1. Is there ANY WAY to overturn, modify or get around this ruling? For example can a new contract set seniority rules contrary to this? Can they be negotiated?
In a nutshell, yes.
But it will require the operation to remain separate, as it is now. Without completed negotiations, there is no merged operation, and without a merged operation, there is no ability/need to use the Arbitrator's award.
2. Am I correct in assuming like many said that the company and west pilots really had nothing to do with this ruling? Is it in fact the judgement of an "impartial" third party?
No, the America west pilots entered the initial negotaitions, and later fought for (in the arbitration) for the very same items that they were awarded. This is what they wanted, and fought for.
3. If this was due to negligence on the part of ALPA or other negotiating parties, then wouldn't there be legal recourse?
They are already being sued. There is an ongoing lawsuit brought by the US pilots that flew the E-170 at US Airways Mainline. This flying was not recognized as "active service" by ALPA (in terms of those pilots being recalled or newhired onto the property).
This is key, because US pilots from the top to the bottom of the furlough list returned to E-170 flying as active pilots at the time of the merger. For the Arbitrator to say the bottom 150 04/05 newhires should be included on the merged list (meaning he agrees it WAS US Airways flying), but not credit that active flying for anyone else that was operating the E-170 makes no sense.
(and before one of you AWA pilots spouts off about the E-170 not being "mainline-ish", remember many of your sneior piltos counted their time in AWA's Dash 8's)
4. If the above is true, then what good does it do to call in sick, hurt the operation and drive what few high value customers are left after the meltdowns away? We already have good enough reasons to leave...what can driving the company out of business achieve?
Good point, seems tome the company would rather keep us separate, and happy, than merged and angry.
It looks like no matter which way this went someone would be unhappy. To take it out on innocent customers, however, is somewhat unfair. Instead of spending all the energy being spent on complaining and protesting, how about finding a way to fix it? (This may be naive but had to be asked).
Trust me, we are tring to find a way to fix it, it is the AWA piltos that are looking for a way to make it stick, and to reap their windfall. They even have a gall to comlain they did not get enough from the award, imagine that...