Additionally, USAPA’s final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.3
now means NOTHING according to you. And, the company is bound to use, a list the 9th said did not have to be used? This is where you continually set yourself up for disappointment. Because you just keep going against a legal decision that says Nicolau may NEVER be the methodology used to integrate these groups. You cannot go against the 9th, nor can the company. So who do we go with now? Cactusboy 53 and Doug Parker, or the courts? HMMMMM.
Swanny,
The 9th did NOT say anything to the company. The company was not part of the lawsuit. However, the company is a party to the TA which contractually mandates ALPA merger policy (i.e. The Nic), and is therefore liable to the West pilot group for breach of contract if it accepts any non-Nic list.
Further, you are misreading the quote, and what it means. When I read it, it is saying, one of the many reasons the case is not ripe is because usapa has not yet ratified a non-Nic list, therefore, we do not know what a non-Nic list is, or even if it would bring suit from the West. Nothing more, nothing less, and certainly not a greenlight for DOH, DOH with C&Rs or any other hairbrained usapa seniority theft scheme.
As a matter of fact, this quote is just one more warning to usapa of, don't piss off the West or they are going to hand you your asses in an "unquestioanbly ripe DFR".