IMHO, USAPA's filing with the NMB is arguing that "Section 13 of the Allegheny-Mohawk LPPs permits the union to disregard our contract's language. Section 13 establishes a dispute resolution procedure, including for Section 3 seniority integration disputes, which provides under its subsection 13(a) that if the parties have not settled the dispute within 20 days of it arising, any party may request from the National Mediation Board (“NMB”) a list of seven potential arbitrators from which the parties will then alternately strike names until a single arbitrator remains who will hear and resolve the dispute."[/size]However, this action may violate the RLA, contract law (the pilot's contract) and specifically the MOU, paragraph 20. [/size]MOU, paragraph 20 states, "Except as expressly provided otherwise in this Memorandum, any dispute over the interpretation or application of this Memorandum shall be resolved in accordance with this provision. Any such dispute shall be arbitrated on an expedited basis directly before a specially-created one-person System Board of Adjustment consisting of arbitrator Richard Bloch or Ira Jaffe, whoever shall be available to hear the dispute earliest. If Arbitrator Bloch or Jaffe declines to serve in this capacity or is not available to resolve the dispute, another neutral arbitrator shall be selected. The dispute shall be heard no later than thirty (30) days following the submission to the System Board (subject to the availability of the arbitrator), and shall be decided no later than thirty (30) days following the first day of the hearing, unless otherwise agreed to in writing."[/size]In addition to AAG objecting to USAPA's NMB filing, the Company and APA filed a lawsuit and grievance against USAPA under Paragraph 20 of the MOU, "claiming that USAPA violated MOU paragraph 10 by invoking the McCaskill-Bond Section 13(a) process by requesting a list of seven potential arbitrators from the NMB on February 20, 2014. APA and the Carriers requested as part of the remedy in their grievance that USAPA be ordered by the arbitrator to revoke its February 20, 2014 request to the NMB under Section 13(a) of the Allegheny-Mohawk LPPs."[/size]It seems to me USAPA is asking the NMB to issue a ruling to set aside a part of the pilot's contract, which AAG and APA believe is bad-faith. What are the odds of success and if USAPA loses this request what happens to US Airways' pilots and the ISL proceedings post SCC without a Protocol Agreement?[/size]The NMB request and M-B lawsuit seems very, very risky to me. If either of these go APA and AAG's way without a Protocol Agreement prior to SCC US Airways' pilots could be in deep, deep trouble. In fact, the trouble could be worse than the Nicolau Award and result in a TWA-AA type of ISL.[/size]