Oh ye of little comprehension but big fantasies...
The 9th said:
So, the 9th said that USAPA's proposed seniority list "was not nearly as favorable to West Pilots as the Nicolau Award" and that "effectuation of USAPA's proposal" would injure the West Pilots. Then they said "USAPA's final proposal may yet" - not the current USAPA proposal but one that USAPA may yet propose. Followed by the part that easties love to skip: "that does not work the disadvantages Plaintiffs fear" - i.e. it's not USAPA's current proposal since they already said that the current USAPA proposal is "not nearly as favorable" to the westies and presents an "accompanying injury."
So USAPA is in a corner - they have yet to make a seniority proposal that doesn't harm the westies. If USAPA ever does make a proposal that is as "favorable to West pilots as the Nicolau", then and only then will USAPA escape a DFR.
That is exactly what Silver was referring to when she said "No question the Court embraced the issue that there was harm to the West Pilots."
Jim