Umm..." All the other experts think.."? Have you polled "All the other experts", or is this yet another "The rest of the world" type of statement?
No...all the other experts have already given their opinions for me to read in the open public forum.
For instance, the 9ths Tashima wrote an opinion in Addington warning of the "unquestionably ripe DFR", as well as Bybee's disenting opinion in the same case.
Then you have LCC attorney Seigel. He has stated things in open court that point out the glaring flaws in the usapa plan.
We also have Jeff Freund's comments regarding DFR and the failure of such that would be inherent in the usapa plan.
Then of course we have the Polsinelli-Shugart law firm of over 600 attorneys in 12 states. I am thinking that while the RLA and labor law may not be their frontrunner forte, they do have reference to call upon. BTW, what PS is really good at is winning very large awards from corporations who try to renege on contractual obligations.
Lets see who is left....oh, there is the union buster Seeham...who incorrectly assumed you could get away with violating a unions DFR by offering a "cost neutral contract" and fighting the ensuing DFR lawsuit, on the entire premiose that although the West would have a case, "DFRs are notoriously hard to prosecute". Seeham's plan was to go ahead an violate the DFR, and try to make the West prove it.
One more guy, the Baptiste and Wilder lawyer who wrote a piece on Wake's injunction that completely disregarded the fact that there is a governing TA that amended the CBAs of the work groups. Otherwise, he would have had a point, but, like Seeham, a misguided incorrect point.
Almost forgot....the most important opinion of all the lawyers we have all read......the lawyer who warned scab Bradford in an e-mail to not tell anyone why he was forming the union , because any judge, jury, lawyer out there would veiw the intentional violation of contracts as an illegal persuit.