Hernandez v. Office of the Comm'r of Baseball

MEMORANDUM OPINION Plaintiff Angel Hernandez, an umpire employed by Major League Baseball, has sued the Commissioner of Baseball and other related defendants alleging that he has been discriminated against in a number of ways, including by defendants’ failure to assign him to umpire World Series games. The Commissioner and defendant MLB Baseball Blue, Inc. (together, “MLB”) move to compel Hernandez to provide testimony and documents concerning his communications with his union, the Major League Baseball Umpires Association (“MLBUA”). See Letter from Neil H. Abramson, filed May 23, 2019 (Docket # 66) (“Docket # 66″). Defendants have also subpoenaed the MLBUA seeking similar communications. See Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (annexed as Ex. A to Letter from Kevin L. Murphy, filed June 7, 2019 (Docket # 75) (“Docket # 75″)). Hernandez opposes defendants’ motion and seeks to quash to subpoena, asserting that the documents and deposition testimony that defendants seek are protected by a “union relations” privilege. See Letter from Kevin L. Murphy, filed May 28, 2019 (Docket # 70) (“Docket # 70″); Docket # 75. The Court rejected Hernandez’s argument at the oral argument held on June 12, 2019, and we write to explain our reasons for doing so.I. BACKGROUNDHernandez brings claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; 42 U.S.C. §1981 et seq.; the Declaratory Judgment Act, 28 U.S.C. §§2201, 2202; Ohio Revised Code §4112.02; the New York State Human Rights Law, N.Y. Exec. L. §296; and the New York City Human Rights Law, N.Y.C. Admin. Code §8-107, alleging that defendants discriminated against him on the basis of race, color, and/or national origin. See First Amended Complaint with Jury Demand, filed Nov. 27, 2018 (Docket # 35). Specifically, Hernandez alleges that prior to 2010 he received excellent performance reviews and was assigned to serve as an umpire in the World Series, League Championship Series, and League Division Series on multiple occasions. See id.

16-19, 22-30. However, his treatment by MLB changed when Joe Torre was put in charge of overseeing MLB’s umpires. See id.