The Major League Baseball Players Association says Alex Rodriguez shouldn’t be suing the union, — but rather thanking it for getting his doping suspension slashed to 162 games.
The MLBPA in a recent legal filing asked Manhattan federal Judge Edgardo Ramos to dismiss the fading Yankees star’s Jan. 13 lawsuit, which alleges union executives acted in “bad faith” by not adequately representing him during arbitration proceedings.
Union lawyer Michael Rubin in a Jan. 30 letter to Ramos said the Players Association’s “forceful advocacy” was crucial in getting Rodriguez’s suspension reduced from the 211 games MLB originally sought to 162 games.
“Although the MLBPA disagrees with the final result of the award, it recognizes that the award is ‘final and binding’ under the collective bargaining agreement it negotiated with MLB,” Rubin said.
“Because Mr. Rodriguez’s complaint does not allege facts sufficient to overturn the award, and because he has not alleged facts sufficient to establish a breach of the union’s” duty of fair representation “[which is a necessary prerequisite to prevailing on his breach of contract claim], his complaint should be dismissed with prejudice.”
Rodriguez was suspended 162 games on Jan. 11 after independent arbitrator Fredric Horowitz concluded he violated the league’s Joint Drug Program by using three types of performance-enhancing drugs multiple times over three years and then tried to obstruct MLB’s investigation of it. Horowitz was reviewing Rodriguez’s involvement in Biogenesis, the shuttered South Florida anti-aging clinic.
Rodriguez then filed suit two days later against MLB, commissioner Bud Selig and the Players Association, seeking to vacate the suspension and infuriating his own union in the process by alleging it “completely abdicated its responsibility” to him.
All parties will get to battle it out before Ramos during a Feb. 14 hearing — the same day the Yankees report to spring training in Tampa.
Rodriguez’s lawyers declined comment. Ramos has given them until Friday to respond in writing to the union’s letter.