ALPA National is an association, not a union. ALPA National has a duty to represent the interests of the pilot group actively bargaining in each bargaining instance, not represent any and all groups within the association in each bargaining agreement. In a collective bargaining agreement between the pilots of 'new UAL' and the representatives of UAL the company, the interests of the ASA pilots are not considered, as they are not a party to the agreement, nor governed by any parts of it, just as the ASA pilot agreement does not govern any pilot group, ALPA or otherwise, other than the ASA pilot group, including the pilots of 'new UAL'.

The current contract @ UAL is between:
ASA pilots are not 'air line pilots in the service of United Air Lines, Inc.', but rather 'air line pilots in the service of ASA Inc.'. Unless ASA ALPA is invited to participate, ASA ALPA will not be a party to a future UAL agreement, and thus has no rights to claim damages. ALPA National is a representative of the UAL pilots, not a party to the agreement, and again, this will likely not change.

There is no right to claim damages under an agreement through membership in a common association of representation. This part of contract law is pretty established. If ALPA pilots were all members of the same union, then the facts would be different. In an association, the ties that bind the groups together do not include party status in all agreements between individual groups of the association that the association assisted in representing.

Think of ALPA like the AAA or the ARP or the ABA (American Bar Association) - an association, not a union. Ever heard of a lawyer sue the ABA for DFR?