Members of Local 100, Transport Workers Union of America

(TWU), engaged in an eleven-day mass transit strike that paralyzed the life and commerce of the city of New York. Jackson, Lewis, Schnitzler & Krupman, a Manhattan law firm, brought a class action suit against the TWU for the direct and foreseeable damages it suffered as a result of the union’s illegal strike. The law firm sought to recover as a third-party beneficiary of the collective bargaining agreement between the union and New York City. The agreement contains a no-strike clause and states that the TWU agreed to cooperate with the city to provide a safe, efficient, and dependable mass transit system. The law firm argues that its members are a part of the general public that depends on the mass transit system to go to and from work. Therefore, they are in the class of persons for whose benefit the union has promised to provide dependable transportation service. Are the members of the class action suit entitled to recover? Explain.