A few observations if I may.
I think I finally get the East or USAPA strategy. It's very similar to the "Scorched Earth" strategy used by the Russians when Germany invaded. USAPA has sued everything but the potted plants in the US Airways Lobby, not so much in hope of victory but in hopes of frustrating the other side into capitulation.
If you look at the West as Germany and East as Russia, it kind of plays out (To Date) in a similar way. Army of Leonidas overruns USAPA in court. Result? More court actions, Kasher looks like a loser for USAPA and where are the pilots? no place close to a list or a contract. It occurred to me that USAPA can lose every single court case and still deny the implementation if the Nic Award for years to come.
So here everyone is. Dug in like the troops in a Russian winter waiting for an opportunity to make a decisive move. This is all about the senior folks on the e East getting to retirement age with all of the perks of their considerable seniority. Another 5 years of delay, which is entirely possible and then? Then it won't matter and a list will be generated and approved and maybe a few dollars in raises. Kind of a sleazy move but an effective one to date.
SH, you are way off. The West and Leonidas sued in Addington. Their Desert Judge over reached, and got them taken to San Fran and the 9th where Addingtons' wheels came off. How is that a loss for USAPA? Then it went to Supreme Court, or tried, a win for USAPA. Then Judge Wake got his drawers lowered, and he was spanked and his trial was ERASED. How is that a loss for USAPA? Then the 9th came out, and said the Nic was not the required list. All paid for by Leonidas. How is that a loss for USAPA? You honestly need to read something other than what the West says here. The only real loss for USAPA, was having the injunction on it. Every other major carrier has one. So really, how is that a loss other than the status quo for AMR, DAL, UAL having the same? If any organization has been the loser, it is Leonidas. They blew 2 mill in Addington, and have yet to get the Nic. Now Judge Silver is extremely aware of what happened to Wake , and what the 9th said. How is that a loss for USAPA?
This below is what Leonidas got the 9th to say, when they pushed Addington to the max. They got this little gem below. How is this a loss for USAPA?
[8] Plaintiffs seek to escape this conclusion by framing
their harm as the lost opportunity to have a CBA implement-
ing the Nicolau Award put to a ratification vote. Because
merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots fur-
loughs, Plaintiffs have not identified a sufficiently concrete
injury.2
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