez will get some money, though not all of it, and the Mets can part ways with him. The Won’t-pons will save some money from this, I think, which is THE bottom-line, with some “Moral Crusader” kudos thrown their way by certain media-types.
This franchise is a mess.
"We praise or blame as one or the other affords more opportunity for exhibiting our power of judgment." Friedrich Nietzsche, "Human,All Too Human" (1878)
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