Well ATR, lawsuits do matter when ALPA has to pay settlements out of our dues money. Those lawsuits have been triggered by and lost as a result of mainline bargaining that runs contrary to the union's Constitution, the laws of our nation and the standard of representation ALPA owes its members. You can't say we don't pay our fair share, when in fact we have paid to bail the Delta MEC out of trouble several times (to the extent of nearly bankrupting our union once).
Of course, ALPA will not show anyone the numbers, so aside from hearing stories over dinner, none of us can prove where the money goes. But ASA should gross ALPA around 2.34 million yearly. It is plenty more than our budget, but you are right that a strike would put it in negative numbers quickly.
ALPA tries to say we don't pay enough to excuse ALPA's complete failure to represent us. However, ALPA's representational duty is not triggered by the amount of dues a member pays. ALPA owes us the same representation they give the Delta pilots.
ALPA thinks if they fund our barganing, the have fulfilled their duty as a Fiduciary. However the duty ALPA owes goes much further: (from Wikpedia)
A fiduciary duty is the highest standard of care imposed at either equity or law. A fiduciary is expected to be extremely loyal to the person they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the
principal consents. The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the
Latin fides, meaning faith, and
fiducia.
When a fiduciary duty is imposed, equity requires a stricter standard of behaviour than the comparable
tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from their fiduciary position without express knowledge and consent. A fiduciary cannot have a
conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd."
[1]
Elements of the fiduciary duty
The person the duty is imposed on is called the fiduciary. A fiduciary will be liable to account if it is proved that the profit, benefit, or gain was acquired by one of three means:
[2]
- In circumstances of conflict of duty and interest
- In circumstances of conflict of duty and duty
- By taking advantage of the fiduciary position.
Therefore, it is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and not to profit from their fiduciary position without express knowledge and consent. A fiduciary cannot have a
conflict of interest.
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Conflict of interest and duty
A fiduciary must not put themselves in a position where their interest and duty conflict.
[3] In other words, they must always serve the principal's interests, subjugating their own preference for those of the
principal. The fiduciary's state of mind is irrelevant; that is, it does not matter whether the fiduciary had any ill-intent or dishonesty in mind.
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Conflict of duty and duty
A fiduciary's duty must not conflict with another fiduciary duty.
[4] Conflicts between one fiduciary duty and another fiduciary duty arise most often when a
lawyer or an
agent, such as a
real estate agent, represent more than one client, and the interests of those clients conflict. This usually occurs when a lawyer attempts to represent both the
plaintiff and the
defendant in the same matter, for example. The rule comes from the
logical conclusion that a fiduciary cannot make the principal's interests a top priority if he has two principals and their interests are in diametrically opposed; he must balance the interests, which is not acceptable to equity. Therefore, the conflict of duty and duty rule is really an extension of the conflict of interest and duty rule.