A footnote 4 from the west pilots on their September 19, 2015 pre hearing brief;
"4 We wish to make clear that while we have always believed quite firmly that the starting point for this SLI case should be the integration of the East and West lists as prescribed in the Nicolau Award and that the Ninth Circuit’s Addington Opinion only confirmed that belief, we are not asserting that this Board is bound to accept the Nicolau Award as a matter of law. This Board can impose any solution it believes is “fair and equitable” taking all circumstances into account. That said, for the reasons we set out in our initial Brief and that we reiterate here – with the added endorsement of the Ninth Circuit – we believe quite firmly that the Board should begin its list construction with that as the first step, no matter what methodology it ultimately chooses to integrate the legacy American pilot group with the legacy US Airways pilot group."
west pilots SLI Brief 09/19/2015
Ironically the MB SLI had their own footnote 4 when giving the ok to a East Pilot merger committee at the beginning of July, 2015
“4 While enjoining the USAPA Merger Committee from participating in the McCaskill-
Bond seniority integration arbitration, except to the extent that it advocates the Nicolau
Award, the Addington majority recognized that, given the requirement of a ratification
vote by all pilots for any joint collective bargaining agreement, it was unclear whether the
Nicolau Award would have been implemented fully but for USAPA’s actions. Further,
the court expressly declined to order that an unmodified Nicolau Award be used to order
the seniority of the East and West pilots in the arbitration.”
Arbitration Panel
July 2015
(awa4+9th?-MBSLI4+e=mc=nonic)
AWSLIC footnote 4 plus 9th endorsment? minus MB SLI footnote 4 plus E=MC SLI brief = no nic