You're not really serious with that explanation, are you?
Federal law recognizes that USAPA became the CBA in place of ALPA.
Contracts were signed wherein the corporation of American West Airlines (I did it on purpose) was subsumed by some or other USAirways holding company. It then assumes responsbility for your contract.
Nice try though. I'd love to see what some law professor might say to a student who stood up in class and offered that explanation.
If USAPA goes away, there is no entity to assume the CBA. Hence, your contract, and mine, are meaningless. We are employees at will. It's our equivalent of the "nuclear option." Are we willing to do it? Quite possibly, IMHO.
Oh, and the company is NOT enjoined by the court, no matter how much you wish it were. I believe Wake dismissed the company from the suit on the first day, and they have simply been bystanders. The wording of the injunction is specifically directed at USAPA, and USAPA's negotiations with the company.
I've said it before. If the company was enjoined by Wakes decision, the Nicolau would have been in effect already. It's not.