A solution that is not the Nic and does not harm the west would be cost prohibitive. DOH with so many restrictions and high enough pay raise for the west to just give up. With their resolve and the legal wind at their back, I doubt that would be attainable.
No. If we get a contract with the Nic (assuming it is because of the declaratory judgement) and it doesn't pass, the ball goes back to the company to sweeten the deal until it passes. The other sections would have to be changed. Not section 22.
A DOH contract (absent my first point of a hugely expensive carrot) will certainly trigger DFR II. I think we all agree on that. So based on past performance it is more likely than not that DFR II would be successful. Not a given by any means, but probable. And that's also assuming the DJ was unsuccessful, since we would not even get to a DOH section 22 without the company being released from responsibility. USAPA might be willing to throw caution to the wind and move forward, but the company will not.
If the company played hardball with us, they could threaten BK#3 and shutter us unless we accept their terms. (basically what SWA threatened Air Tran pilots)
But the bottom line of this discussion is a choice between DOH with a contract that does not harm the west (and would pass with 100% since only one pilot can file DFR II), or Nic with a contract that is acceptable to 51% of us on the east. Given those two choices, the more likely, less costly scenario is Nic with a decent contract.