"The Ninth Circuit’s reasoning is wholly consistent with the Seventh Circuit’s holding in Rakestraw that:
“If the union’s leaders took account of the fact that the workers at the larger firm preferred this outcome, so what? Majority rule is the norm.”
USAPA will proceed with negotiations with the objective of finally breaking through the ALPA-created impasse and achieving a CBA that benefits the entire pilot group. USAPA’s ongoing DFR obligation in this context is to avoid negotiating a final agreement which is “wholly irrational or arbitrary.” Pursuing a ratifiable CBA that protects all pilots in their current positions and enhances wages and working conditions for the entire pilot group can hardly be said to be “wholly irrational or arbitrary.”
If the majority of MIGS determine that the negotiated CBA is acceptable, it will pass ratification. If some deem they were not fairly represented, they will have to prove that the actions of the union were wholly irrational or arbitrary or fall outside the wide range or reasonableness.
I do agree, one group (majority OR minority) should not be allowed to steal from the other. Both side should be allowed to maintain what they brought to the table. DOH with conditions and restrictions will allow just that. We can now move forward toward a fair and equitable contract for all pilots.