This entire thread has developed based on the presumption of a single poster that ASA ALPA has reasonable grounds to bring a DFR suit against ALPA National for the actions of UAL and CAL ALPA. No support is provided for this reasoning, and all who question the reasoning are labeled as 'armchair attorneys'. This appears to be an ad hominem disagreement.
Getting out of my 'armchair' for a moment to sit in my 'JD admitted to the bar' chair . . .
The American Bar Association has a
brief on Duty of Fair Representation, which states the following, in part:
X. Proper Parties to a Fair Representation Claim.
A. Only the collective bargaining representative is a proper defendant in a fair representation proceeding. The following parties are not proper defendants;
1. An International or Regional Union, unless the Local Union was acting at
its direction. See, Chavez v. Food & Commercial Workers, 779 F.2d
1353, 121 LRRM 2054 (8th Cir. 1985); Sine v. Teamsters Local 992, 730
F.2d 964, 115 LRRM 3347 (4th Cir. 1984) cert. denied, 454 U.S. 965, 108
LRRM 2923 (1981).
UAL ALPA and CAL ALPA are not acting at the direction of ALPA National - it is, in fact, the other way around. ALPA National acts on the direction of UAL and CAL ALPA in collective bargaining with UAL, Inc. (See Article I, Section 6.B.15. of ALPA's Constitution and By Laws).
Air Line Pilots v. O’Neill, 499 U.S. 65, 79,113 L Ed 2d 51, 136 LRRM 2721,
2726 (1991).
The duty of fair representation applies to contract negotiations as well as contract administration. However, the court will review the Union’s actions with a high degree of deference, since negotiators need broad latitude to perform their bargaining responsibilities. In order to constitute a breach of the duty, the Union’s conduct must be “so far outside a `wide range of reasonableness,’... that it is wholly `irrational’ or ‘arbitrary,’”
Assuming UAL and CAL ALPA were acting at the behest of ALPA National (ALPA National violating its own by laws), would ALPA National's conduct in a UAL/CAL ALPA member ratified contract be found “so far outside a `wide range of reasonableness,’... that it is wholly `irrational’ or ‘arbitrary,’” to ASA ALPA?
As an aside, ASA ALPA bringing a DFR suit against ALPA National would likely violate Article IV, Section 2.C. of ALPA's By Laws.
If there is a case here (not saying there isn't), it's going to take more than "because I said so", or accusations of 'armchair lawyering'. Perhaps this whole discussion of ASA ALPA bringing suit is nothing more than the musings of an 'armchair attorney', and my response to it is totally unnecessary?
'rickair' is right - not all of us are plumbers in armchairs.