Judge Gives MLB Green Light To Depose Rodriguez’s Cousin: Carolina Bolado of Law360 ($$) writes that yesterday, a Florida appeals court held that Yuri Sucart, the cousin of controversial New York Yankees star Alex Rodriguez, must submit to a deposition conducted by Major League Baseball (MLB). In making its ruling, the Third District Court of Appeal ruled that Sucart and another non-party had both failed to establish that the suit in question was preempted by the Labor Management Relations Act. The non-parties had attempted to argue that the suit should be preempted because a trial court would have to interpret a collective bargaining agreement. The court, however, disagreed.
“Accepting these allegations as true, as we must at this stage of the proceedings, it would appear that little or no interpretation of the agreement would be necessary to resolve the commissioner’s claims here, and certainly not to the degree that the claims would be preempted by [the LMRA],” the Third District said.
The deposition testimony could be particularly damaging to Rodriguez, as he has been accused of taking performance-enhancing drugs. We will keep you posted as this case moves toward a resolution.
BART Talks Suffer New Setback: Phillip Matier and Andrew Ross of the San Francisco Gate write that it has recently come to light that another provision of the Bay Area Rapid Transit (BART) labor agreement contains a drafting error. The error involves a cost-saving measure that will now require new hires to work for BART for fifteen years in order to become vested in the retiree medical insurance program. In two of the contracts, the start date for the vesting program is listed as January 1, 2014. However, for reasons that have yet to be made public, the vesting date in a third contract is listed as July 1, 2014. Not surprisingly, the union subject to the third contract does not want to change the date. We will keep you posted as this situation continues to unfold.
NY Transit Union May Strike: Dan Rivoli of AMNY.com writes that New York’s Metro Transit Authority (MTA) has been at loggerheads with the labor union representing 35,000 of its employees over a new labor agreement. In particular, the union has been demanded wage increases for its charges, but has yet to agree to any of MTA’s proposals. A representative noted that the workers have been without a contract for the past two years and are prepared to "take whatever actions necessary" to secure a new agreement. We will keep you posted as this dispute moves toward a resolution.