I'm no lawyer, but I'd argue there would be a case of "misrepresentation." A poll was taken and he clearly went against the wishes of the majority of his constituents. They would argue that we all answered the question that if the change was inevitable would you want ALPA to be part of the process.
My biggest beef with the whole process was retroactivity. I heard DW say it put us on the "wrong side of a lawsuit," by not supporting it. Retroactivity clearly was a minority in ALPA.