Originally Posted by acl65pilot

It is a very easy way to get around the case law that you present. With CH11 the company can play innocent sheep with the judge and behind closed doors with the union tell them that unless we get X scope concession we will ask the judge to throw the contract out. Everything you would accuse the company of would be hearsay, as you would have no "proof" and as a result the leverage is not in the Associations favor. Ugly but very plausible when you have the law on your side.