What happened with the deal that was brokered in my opinion, was that there was not enough supporting information. Unite is the union and if Unite wants to inform its members of a legal position then that is what Unite should do.
You cannot dress up a legal view and in my opinion it is only going to outline a minimum position. The courts did this with the manning levels, but the perceived growth of MF and how it can legally happen is something that could be clearly stated.