I don't read it that way. Para 10h stipulates that the listS in effect will not be changed as we enter M/B. Two lists in effect (MOU language) is not the same as 'already merged and accepted' (your language).
I understand how you are reading it, but I think you are making assumptions not specifically worded in the paragraph.
It specifically says "US Airways agrees that neither this Memorandum nor the JCBA shall provide a basis for changing the seniority lists currently in effect at US Airways other than thru the process set forth in this paragraph 10".
First as I pointed out, it is talking about AT LCC, not post merger AT New American.
So, once the POR happens, we are no longer AT LCC.
Also, it could be argued that the Nic is one of the listS in effect AT LCC.
It also specifically says via MB in 10. MB specifically says not on mergers prior to 2007. So, there is either a catch 22 in this paragraph that will not allow the entire paragraph to be used, or, it is the AMR pilots and the Nic getting integrated.
Prior to the FUKU representational election, the West's lawyer told us what would happen in a future merger absent a JCBA at LCC. This was prior to MB, but is all the more enforceable now that MB is in play. The West will get separate representation at the MB table, and the Nic is the only legal list for LCC to combine with another airline.
Seeham will tell you the same thing, because, FUKU was never able to get a ratified contract and negotiate a change to the Nic.