You're missing the obvious of Bernard v. ALPA: representation of the Jet America pilots was never contested by ALPA. That's the key, and it's precisely why the APA was dismissed from the TWA DFR suit because there was nothing anywhere which indicated that the APA represented TWA. Hence, no DFR owed by APA to TWA. What you seem to be implying is that there is some sort of automatic representation of a non-unionized craft and class when they merge with a unionized craft and class. Absolutely not true, which means unless the APA were to somehow say they represent JBLU - which they surely won't - then Bernard v. ALPA is not on point for you. Only upon a petition to the NMB for Single Carrier Status and only upon a finding by the NMB that both groups are a single craft and class, then, and not before, will there be any chance that the APA would represent all pilots at the New American Airlines. That process could take a year, if not longer. In the meantime, what protections do the Jet Blue pilots have?

I'm not trying to scare you, but honestly, I can't believe you guys didn't vote in ALPA. Now you have to wait at least two years for another representation drive, file the petition, run the election, and then work on a collective bargaining agreement. Until then, you guys are little more than employees-at-will. The poster above who worried about the 1500 furloughees and Eagle pilots has reason to worry.