Sure they did. They voted about 98% for the MOU, which they claimed abandoned it and Silver said the union had a LUP for the abandonment. Remember, in 2005 you guys wanted what was valid that day, not before or after.
Right, the APA probably could have given the west a seat, but this agreement takes that off the table and leaves it to a panel of arbitrators. Even though Silver said the west didn't have the right, if all parties agreed to give the a separate committee it would have been fine, but they didn't. Just like she said that USAPA's rights changed with SCS, but all parties agreed to give them the rights under MB. Hence the agreement to let a panel decide that point that was in dispute.