Definition of EXPRESS1
a : directly, firmly, and explicitly stated <my
express orders>
So, your contention is that ALPA
"did so for the direct, firm and leaving nothing implied purpose of garnering the favor of SWAPA so that SWAPA would join ALPA someday."
Anyone can bring a lawsuit for any allegation, whether or not there is any evidence. Whether or not a suit is brought is not a complete measure of its legitimacy.
As our legal representative in labor negotiations, our bargaining agent provides legal guidance. ALPA's lawyers have made a mess of trying to legitimize and
support mainline outsourcing through legal definition. The unintended consequence of this
political support for their client is that they painted themselves in the corner on the issue of contracts which bind third parties. The same bad logic that told OUR MEC that Republic could not be bound by Delta scope, is the exact same logic that told the TWA pilots that American would not be bound.
What you (and most people) miss is that the
genesis of this bad logic was ALPA's fight against the efforts of ASA and Comair pilots in their efforts to gain scope after they were excluded from ALPA's Merger and Fragmentation Policy. Rather than coming clean and stating that ALPA was against "unity," ALPA justified itself through the legal principle that labor was
unable to bind non-signatory third parties.
Here is the history:
- ASA and Comair pilots can not have scope that binds Delta because labor can not bind third parties
- TWA can not have scope that bind America (cut & paste the ASA Comair excuse)
- Delta can not have scope that binds Republic (cut & paste the ASA Comair excuse)
- AirTran can not bind Southwest (cut & paste ...)
If you have followed our UHC debate, you have seen an example of how contracts can be used to bind non signatory third parties. It is a long standing legal principle and the basis for many insurance contracts. (any of the on board attorneys feel free to chime in here)
As a basic principle, unions should always look for a way to unify. Our sad example is what happens when a union decides to turn away from unity. To justify outsourcing, ALPA set on a bad strategic course which has cost us thousands of jobs, decades of stagnation and an insecure future.
It is IMPERATIVE that we turn this around. We must adopt unity as a foundational platform.
While I think ALPA has the best infrastructure to facilitate this, I'd consider another bargaining agent if they were true believers in unity.