Are umpiring associations...
 

required to give work to all the umpires in their group? There is an official who has worked for our association who is threatening a lawsuit if he is not given work.

He was previously a member back in 2003-05. He had some issues with game management and control, knowledge of rules, and was generally getting into lots of trouble on the field. After taking a hiatus (he says because of work conflicts but I think due to some anger issues- he admitted to going through a 12 step anger management course), he returned this year and wanted to work.

He had an issue on field this year in his first and only tournament and didn't get assigned the following week. As a board we decided we didn't feel comfortable with him working games. Once he didn't get assigned, he became very hostile about it. He called it illegal blackballing/blacklisting. We didn't assign him for about 3 weeks. He continued to get very angry, and we told him about his on field behavior being erratic and that we would hold a meeting to determine next steps. He continued to threaten and give demands for work and talk about him contacting his lawyer, an independent contractor lawyer, about us illegally withholding games from him After meeting with him on his on field issues we decided not to use him the rest of the season. He's a loose cannon on the field. He didn't pay his dues to our association; he requested they be taken out of his game fees - he said our assignor told him we could do it this way (I tend to believe that since our assignor has done this before for certain people *SMH* although our assignor says he doesn't "recall saying that to him"). This official is aware that the dues were NOT taken out and withdrew his request to join our association.

He now demands to be given work by mid September or he is withdrawing his demand and is filing suit against our board and the individuals who have "wronged" him.

His partner sent a written documentation regarding his actions that day (not knowing the batters box extended in front of home plate, warning coaches not to come on the field or there would be ejections, and ordering a girl to come out of the dugout and bat again because it looked like she was limping and the batted ball must have hit her leg - after asking his partner for help and not calling it initially. When the fans and coaches began to laugh about the ridiculousness of the calls, he threatened to end the game unless someone left.

On a related note, he is upset about getting 2 games on Saturday and none on Sunday while another official he worked with got 4 games Saturday and 4 on Sunday. I hear this complaint a lot...why does so and so get more games than me?

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As an umpiring group, do we have to give games to our independent contractors? Do we HAVE to make it relatively equal? Can we have it in writing that there is NO guarantee of any work for anyone and sole discretion falls upon availability, proximity, and qualifications?

Anyone else have this problem?? Does this guy have any case??

Do you have a non-biased rating system for your members?

Have you documented and addressed any and all complaints with the individual?

How is this addressed in your organizations Constitution and/or By-laws? Is the individual aware and had access to these documents? Is there a section on disciplinary action?


My suggestion would be that you hand him back any dues/fees and cost of any association-required training and thank him for his contribution to the association, but you no longer have any need for his services.

He is going to do whatever he wants to do. Hopefully, your association kept a modest, but light treasury, so let him have at it.

Meaning what? Sorry irish, I am not following you. He will get the money from our org? He is owed no money, never paid dues, and is not a member, no less someone in good standing. My questions remain - are organizations required to give umpires work?

I'm having a hard time believing this has never come up anywhere else before. Does this guy have a case or not?

The answer is no. With that said I would make sure your By-Laws cover this situation. I would also keep the type of paperwork that Irish is talking about.

Everyone is an independent contractor I believe that Referee Magazine covered this a few issues back.

This is posted on Arbiter for one of the units I belong to.
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It depends, of course, on the bylaws and constitution of the organization to which this person belongs. (Others have already touched on this topic, and correctly I might add.)

All of Mike's (IM) questions were the ones that need to be answered in order for your question to be answered correctly.

However, in most cases that I have been aware of, the short answer is "no." Most organizations clearly state that membership does not constitute a contract for employment or assignments, and enumerate any actions the organization is liable to take against an individual based on performance evaluations, dependability, rules and mechanics knowledge...etc.

So, to answer your question, I would suggest going back and reading the constitution (or charter), and bylaws.

Now you have lost me. From your post, I'm under the impression the individual is a member of your association (see subject line). If he is not a member, how can he expect/anticipate/participate in anything from the association?

Again, a case for what? If not a member, how does this individual have any standing to demand anything?

Huh? What does something falling of a plane have to do with this :)

Honestly, it seems to me your association may want to tap into one or more of the attorneys who are members. Whether he has a case is going to depend on your state laws and your association by-laws.

It's tempting to say he won't have a case, but no one here can really offer a legal opinion on this; which is what you need.

NO.

NO!

Irish was saying not to worry about the guy... if he wants to file a lawsuit, he'll file a lawsuit. Let him spend his money. He has no leg to stand on here unless he's being discriminated against for one of those reasons you can't discriminate over. Sounds like he's being avoided because he can't do the job. That's legal.

Do talk to a lawyer in your association. State laws and what “we” are telling you may not mesh. Having owned a staffing service for 20 years, I've seen some laws out there on contracting that make no sense. I've also heard some UICs say things that make me cringe because I know they are just wrong.