NEW YORK _ The MLB Players Association has filed a grievance against the Yankees on behalf of Jacoby Ellsbury, an industry source said, confirming a report from the Associated Press. The union filed in an attempt to get the remaining $26.1 million on Ellsbury contract, which the team is refusing to pay, alleging he violated the terms of the contract by seeing a doctor without their consent.
The Yankees released the 36-year-old outfielder last month and notified him and the union that they would not be paying the remainder of his $153 million contract because he sought treatment on his own from Dr. Viktor Bouquette of Progressive Medical Center in Atlanta. Ellsbury sought the treatment during the time he was on the injured list, but the union is arguing that the treatment with Bouquette was for a non-baseball related condition.
The sides will now face a hearing with an arbitrator unless they are able to come up with a settlement.
Ellsbury has not played since 2017 because of a long list of injuries, including an oblique, a back issue, plantar fasciitis and hip surgery.
After signing Gerrit Cole to a nine-year, $324 million deal last week, the Yankees could be looking for some payroll relief. Cole's annual average value of $36 million puts the Yankees payroll right at just over $241 million and heading right into the threshold where the league's most punitive luxury tax rate begins. Ellsbury's $21 million against the payroll could give them some room to avoid going over.
On Wednesday, Yankees managing partner Hal Steinbrenner said that is a serious business consideration, but one that ultimately would not stop him from making the huge commitment to Cole.
"You're dropping 10 slots in the draft and obviously there are dollar ramifications to it as well but again financially, I was able to do this deal ... We've got some payroll flexibility, next year, as you know, so we'll see what happens," Steinbrenner said. "But focusing again on this year. This just isn't the guy I wanted to pass up on. I would be involved in any given year with this guy."
If the Yankees exceed $248 million, their top pick in the 2021 amateur draft would be moved back 10 places and would pay the 75% rate luxury tax.
Ellsbury hit .264 with 39 homers with 198 RBIs and 102 stolen bases in 520 games in six seasons with the Yankees.
