Is it a balk when the picture throws to first base without the first baseman in position i.e. straddling first base. During a recent game the ump ruled it a balk because 1st baseman was not in pos.?

Answer 1

Yes.

If there is a runner at first base and the first baseman is not stationed at the base, should the pitcher throw the ball to the first baseman in a pickoff attempt there is no way the runner could be putout since the runner must be tagged to be putout on a pickoff attempt. There is no specific rule in the MLB rule book that covers calling a balk when a pitcher throws to first base in a pickoff attempt with the first baseman not stationed at the base. However ...

Rule 8.02(c) states that a pitcher shall not "Intentionally delay the game by throwing the ball to players, other than the catcher, when the batter is in position, except in an attempt to retire a runner". The penalty for this is a warning for the first offense and ejection for any subsequent offense. And there is Rule 8.05(h) which states that a balk shall be called if "the pitcher unnecessarily delays the game".

The pitcher attempted the pickoff, in all probability, not intentionally but due to miscommunication between him and the first baseman. Therefore, Rule 8.02(c) would not apply because the delay was not intentional but Rule 8.05(h) would apply because the delay was unnecessary.