Originally Posted by
iceman49
Don't ever remember being assessed for the results of a law suit, but rather strike assessments or merger assessments.
Thank you for the correction. Once they assess it is not voluntary.
The point is ALPA has never assessed as the result of a lawsuit - yet.
I believe johnson29 is factually incorrect. Nothing ALPA has put out - carefully screened by counsel I'm sure - says they can't, only they never have (so far) and goes on to slam the veracity of the suit.
There is nothing in the CBL as far as I know that prevents them from doing so should the need arise. If the choice is go insolvent or BK as an organization or assess I have no doubt as to what they will do.
That said I agree with the ALPA perspective that this is a normal trial phase, and that even in the remote chance that damages are awarded, it will be to a relatively small group of individuals, not the entire TWA pilot group.
There are frequent big buck lawsuits usually settled for pennies on the dollar over the original claim - frequently as "go away" money vs. a finding of wrong doing.