I haven't seen anyone on this forum state they are participating in an illegal work action. That would be foolish. Simply talking about the existence of work actions is not illegal. Participating in the action IS. Our First Amendment protects the right to discuss and share thoughts freely in our society. If push came to shove and they were awarded a judgement against an individual pilot, that pilot is free to exercise his rights under the US Bankruptcy code, as their judgement is not a priority debt (student loan, support, alimony, etc).

They are interested in "deep pockets" to make restitution. Hence usually listing ALPA as the first defendant. They just have to prove ALPA was aware under section 6 of the Norris-LaGuardia Act.

"No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the United States for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof."