This is from another webboard- an awesome and revealing statement at the tragic deceit Brafford offered his fellow pilots:
The union’s obligation to federal labor law includes an obligation to stand up to its
membership. USAPA argues that ALPA’s merger policy only requires the union to use
“all reasonable means†to implement the Nicolau Award, but this phrase is quoted out of
context. The policy requires the union to use “all reasonable means . . . to compel the
company to accept and implement the merged seniority list.†[MP Pt. 1.I.1.] It does not
allow the union to capitulate to an abusive majority.12
This principle goes to the core of union politics and bargaining assumptions. A
union is required to explain agreements to union members prior to a mandatory
ratification vote. White v. White Rose Food, a Div. of DiGiorgio Corp., 237 F.3d 174,
183 (2d Cir. 2001). Before and after its election, USAPA has misled the majority about
its power to improve their seniority prospects at the expense of the West Pilots. The will
of the East Pilots springs from a mistaken understanding of the law and mismanaged
expectations. If this is an impasse, it is one USAPA goaded on.
If the membership were correctly advised on the limits of fair representation that
constrain the agreement—and all the collective bargaining of every union—then they
would perceive no incentive to hold out for an improper bargaining objective. Those
employees would be left with a choice: To vote in favor of ratifying a single CBA that
incorporated the Nicolau Award, or to vote against it. What they could not do is vote
against it and expect the next CBA or the next union to violate the duty of fair
representation in the very same way as the first one could not. In effect, USAPA claims
that the East Pilots hold such strong objections to the Nicolau Award that they always
will vote as a bloc against any new CBA with it, enjoying the self-denial of a single CBA
with improved wages and working conditions into perpetuity. Even if this unbelievable
story is believed, it only means that the East Pilots have the power of self-inflicted harm.
It does not mean that the union’s duty of fair representation falls victim to self-hostage-
Case 2:08-cv-01633-NVW Document 593 Filed 07/17/2009 Page 32 of 53
