I don't think so. When he first came to the company I had high hopes for him, but lately I have come to think the the heavy handed tactics with the pilots are coming from him, and if not directly, he is allowing his underlings to act that way. The fuel school and the handling of safety questions come to mind and just a few weeks ago he told the rest of the company that they would not be getting their $50 bonus because of "slow taxis and other illegal job actions", although no one has been found guilty of illegal job actions. Divide and conquer.
The heavy handed tactics originate with certain east pilots, not with Isom or Management. Their motivation is rather transparent: they want a new contract and they want Management to accept USAPA's DOH SLI in order to remove the single biggest obstacle to a JCBA. With Management consistently refusing to budge on USAPA's list, which violates the TA, these east pilots turn to sabotage tactics like requesting substantially more fuel than the historical averages and the averages of their peers not involved in such acts. When they didn't get away with that tactic they then moved on to slow taxis, last minute write-ups and the like to negatively effect on-time and completion performance.
Isom sees this data on a regular basis. He is certainly smart enough to discern and distinguish random anomalies from a sustained shift away from historical averages. He knows how to investigate root-cause sources of statistical shifts for these deviations from the historical tolerances. He can even see which specific crews are the greatest contributors to the operational performance deterioration. He can then compare all of this information to the status quo conditions and easily determine that certain east pilots have been engaging in an illegal work action in violation of the RLA.
He doesn't need a judge to validate the data that an illegal action has taken place. He has the data and he knows what it means. It would be the same as if someone ran into my car in the parking lot right in front of me. I saw the event, took down the driver's information, took pictures with my iPhone and also had an eyewitness to the event. If the driver who caused the accident then claims to not be responsible for my wrecked car, do I need a judge to prove my suspicions that he/she drove into my car? I have all of the information and have independent verification by another party so there is zero doubt as to what happened and who did it. Now if I take the driver to court the burden of proof is on me to prove my allegations and get relief from the court, but getting the court to agree with me based on the facts is an entirely different matter than me knowing with absolute certainly what actually took place.
Courts deal in the minutia of provable evidence, legal procedures, past precedence, technical loophole and the biases of the judge; they do not conduct independent investigations and determine fact independent from what the plaintiff and the defendant submit to the court. Thus, they rule on matters of law based on the limited information presented by both sides; they do not declare what the actual facts that may be in dispute actually are.
Thus a dismissal by judge Conrad, unlikely but possible, would not change the facts sitting on Isom's desk. He has the evidence, the data, the independent verification and he knows what those east pilots are doing to damage the company financially. Now if Isom wants those east pilots to stop damaging airline operations, then he must prove to the court what happened and that the company is entitled to injunctive relief based on the law. If the court agrees, then there will be consequences for USAPA and east pilots. If the court does not agree that the company presented irrefutable evidence of the illegal conduct, relief will not be granted. In the latter case, it still doesn't change the facts of what has happened, it just meas that a remedy will not be granted by the courts.
What would you do if you were the COO with irrefutable evidence streaming across your desk since May 1st and millions of dollars were being lost to illegal work slowdowns?