There is no requirement by Judge Silver for USAPA to have a LUP, legitimate union purpose.
The judges order,
"Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose.
DATED this 11th day of October, 2012."
http://leonidas.cact...oc194_Order.pdf
USAPA's fluid final proposal will be accepted by the company, the west pilots can then proceed down the long road of a DFR III suit if they wish. It is very unlikely that the west will prevail and even if they do, by the time it is settled USAPA will be long gone.
APA Communications Q & A
"Q: What can we expect in the way of integrating the two pilot unions once the corporation exits bankruptcy?
A: Once the corporation exits bankruptcy, APA will seek a ruling from the National Mediation Board that the two carriers constitute a single employer. APA anticipates a favorable ruling in the spring of 2014, which will likely lead to a decision that affirms APA as the collective bargaining agent for the two pilot groups."
https://public.alliedpilots.org/apa/AboutAPA/APAPublicNews/tabid/843/articleType/ArticleView/articleId/3188/Latest-QAs.aspx