Specious crap. I suppose we're all expected to be very impressed with your insider status and knowledge of the jargon.
You drive the bus. I'll do what I do. When you have had this happen--like, say, dummy phone calls flooding a telecommunication facility in a manner which crosses state lines and actually have the feds bring criminal action against the perps (in that district, natch), let me know. In the meantime, I'd stick to what you know.
Jurors are bright enough to see patterns in phone calls that amount to harassment and abuse rather than a necessary call to their union. Of course, these same defendants can probably all be quoted with denials that USAPA is their union at all. If they don't consider it their union, why so many calls? Your argument doesn't pass the smell test, and juries have pretty sensitive noses. Preponderance of the evidence.
You make two large assumptions:
1. That it gets to a jury.
2. They still manage the contract that these clowns work under, correct?
I don't even think it passes the smell test, personally. I also know that if the feds saw enough to warrant a charge, the odds are heavy that they would have acted already and/or would have told the allegedly aggrieved party to wait until after the criminal complaint was brought, and ideally resolved. Seeham should know this. Think about it.
That presupposes that USAPA really wants to go to war with the west pilots. They don't.
It's tough to deny one's reason for existence, ne c'est pas?
They simply want the harassment to stop and when, against the advice of their own counsel, the west pilots continued their campaign against USAPA after asking them to cease and desist, they were left with little other choice than to go to court. USAPA is not about letting the "stupid stuff" go on so the west pilots can "bury themselves." They have work to do and just wish to have the space in which to do it.
If they don't have the technical acumen to deal with (judging by what's in the complaint) a relatively small number of calls from repeat numbers (or attract telco/IT providers that do), I'd be scared--since they presumably can't hire good help, and that's going to hurt come time to negotiate with the company. If they "need space," from this, then they are weaker than we all thought and really do only have the tyranny of the majority working for them.