Mets might be able to give up 2nd round pick for Bourn instead of 1st

[Crazysilver03]

http://msn.foxsports.com/mlb/story/Mets-and-Bourn-match-unlikely-without-break-from-rules-012413

The Mets hold the 11th pick in the draft. But under the new collective-bargaining agreement, only the top-10 picks are ?protected.? Teams holding those picks can sign a free agent who received a qualifying offer without losing their first-round choice as compensation. Those teams would lose their second-rounder instead.

Sounds clear-cut, except for one thing: The Mets had the 10th-worst record in the majors last season. They fell to the 11th spot only because the Pittsburgh Pirates did not sign their No. 1 pick, the eighth overall selection, Stanford right-hander Mark Appel. As compensation, the Pirates will pick ninth this year.

The union, sources say, would side with the Mets, citing bargaining history, the spirit of the provision and sheer common sense. But baseball, according to other sources, likely would fight a grievance by the union.

I don't understand why this is such an issue. The Mets had one the 10 worst records in 2012 and the only reason they are drafting 11th is because the Pirates didn't sign Appel and thus get the 9th overall pick. That can't happen again under the current system so why not give the Mets the exemption if they can actually sign Bourn (or Lohse).