"...we ultimately will accord the Nicolau
Award the weight that we believe it is entitled to receive in the context of the particular seniority integration methodology that we utilize to develop a fair and equitable integrated list.(4)
Absent some restriction imposed by a Court of competent jurisdiction, the ability to advocate to this Board that a particular methodology ought to be utilized to help construct a fair and equitable integrated seniority list is not something that the Board would limit in any way. There may be any number of
methodologies that, if adopted, may be of use in developing an integrated seniority list that overall is fair and equitable. This Board has not yet had the opportunity to review and study the record evidence that will be introduced and, as a result, has not considered whether or to what extent weight appropriately ought to be given to the Nicolau Award in performing that function."
"(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."
The official MB SLI Arbitration Panel July, 2015